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Home My WebLink About22-18 Alley Vacation- JPTC Real Estate: 228 E. Bronson Street 4SpUTNB� 1316 COUNTY-CI'T'Y BUILDING U d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD A PEACE FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR Filed in Clerk's Office BOARD OF PUBLIC WORKS --' -� - April 24,2018 MAY 08 2010 Terry Lang K!-tRFMFH FOWLER JPTC Real Estate CITY CLERK,SOUTH BEND, IN PO Box 600A CITY._._._„ -_ ,SOUTH ._. ,_..-�. South Bend,IN 46624 RE: Alley Vacation—First North/South Alley West of Carroll Street,East of Michigan St., South of Bronson St.,North of Penn Central Railroad (Preliminary Review) Dear Mr. Lang: The Board of Public Works, at its April 24, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment Department, Fire Department and the Solid Waste Division. The vacation request was found to meet the criteria of IC 36-7-3-13 regarding alley vacations. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Donna Hanson, Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU LANG, FEEN EY & ASSOCIATES, INC. LAND SURVEYING — CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 I r� TELEPHONE 574.233.1841 • FACSIMILE 574.674.0374 www.LangFeeney.com WILLIAM D. LANG, PRES. JOHN B. FEENEY, P.S. TERANCE D. LANG, P.S. FARM SURVEYS SUB-DIVISIONS SEPTIC DESIGNS LOT SURVEYS SITE DESIGN &DRAINAGE CONSTRUCTION SURVEYS May 2, 2018 City of South Bend Common Council Room 455 County-City Building South Bend, Indiana 46601 Re: Alley Vacation —JPTC Real Estate: 228 E Bronson Street To The Common Council, The vacation is a request for the first north-south alley lying west of Michigan Street, running south of Bronson Street to the Penn Central Rail Road. This alley is approximately 248.78' feet in length. JPTC Real Estate currently owns all property adjacent to this alley. The alley serves no other properties therefore requesting the vacation of the alley. The vacation of the alley will facilitate a more productive use of the adjacent area which happens to be one business. Sincerely, n Terance D. Lang Filed in Clerk's Office BILL NO. 22-18 MAY 08 2018 ORDINANCE NO. KFtREEivI�N FOWLER CITY CLERK,SOUTH BEND, IN! AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NS ALLEY 14' IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT-OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78' IN LENGTH. 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: FIRST NS ALLEY 14' IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT-OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78' IN LENGTH 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: 018-3021-079201 018-3021-0793 Section IV. The purpose of the vacation of the real property is The Petitioner currently owns all property adjacent to said alley and wishes to utilize this area in the function of the business. 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana 018 3021 0764 018-3021- f 614 018-3026 01f-3021 0:'78 626 83 018-3021-0766 013-3021-0 '68 21 3021-i-780 018 i30 07 63'4 209 21'1 . 018 217 21. 113225 55 o-302 w 6-09 4 j q- 018 30 1 079201`. UT END j ` 018 13021-0793 ' Y v � -3021-0791 City of South Bend 11f Dept. of Public Works Alley Vacation 150' Radius Map 227 W Jefferson Blvd. #1316 JPTC Real Estate 1 228 E. Bronson South Bend, IN 46601 First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Phone: (574) 235-9251 Michigan Street, bounded on the north by the S right of way of [ 150' Buffer Bronson Street, bounded on the south by the N right of way of the *Address List attached Penn Central Railroad, running approximately 248.78' in length. Date Prepared: 5/1/2018 DCH -- CITY OF SOUTH BEND 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS SURE 1316 COUNTY-CITY BUILDING FAx 574/235-9171 SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form .as "THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING DEPARTMENT PRIOR TO GRANTING A RADIUS MAP* i Submission Date: Applicant Name: JPTC Real Estate Phone#: �-�4_231_coo(6-7 Email: Property Address: p0.$OXtvooA �ouTN >3�ti11J, IkL 44,6ZIA Applicant property information: ❑ Residential ❑ Commercial Industrial Describe the general alley location with boundaries(ex. 5 E e A T 7Ac-14 EtJ Church PI,between E.Colfax Ave&E.LaSalle Ave): Is your property adjacent to the alley of interest? ❑■ Yes ❑ No Do you own all adjacent properties to the alley of interest? 0 Yes ❑ No If no,use the attached table to provide the following information for all affected property owners: Name,Address,Consent for the proposed alley vacation Reason for street/alley vacation and proposed use: Owner recently acquired all adjacent properties an wishes to vacate the alley for future development use. Does the existing alley provide garage access to other property owners? ❑ Yes ❑■ No Does the alley receive daily traffic excluding your own use? ❑ Yes ❑■ No Would the vacation hinder public access to any of the following:a church,school,or any El Yes Q No other public building or place? OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: Yes N Board of Public Works Authorized Signatures: Filed in Clerk's Office MAY 08 2018 KAREEMAH FOWLER CITY CLERK,SbUTH BEND,IN Version 1.0(6/14/20161 Filed in Clerk's Office PETITION TO VACATE PUBLIC RIGHTS-OF-WAY MAY 08 2018 (STREETS/ALLEYS) KAREEMAH FOWLER CITY CLERK,. SOLITH REND. TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Michigan Street, bounded on the north by the S right-of-way of Bronson Street, bounded on the south by the N right-of-way of the Penn Central Railroad, running approximately 248.78' in length. B. THE STREET DESCRIBED AS: none ME (signed printed) ADDRESS LOT # i 1 �j /�� . PO Box 600A Key No. 018-3021-0793 JPTC Real Estate, LLC South Bend, Indiana 46624 (228 E Bronson St) James M. Scott Key No. 018-3021-079201 (v/1 west of 228 E Bronson St) RETURN TO: CONTACT PERSON: OFFICE OF THE CITY CLERK Lang, Feeney & Associates, Inc. KAREEMAH N. FOWLER, CITY CLERK Terance D. Lang ROOM 455 COUNTY-CITY BUILDING 715 South Michigan Street SOUTH BEND, INDIANA 46601 South Bend, Indiana 46601 574-235-9221 574-233-1841 terry@langfeeney.com 018-3021-0793 018-3021-079201 No SD RequiredrW 1808338 Fil din Clerk's Office RECORDED AS PRESENTED ON 04/11/2018 11:21 AM W MARY BETH 1SN5N1E WSK1 MAY 08 2018 ST.JOSEPH COUNTY RECORDER PGS:3 FEES:25.00 K NREEMAH FOWLER CITY LERK,SOUTH SEND,IN Transfer23278 Taxing Unit South Bend Date 04/11/2018 g 3 g 3 516-3521-579201 TransferVMY Taxinq Unit gdAyaked Date OVUM 1806217 RECORDED AS PRESENT 03119/20160 AM MARY B 1SNIEWSKI 1 P —re po N O OSEPH COUNTY t (,J�U/ RECORDER Tax ID No. C O rre C-�' e u2GI c e °i6os�?s- �a ooDilixm°-0 s�5T OD WARRANTY DEED THIS INDENTURE WITNESSETH THAT Warren Holdings,LLC,an Indiana limited liability company CONVEY(S)AND WARRANT(S)TO JPTC Real Estate, LLC, for Ten Dollars and other valuable consideration the receipt whereof is hereby acknowledged,the following described REAL ESTATE in Saint Joseph County,in the State of Indiana,to wit <b SEE ATTACHED EXHIBIT'A- Subject to Real Estate taxes now due and payable and thereafter Subject to covelants,restrictions and easements of record. The undersigned person(s)executing this deed on behalf of the Limited Liability Company represent and certify that they afire a current member/manager of said Limited Liability Company and have been fully empowered by a proper meeting and vote of the Limited Liability Company members to execute and deliver this deed IN WITNESS WHEREOF,the Grantor has executed this deed this 6th day of March,2018. Warren Holdings,LLC,an Indiana limited liability company By: Fred W.Heaney Title: Member MTC File No.: 1741 M(LLCWD) Page 1 of 3 DULY ENTERED FOR TAXATION ST JOSEPH CO INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER DULY ENTERED FOR TAXATION ST JOSEPH CO INDIANA SUBJECT TO FINAL ACCEPTANCE IBM217 FOR TRANSFER State of Indiana, County of Saint Joseph ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Fred W. Heaney, Member of Warren Holdings, LLC, an Indiana limited liability company who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. WITNESS, my hand and Seal this 6th day of March, 2018. My Commission Expires: Rem/ Signature of Notary Public \++u►!nrrrei�� Printed Name of Notary Public Notary Public County and State of Residence This instrument was prepared by: . ,'•, '�� Debra A. Guy,Attorney-at-Law, IN#24473-71 MI#P69602 �.... 202 S. Michigan Street, Ste. 300, South Bend, IN 46601 g-1c, t0 Property Address: Grantee's Address and Mail Tax Statements To: 228 Bronson Street South Bend, IN 46624 I(Gl r�C e r 1 KA 4Z.:h 3 ) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Debra A. Guy MTC File No.: 17-41956 (LLCWD) Page 2 of 3 1808338 LFiled in Clerk's Office MAY 08 2010 REE'FOLER ERK,SOUTH BEND, IN EXHIBIT A PARCEL I: Lots Numbered Eighty (80), Eighty-one (81), Eighty-two (82), Eighty-three (83), Eighty-four (84), Eighty- five(85)and Eighty-six(86) as shown on the recorded Plat of Taylor's Field Second Addition to the City of South Bend, St. Joseph County, Indiana, excepting that portion off the Southerly end of said Lots heretofore conveyed to the New York Central Railroad Company for right of way purposes, more particularly described as follows: Beginning at the Northeast corner of Lot Number 80; thence along the North line of Lots 80 through 86, South 89 050'26" West, a distance of 379.68 feet to a point on the North right of way line of the Penn Central Railroad; thence South 57 049'00" East, along said North line a distance of 448.48 feet to a point on the East line of Lot Number 80; thence North 00 001'32" East, along said East line a distance of 239.93 feet to the point of beginning. ALSO, a part of Lots Seventy-seven (77), Seventy-eight (78), and Seventy-nine (79) as shown on the plat of Taylor's Field Second Addition to the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northwest corner of Lot Number 73; thence South 00 001'32" West, along the West line of Lots 73 through 77, a distance of 209.60 feet to the point of beginning of this description; thence South 55 021'42" East, a distance of 83.30 feet; thence South 32 031'35"West, a distance of 29.64 feet; thence North 57 049'01"West, a distance of 61.19 feet to a point on the West line of Lot Number 78; thence North 00 001'32" East, a distance of 39.18 feet to the point of beginning. PARCEL II: An easement in, upon and over a spur tract in favor and for the benefit of Lots Numbered 80 to 86, both inclusive, and referred to in Deed Record 430, page 334 and known as Spur No. 1, which easement rights in said spur tract go in and across the Southerly parts of Lots Number 78 and 79. PARCEL III: Lot Lettered"A" as shown on the recorded Plat of Monroe-Sample Replat, recorded January 31, 1990 as Document Number 9002533 in the Office of the Recorder of Saint Joseph County, Indiana. MTC File No.: 17-41956 (LLCWD) Page 3 ct 3 1&08338 JPTC Real Estate P.O. Box 600A Filed in Clerk's Office South Bend, IN 46624 ��- 574-237-0087 MAY 08 2018 Terry Lang Terry @langfeeney.com KAREEfA—A OWLER CITY CLERK,SOUTH BEND, IN First NS alley 14' in width lying W of Fellows and Carroll Streets, E of Michigan Street, bounded on the north by the S right of way of Bronson Street, bounded on the south by the N right of way of the Penn Central Railroad, running approximately 248.78' in length. lCo5 h C -0 7'54 0 4 28-07cO2 C9 = /9-0949 / �27-0703 70 -0776 � � 18-0951 IC B-302 D Bo 2�) 85 5 4, –,7—,!–,� Z /25 17-0955 82.5 t T5) �- 7 14 /G5I c �rD 0955 79 44 42 l0 5/ 89 5� 5D lB5 14 BRONSON--- _.� 40 50 189.51 b 352.21 � S w - 0904 �� nl m n l e- 021 F--� Y� v cn�' B y n - 0 3. mill`` � Q V g 142.83 C N -�� O� 4126~ 142.79 f r� �4e•s -0849 02 -) ,� o I � 41•Y �► -0849.01 1$-31022 ��a 'e•'as —— — �� • fey