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Home My WebLink About10036-10 Vacation- Alley to be vacated first NS alley West of Main St. & So of Colfax AveORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana September 13, 20 10 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 14, September 15, 10 City Clerk Approved and signed by me 20 20 10 ~~ Mayor ORDINANCE NO. L ~~ 3~_ ~-° AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: "The alley to be vacated is described as the first north-south alley West of Main Street and South of Colfax Avenue. The portion to be vacated begins at the southwest comer of lot number 236 in the original plat of the City of South Bend to the north 131 feet, to the west 10 feet, to the south 131 feet and returns to the east 10 feet to the point of beginning." 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: The alley to be vacated is described. as the first north-south alley West of Main . Street and South of Colfax Avenue. The portion to be vacated begins at the southwest comer of lot number 236 in the original plat of the City of South Bend to the north 131 feet, to the west 10 feet, to the south 131 feet and retums to the east 10 feet to the point of beginning. Hereby determines that it is desirable to vacate said property. SECTION II. 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. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-1008-0313; 018-1008-0314; 018-1008-0315; 018-1008-0316 SECTION IV. The purpose of the vacation of the real property is to transfer ownership to the abutting property owners for improvements. 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. Member of the Common Council Attest: C Cle Presented by me to the Mayor of the City of South Bend, Indiana on the ~ `'~ ~ day of p ~,w , 2 0 ~~ , at l l : Zr" o'clock G - .m. Approved and signed by me on the /S~ ~ !o : 30 o'clock Gt • .m. ~ ~ ~~ Ci lerk ~ ~ day o .~-- f , 2 D i ~' , at Mayor, City of uth Bend, Indiana 1 st READING ~ Z~ ~~ ~ PUBLIC HEARING ~,~(,3-l.~ 3 rd READING ~,--(,3 ..•~ ~ NOT APPROVED REFERRED c~~ ~ ~~ ~ ~ PASSED ~~ ~ In ~ ~~'~ ~~~:~e AUG 1 1 2010 s~t~?: ~,1~~ne c+~r e~r~~, so. ~~ta~, ~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-10 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE:, 7 ~l 3 /j0 WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DfSCfFIQED AS The existing alley with encroachments that runs North and South to the immediate west of (a) Fiddler's Hearth (parcel number 0180080316/8), (b) Madison Oyster Bar (parcel number 0180080315) and (c) Saigon Market parking lot (parcel 01810080314) and to the immediate east of Saigon Market (parcel 01810080313), as shown in the attached and incorporated Exhibit A. B. THE STREET DESCRIBED AS: Not applicable. NAME (signed & printed) ADDRESS LOT# Ceol r, Inc. b 127 N. Main Street 0180080316/8 South Bend, IN 46601 Its authorized agent 208 W. Colfax Ave. 01810080313 Bao ?guyen -~ South Bend, IN 46601 01810080314 208 W. Colfax Ave. 01810080313 Oanh Nguyen ~ South Bend, IN 46601 01810080314 129 N. Main Street 0180080315 ur r' South Bend, 1N 46601 CONTACT PERSON: SHAWN P. RYAN 220 WEST COLFAX AVE. SUITE 425 RETURN TO: OFFICE OF THE CITY CLERK SOUTH BEND, IN 46601 JOHN VOORDE, CITY CLERK (574} 289-0909 ROOM 455 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 „~ ~~ 1,15 i~r'~ ~~~I~.~ 574-235-9221 f ~~"" pUG ~ ~ 2010 a~t~~~c ~c,~~~F~~~ tit ctrt c,_~g~, ~~` The alley to be vacated is described as the first north-south alley West of Main Street and South of Colfax Avenue. The portion to be vacated begins at the southwest corner of lot 236 in the Original plat of the City of South Bend to the north 131 feet, to the west 10 feet, to the south 131 feet and returns to the east 10 feet to the point of beginning. Property Owners on Radius Map 018-1012-0466 South Bend Tribune, 225 W. Colfax 018-1008-029701 " 018-1008-0297 Main Street Row, LLC, 209 N. Main 018-1012-0474 Colfax Place Associates LP, c/o Holladay Properties, 227 S. Main 018-1012-0475 " 018-1008-0312 Hamilton Colfax, LLC, 212 W. Colfax 018-1008-0313 Bao & Oanh Nguyen, 208 W. Colfax 018-1008-0314 " 018-1008-0315 Laura L. Simeri, 129 N. Main 018-1008-0316 Ceol Mor, Inc., 127 N. Main 018-1008-0317 Mary Coyne Investments, LLC., 1428 Hamilton, Cleveland, OH 44118 018-1012-0477/1 Valley American Bank, 101 W. Washington, Suite 300, Indpls, IN 46255 018-1008-0318 113-117 N. Main St. Land Trust, Box 11545, South Bend, IN 46634 018-1008-0319 " 018-1008-0320 " 018-1008-032101 " 018-1008-0321 Dillingham Hill, LLC., 64 Washington Court, Quinty, MA 02169 ~~ ~~~$~~ ~~~`~ '1 P~s ~;~ ~~°~ ` 1 1 ,~~~p P~~' ~ ~es;~F~~~ra` ~~~'`~ ~~~ IFiaaLe~z~`s Hean>~h A Family Friendly Public House in the Heart of Downtown South Bend August 11, 2010 City of South Bend Office of the City Clerk Room 455, County-City Building South Bend, IN 46601 RE: Alley Vacation Having obtained approval from all property owners abutting the alley running north-south behind the property at 127 North Main Street, Fiddler's Hearth/Ceol Mor is petitioning the City of South Bend to vacate this alley. The purpose for this Petition to Vacate is to make needed improvements to the alley addressing past safety, sanitation, and esthetic concerns, and to use the space for outdoor dining behind Fiddler's Hearth. Since the alley dead-ends at a private parking lot, it is not open to through traffic and is used primarily for deliveries to the back doors of the abutting restaurants (Fiddler's Hearth and Madison Oyster Bar). Improvements planned for the space immediately behind Fiddler's Hearth include athree-season outdoor covered patio space, providing a unique downtown dming ahernative for the city. Respectfully submitted, Carol H. Meehan President Fiddler's Hearth, Inc. (restaurant) Ceol Mor, Inc. (property owner) sr~~£' tr'~~ p~6 ~ ~ 2010 - ~~e~;~. ~~.F~r p1~t . K w.h, 127 South Main Street ~ South Bend, Indiana 46601 ~. www.fiddlershearth.c 74) 232-2853 1316 COUNTY-CITY $UILDING 227p JEFFERSON BOULEbARD SOUTH iJEND, INDIANA 46601-1830 PHONE 574/-235-9251 Fnx 574/235-9171 'TDD 574/ 235-5567 CITY OF SOUTH BEND STEPIIEN j. LvECxE, MAYOR Bow of PUBLIC Woxxs July 22, 2010 Mr. Shawn Ryan Attorney at Law 220 West Colfax, Suite 425 South Bend. Indiana 46601 RE: Alley Vacation and Easement Agreement -The North/South Alley behind Fiddler's Hearth, Madison Oyster Bar, and East of the Saigon Market Parking Lot (Preliminary Review) Dear Mr. Ryan: The Board of Public Works, at its July 22, 2010, meeting, reviewed the Alley Vacation and Easement Agreement submitted on behalf of Sean Meehan, Land Owner, Fiddler's Hearth; Bao and Oanh Nguyen, Land Owners, Saigon Market; and Laura Simeri, Land Owner, Madison Oyster Bar. The alley vacation must still be approved by the Common Council and the property owners must still contact the Building Department, Zoning Baard, Health Department, and any other governing entity that maybe involved wish the types of plans being made for the alley. Enclosed, please find the Agreement and the original of the Petition to Vacate Public Rights- of-Way for filing with the Common Council. Your clients will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to piclcin~ up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ` Lind M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Cari Littrell, Engineering Sean Meehan. Fiddler's Hearth Bao and Oanh Nguyen, Saigon Market Laura Simeri, Madison Oyster Bar. GARYA. GILOT> P.E. DONALD E. INKS JOHN H. MURPHY PRESIBENT MEMBER MEMBER After recording mail to: AUDITOR'S RECORD Parcels affected: #0180080316/8 #0180083015 #01810080314 #01810080313 Transfer No. Taxing Unit Date ALLEY VACATION AND EASE iMENT AGREEMENT This Alley Vacation Agreement is made (~ t ~ ~~ 2010, among Fiddler's Hearth, Inc., a tenant, and Ceol Mor, Inc., a land owner {together "Fiddler's Hearth") at 127 N. Main St., South Bend, Indiana; Saigon Market, Inc., a tenant, and Bao & Oanh Nguyen, land owners (together "Saigon Market") at 208 W. Colfax Ave., South Bend, Indiana, and dtl, Inc., d/b/a Madison Oyster Bar, a tenant, and Laura Simeri, a land owner (together, "Madison Oyster Bar") at 129 N. Main St., South Bend, Indiana. In exchange for the the mutual covenants contained in this agreement, the parties agree as follows: RECITALS A. An existing alley ("the Alley") with encroachments runs north and south to the immediate west of (a) Fiddler's Hearth (parcel number 0180080316/8), (b} Madison Oyster Bar (parcel number 0180083015), (c) the Saigon Market Parking Lot (parcel number 018100$0314) and to the immediate east of Saigon Market (parcel number 01$10080313). B. The Alley is abandoned for the purposes of through vehicular traffic and is currently used by Fiddler's Hearth for a sidewalk cafe structure, and by Madison Oyster Bar for storage of a dumpster, and by Fiddler's Hearth, Madison Oyster Bar and Saigon Markey for ingress/egress and deliveries/services. C. Madison Oyster Bar currently owns two HVAC units and a satellite dish that encroach on the Fiddler's Hearth rooftop and has enjoyed rights of access for periodic maintenance, and needs continuing rights of access for maintenance and eventual replacement. D. The parties seek to resolve all remaining disputes among them in order to carry on mutually agreeable business practices and to contribute to an agreeable downtown environment. CLAUSES 1. The parties agree to the vacation of the Alley as described above, and as shown in the diagram attached as incorporated as Exhibit A. The dotted Iine shows the division of the vacation, with ownership going to each adjacent land owner to the midpoint of the alley, as it runs north to south. 2. The parties consent to the vacation described above, and agree to complete all necessary documents to be submitted to the City of South Bend, or any other municipality, in order to obtain the vacation of the subject Alley. 3. Saigon Market and Fiddler's Hearth agree to a perpetual easement which will run with the ]and, to allow the existing Fiddler's Hearth patio structure, as well as any replacement structures, limited to its current dimensions to be situated in the alley as an outdoor dining area as well as ingress/egress and deliveries and services via the vacated aIley easement. 4. Madison Oyster Bar and Fiddler's Hearth agree that Madison Oyster Bar shall be entitled to a perpetual easement, to run with the land, in order to allow placement of its dumpster, and use of an oiUgrease vat, or a replacement dumpster and oiUgrease vat, in the alley area immediately behind its building, to the north of Fiddler's Hearth, and rights of ingress/egress for deliveries and services via the vacated alley easement. 5. Fiddler's Hearth acknowledges and grants Madison Oyster Bar perpetual rights, which will run with the land to continue to place, maintain and repair, and if necessary, replace the two HVAC units and a satellite dish on the roof of the Fiddler's Hearth building. 6. Madison Oyster Bar and Saigon Market also acknowledge that Saigon Market shall be entitled to a perpetual easement, which will run with the Iand, for ingress/egress and deliveries and services via the vacated alley easement. 7. Fiddler's Hearth acknowledges that Saigon Market shall not be liable for any loss or damages arising from Fiddler's Hearth use of the easement described in paragraph 3, above, as well as the patio structure and any replacement; further, Fiddler's Hearth indemnifies Saigon Market for and holds it harmless against any loss or damages arising from Fiddler's Hearth patio structure. Saigon Market Parking Lot Parcel #01810080314 Madison Oyster Bar Parcel # 0180080315 Fiddler's Hearth (Ceol Mar) Parcel # 0180080316/8 ~ _ .... ._ - - ._ _ - _.. ,.. ~ _ ~ ._ _ _ ,~ r O V Saigon Market Parcel #018100$0313 Ampco Lat Parcel # 0180080317 ;>* `.: _; `... , , u; ~~aa~ Fiddler's Hearth, Inc., tenant y its authorized agent STATE OF 1NDIANA ) COUNTY OF ST. JOSEPH )SS: Be~ore me, the undersigned, a Notary Public in and for said County and State, this ! 3~ day of s , 2010, appeared Fiddler's Hearth, Inc. by its authorized representative ~'~ l'?~`~'~?Rr' ,and acknowledged the execution of the above and foregoing Agreement. IN WITNESS WHEREOF, I have hereunto.set my hand and Notarial Seal, this ~ 3 ~ day ofA~, 2010. ~c y _ _~ My Commission expi p !t'l~ ~My 4a~->~ (~ ~ 7 ommistlM ~ 1lf. ~C ~..+r~ O ~r,~N ,Notary Public eszdent of c f . ~IDC~i`~ County. State of ~1~tgr1A APPROVED Board of Public 1Vorlts ,., ~, „r, ~ii~i ! (~.J r- Ceol Mor, Inc. > land owner B y its authorized agent STATE OF 1NDIANA ) COUNTY OF ST. JOSEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this ! 3 ~' day of ~ 2010, appeared Ceol Mor, Inc. by its authorized representative ~~+r`} Mb'"EiIAf't ,and acknowledged the execution of the above and foregoing Agreement. IN WITNESS VVHF.REOF, I have hereunto set my hand and Notarial Seal, this _l 3 ~ day of t~lY 2010. N11~ P ~~ My Commission expires: ~~ pubNQ- ~ ~~ Cv ~/ 3 l! 7 ~ comrt~st~~"e e State of A+'~-A+~~ iwl"~' ~~ ,Notary Public of .~ r' . ooSeG~-i County. APPRQV~,1li $crard of Public Worf~ L Bao Nguyen, land owner r B ao~Nguyen STATE OF INDIANA ) COUNTY OF ST. JOSEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this ~~ day of 2010, personally appeared Bao Nguyen and acknowledged the execution of the above and foregoing Agreement. WITNESS WI3IIZEOF, I have hereunto set my hand and Notarial Seal, t s 3 ~ day of ~y 2010. /~/~ My Conunission expires: ~ +~.~ State of '~ ~Nt2~~A f"' ifN P• Ry14r~, Notary Public of ST, ~yS~ County. APPR~~13 $oard o£ Public ,~o~ks a;~.a: i, :~ 1 Oanh Nguyen, land owner Oanh Nguyen STATE OF INDIANA ) COUNTY OF ST. JOSEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this t~~ day of, 2010, personally appeared Oanh Nguyen and acla~owledged the execution of the above and foregoing Agreement. IN WITNESS VVT~ER$OF, I have hexeunto set my hand and Notarial Seal, this I~ ~m day of , 2010. _ - - - / /~ `f. ~~ ~~ w P. NY~11 My Commission expires: ~~~.~{ / ttrMrM-i~t- _ ~(/ 3f t ~ MY Commiselen tom! dnn State of .~N~~-A' _ ~ /'• k'~/~W ,Notary Public of .~T. Ol~i~ County. APPRO~I) Board n€ Public WQrlss Saigon Market, Inc., tenant ..-G~....~~~------_ ~~ ~ ~ u =~`-~-~ By its authorized agent STATE OF INDIANA ) COUNTY OF ST. 70SEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this ~~ day of 2010, personally appeared Saigon Market, Inc. by its authorized representative ~ ~ ~"~ ,and acknowledged the execution of the above and foregoing Agreement. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this ~y day of, 2010. „"'"' My Commission exp State of M1~f ~IN~M MY Comm{stS~ ~plns ~ 1S. ~-~+~`' ~~v ,Notary Public Resident of Sf• . (I ~~/> County. i+,pP~$.Q~ .. iBoaurd ~ ['ublic ~o _` `~ '% `~ ~ o~ ~.~~ ~. _....~. Laura Simeri, land owner ~• • ur STATE OF INDIANA } COUNTY OF ST. 70SEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this /~~ day of April, 201Q, personally appeared Laura Simeri and acknowledged the execution of the above and foregoing Agreement. IN WITNESS WI~REOF, I have hereunto set my hand and Notarial Sea], this _,~ day of April, 2010. My Commission expires: X~/~/~ ~' l.~O ~' ~~~'~ ~ .s ,Notary Public Resi ent of County. State Of -~ ~ CL• APPROVIE~ ii o, ~.cd «f Public 11 a ~ Fss };; is eq r. - . „ dtl, Inc., tenant i . , ~~~s /~y ats-a~ioad-z'ed agent STATE OF INDIANA ) COUNTY OF ST. 7OSEPH )SS: Before me, the undersigned, a Notary Public in and for said County and State, this f~ ~~ day of April, ?OIO, appeared dtl, Inc. by its authorized representative r~/fir r.'i r}:!.-~..-nr.r.~,~ ,and acknowledged the execution of the above and foregoing Agreement. ;f IN WITNESS WfIEREOF, I have hereunto set my hand and Notarial Seal, this ~~~~ day of April, 2010. ]Vly Commission expires: ~ ~~ ~ i:J ~0~7 ~T_ State of `~- . zf fLl r~:~~'.c't , . E ~' + ~~'itary Public Resident f ~ ;' County. APPROV.~ f.~taacr~ cif Public ~ur~s ~~ I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this dgc~~fient, unless required by law. P. Ryan ~1~~ . o Date This document prepared by Shawn P. Ryan, 224 W. Colfax Ave., Suite 425, South Bend,1N 46601. ~~~~~~ JUL ~ Q Zl~jn PETITION TO VACATE PUBLIC RfGHTS-OF-WAY , . . (STREETS/ALLEYSa Ut~Y ~~ ~O~U7H g~~D QF ~NG1NF~~IiVG TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: ~~ ((3 I(d WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS The existing alley with encroachments that runs North and South to the immediate west of (a) Fiddler's Hearth (parcel number 0180080316/8), (b) Madison Oyster Bar (parcel number 0180080315} and (c) Saigon Market parking lot (parcel 01810080314} and to the immediate east of Saigon Market (parcel 01810080313}, as shown in the attached and incorporated Exhibit A. B. THE STREET DESCRIBED AS: Not applicable. NAME (signed & printed) ADDRESS LOT# Ceol r, Inc. b 127 N. Main Street 0180080316/8 South Bend, IN 46601 Its authorized agent ~. ~~~__ __.___ _ 208 W. Colfax Ave. 01810080313 _ Bao Nguyen ~ ~~ South Bend, IN 46601 01810080314 208 W. Colfax Ave. 01810080313 Oanh Nguyen South Bend, IN 46601 01810080314 ~ ~ 129 N. Main Street 0180080315 _ ur ~ r' South Bend, 1N 46601 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455 COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 CONTACT PERSON: SHAWN P. RYAN 220 WEST COLFAX AVE. SUITE 425 SOUTH BEND, !N 46601 (574) 289-0909