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Home My WebLink AboutRelease of Easement - City of SB - Eddy Street Phase II DevelopmentCITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Board of Public Works FROM: Scott Kruger, Engineer I THROUGH: Sue Ellen Doudrick, PE SUBJECT: Eddy Street Commons Phase 11 (DP 17-005) DATE: February 8, 2018 Please find attached a copy of the vacation ordinance, and a highlighted map indicating the specific location of the easements. A portion of the Eddy Street Commons Phase II development is located along a 12-foot vacated North/South alley between Eddy Street and Georgiana, a 12-foot vacated East/West Alley south of St. Vincent Street and East of Eddy Street (between Lots 5 and 6), and adjacent to or through a 50-foot vacated North/South right-of-way South of Georgiana. Avenue and North of Howard Street. These vacated alleys and right-of-way are presented in the May 2017 ordinance (#10518-17) the City of Council passed vacating the alley and right-of-way. I recommend the Board of Public Works approve the release of the reserve easements highlighted by "Area I" in the attached Eddy Street Commons Map. This request is solely for the release of the reserve easements for the two 12-foot vacated alleys highlighted on the attached map. The City of South Bend does not have any existing utilities in these vacated alleyways. If you have any questions, please ask either Sue Ellen Doudrick, Assistant City Engineer, 40P4QVgp Thank you, 0"'spri ()f PlAric W""k. III, I�11aI � Attachments: 1. Eddy Street Commons Map 2. January 17, 2018 Email request from Tony Halsey 3. Ordinance No. 10518-17 We deliver services that empower eveiyone to thrive! Page 1 of 10 easernents ster, = requed fo . .............................. .......... . LOT 18 LOT 15 LOT 14 LOT 13 & LOT U la LOT 11 LOT 10 IRS U — — — WT 9 MS LOT a New LOT 7 VAX OF PAMM— LOT 0 LOT 4 PAKIL PH WD" PAMM W 3 WIFN ll�WT 1 k' 030 1, —161 1 UIL ST. VINCENT STREET All toT'm Allf:iEf CLERK: a IN LOT W Un 37 LOT m LOT 39 i V LOT 40 "ARTMAN MD UUMS PLAT PLAT 00% 7, PACE 29 LOT 41 AREAS D & E AMERICAN 7260 SHADELAND STATION DATE: 04/07/2017 SHEET NO, INDIANAPOLIS, IN 46256-3957 3 STRUCTUREPOINT TEL 317.647.6580 FAX 317,643,0270 DRAWN BY. EE of INC. www.structurepoint.com 3 JOB NO. 2016,02695 Scott Kree2er From: Tony Halsey <thalsey@kiterealty.com> Sent: Wednesday, January 17, 2018 2:22 PM To: Sue Ellen Doudrick; Roger Nawrot Cc: Kara Boyles Subject: Eddy Street Commons - vacated alley reserve easements Attachments: Exhibit - Gas in vacated alley.pdf; ORD10518-17 Vacation- NorthSouth Alley South of St. Vincent Street, east of Ed.pdf Follow Up Flag: Follow up Flag Status: Flagged Sue Ellen/Roger In May of 2017 we vacated several rights -of -way and alleys that ran through Eddy Street Commons 2 area. One of these was the north -south alley between Howard Street and! Saint Vincent Street on the east side of Eddy. The alley was vacated in May of 2017 by the attached ordinance. Section 11 of the ordinance references that utilities with facilities in the alley have a reserve easement to contruct/maintain the facilities unless such rights are released'. I know where the water and sewer are in this area and that none of them ran through this alley. I am even more confident that's the case because this summer we dug up the entire block and constructed a building pad for Building D, which now has a poured foundation and slab. However, our title company would like to clear up the matter so can you please confirm for me that South Bend does not have water/sewer within in the vacated alley and that they'd release the right to any reserve easement? I'll see you both tomorrow. Please feel free to calf me to discuss. Thanks Tony Tony Halsey, P.E. I Project Manager Pre -Development 317 713 5653 [direct] 317 577 5600 [main] 317 289 1221 [celil] 317 577 5605 [fax] Kfte Realty Group 30,South Meridian Street, Suite 1100 Indianapolis, IN 46204 AUTHORITY OF SENDER: To the extent this email relates to an entity affiliated with, or a subsidiary of Kite Realty Groulp, then this e-mail is being sent by KRG Management, ILLC, solely as the manager of the entity about which thus email relates and shall be interpreted as correspondence from that entity alone and not from Kite Realty Group or any of its other affiliated entities or subsidiaries, CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient, If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. This transmission is private and confidential and is the property of the sender., If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us immediately by telephone or return email and promptly delete this message and its attachments from your computer system. 10618-17 Passed by the Coinnoon Council of the C/tvof South Bend, Indiana Ala 22 20 17 Attest. City Clerk Attest.*- of Common Council Presented by me to the Mayor of"floe City of South Bend, Indiana May 23, 20 17 Approved and signed by me - 20 J-2— City Clerk Afajvr ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY SOUTH OF ST. VINCENT STREET, EAST OF EDDY STREET INCLUDING TWO (2) EAST/WEST ALLEYS NORTH OF HOWARD STREET, SOUTH OF ST. VINCENT AND NON -VACATED RIGHT-OF-WAY WEST OF SR 23 AT SOUTH END OF FORMER GEORGIANA STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: (Geor l7ana Avenue) Part of 50 foot wide Georgiana Avenue as platted in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the North line of South Bend Avenue; thence North to the North line of the first East/West alley North of South Bend Avenue. Containing 4,531 square feet, more or less. AND (12' Alle North/South between Eddy Street and Gear Tana Avenue) Part of the first 12 foot wide North/South alley lying East of Eddy Street, as platted in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St Joseph County, Indiana, described as follows: 1 Beginning at the South line of St. Vincent Street; thence South to the North line of Howard Street, said Howard Street being as relocated per the State of Indiana Project STP-5050(007). Containing 7, 020 square feet, mare or less. AND (12'Alley between Lots 5 and 6 Part of 12 foot wide East/West alley lying between Lots 5 and 6, as platted in Hartman and Miller's Plat recorded as Plat Book 7, page 29 in the Office of the Recorder of St. Joseph County, Indiana, described as follows. Beginning at the northeast corner of Lot 5; thence South 89 degrees 42 minutes 07 seconds West 110.09 feet; thence North 09 degrees 04 minutes 10 seconds East 12.16 feet; thence North 89 degrees 42 minutes 07 seconds East 108.10 feet to the southeast corner of Lot 6; thence South 00 degrees 20 minutes 43 seconds East 12.0 feet to the Point of Beginning. Containing 1,309 square feet more or less. Hereby determines that it is desirable to vacate said property. SECTION ll, The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. CF!-'TIr1N1 III such vacating: 018-5098-3455 018-5098-3456 018-5098-3457 018-6098-3458 018-5098-3459 018-5098-3460 The following property may be injuriously or beneficially affected by 018-5098-3468 018-5098-3469 018-5098-3470 018-5098-3471 018-5098-3473 018-5098-3474 018-5098-3484 018-5098-3485 018-5098-3486 018-5099-3517 FA 018-5098-3461 018-5098-3462 018-5098-3463 018-5098-3464 018-5098-3465 018-5098-3466 018-5098-3467 Section IV. The purpose of the vacation of the real property is to allow for construction of Eddy Street Commons, Phase 11, a mixed -use retail and residential development. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest. City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend', Indiana on the day of 2 at o'clock L4- . m. City Clerk Approved and signed by me on the day of , 2, at 4. bi) 01C oc '. M, 1 st READING 67/ciflir) PUBdc HEARING 672.21111 3 rd READING 671M I'l NOT APPROVED REFERRED %J10 PASSED 672,.2,) Irl Mayor o, * jl,-Bend, Indiana MAY 6-4 ?—o q L_ 3 KAREE'�, CITY CLEW. Filed �ri Gok-,,rk's Office CITY BEND, INI (Georgiana Avenue) Part of 50 foot wide Georgiana Avenue as platted in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the North line of South Bend Avenue; thence North to the North I ine of the first East/West alley North of South Bend Avenue. Containing 4,531 square feet, more or less. (12' Alley North/South between Eddy Street and Georgiana Avenue) Part of the first 12 foot wide North/South alley lying East of Eddy Street, as platted in Hartman and Miller's Plat recorded in Plat Book 7, page 29 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the South line of St. Vincent Street; thence South to the North line of Howard Street, said Howard Street being as relocated per the State of Indiana Prbject STP-S050(007). Containing 7,020 square feet, more or less. (12' Alley between Lots 5 and 6) Part of 12 foot wide East/West alley lying between Lots 5 and 6, as platted in Hartman and Miller's Plat recorded as Plat Book 7, page 29 in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the northeast corner of Lot 5; thence South 89 degrees 42 minutes 07 seconds West 110.09 feet; thence North 09 degrees 04 minutes 10 seconds East 12.16 feet; thence North 89 degrees 42 minutes 07 seconds East 105.10 feet to the southeast corner of Lot 6; thence South 00 degrees 20 minutes 43 seconds East 12.0 feet to the Point of Beginning. Containing 1,309' square feet more or less. VA,e% ATION EXHIBIT AREAS D & E %OJ4 AMERICAN STRUCTUREPOINT INC. 7260 SHADELAND STATION INDIANAPOLIS, IN 46256-3957 TEL 317.547.5580 FAX 317,543.0270 www.structurepoint.com DATE. 04/07/2017 1 SHEET NO. DRAWN BY: EE I of III&WILGIM40 - - - - - - - - - - - LOT 8 S89-43'3eW av PARCEL W STATE OF INDIANA LOT 7 INST #1121030 — — — — — — — — — — PARCEL 84J STATE OF INDIANA INST 01121030 1LOT 6 Filc"d 41 — — — — — — — — — — --- I— �-- --I 2 L252 1 OUTLOT C b 1, 2' POWER EASEMENT "PLAT' — — — INST V236 59 I N89'4ZO7*E - 110.0V t6 LOT 5 PB.-"/ .O. THE TRIANGLE MAJOR SUBDIMSION INST #1213048 LOT 4 OUTLOT B IP PARCEL 64H STATE OF INDIANA INST i1I21030 b 9 ALLEY VACATIoN �ilq') ORDINANCE NO. 1 183-12 8L4 Xr6E -1 *(M&P) 10 W E —NW47T7;E ha PARCEL 40 STATE OF8IN "�AILOT 3 1'. 7 a LOT 49 LOT 5 INST #1121030 0 LOT 48 PARCEL 84F HA TMAN AND FILLER'S DART OF STATE OF IN * 2 PLAY., .LOT IV INST #1121030 PLA BOOK 7, kGE 29 10 "N, a LOT 2 _j 10W16E ALLEY PARCEL M N +j PARCEL W % STATE OF IN STATE OF IN INST #110561 STATE OF IN INST #112103p INST #11,21030 AMERICAN STRUCTUREPOINT INC. PARCEL 84C �Xl l J NN" STATE OF IN -�y o IN#11210 � bp PART OF —LOT 48 7260 SHADELAND STATION INDIANAPOLIS, IN 46256-3957 TEL 317,547.5580 FAX 317.543.0270 www.structuirepoint,com WLEF1 BEN ),IN LOT Rd- VACA-m z 00 � mt�j w N z W. 8-1 AREAS D & E DATE: 04/07/2017 1 SHEET NO. DRAWN BY. EE I of JOB NO. 2016.02695 ST. VINCENT STR4T d14)77, LOT Is LOT 35 A OT 5 LOT M LOT 14 LOT 37 F LOT 13 11 L07 38 ---- — — — — — — L LOT 12 LOT 39 14 1201 .R/O LOT 40 LOT It HAMM AND MU"S PLAT F PUT B" 7. PAGE 29 \ — — — — ------- \ LOT 10 LOT 41 F— — LOT 9 LOT 42 C00" N LOT 8 Law SIAIC OF Mw LOT 7 LOT 53 Pw film= DUTIXT C TWO so INTATE Or NMAKA UA T W LOT 6 of it, S AN n - 117 Cr P as THEURUVMAOON NGLE MA" INST f1213M LOT 4 MUM B I ts PARM PH NM 1.T9N (INIn 12 STAN M VVIAM OMMM K 10183 ow flimm Dw 0113M i Nwqrm 01f, 71 !!! 71 tm. I �.W $TAU CIF N 3 LOT 40 LOT 49 LOT 5wo 01 B0, HA�VF I M AN MDD ir" 5 tcxTc Nor fnriam 0 PLA r PLA r BOOK 7, AM 29 LOT j2 4m N SCALE: 1"=80' I PAM 19TAIE OF N IffAlE OF p,_ my k"Im owl I V.A AMERICAN STRUCTUREPOINT INC. 7260 SHADELAND STATION I N DIANAPOLI S, IN 46256-3957 TEL 317.5,47.5580 FAX 317.543.0270 www.structurepo!nt.com AREAS D & E DATE, 04/07/2017 DRAWN BY: EE I of JOB NO. 2016.02695 BOARD 4}F PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/6/2018 Department PW Name Sue Ellen Doudrick Division/Bureau Engineering BPW Date 2/13/201 g Phone Extension 5922 Required Prig to Submittal to Board Legal Attorney Name: Clara Mclaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing IPolicy Purchasing ❑ Check the Appropriate Item Type — Required for All , Submissions ❑ Agreement Amendment 0 Contract Ll Proposal ❑ Addendum ❑ Professional Services ❑ Resolution [:1 Bid Opening El Bid Award ❑ Req. to Advertise [J Title Sheet Quote Opening El Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ® Ease/Encroach. ❑ Traffic Control: M Other: Release of Reserve Easements Company or Vendor Name New Vendor MBEIWBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ❑ Yes ❑ No El If Yes, Approved by Purchasing ❑ MBE WBE F— No n Yes Name of Company Request BPW to acknowledge release of reserve easement for the Eddy Street Phase II development; reserve easements are recommended to be released for the east/west & north/south 12' vacated alley east of Eddy Street b/n Howard & St. Vincent Sts F] Required Contractor's Certification Forms Attached (Nlon- Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase $ ❑I Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original El El $ Sue Ellen Doudrick Clara Mclaniels