HomeMy WebLinkAbout8385-93 Vacate - West 116 feet first east-west alley north of LaSalle St between Notre Dame Ave & Frances StP
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ORDINANCE No. 8385-93
Passed by the Common Council of the City of South Bend, Indiana.
June 28, 1993
Attest: 4-0----e a--,°"Y-."-"-®' 1 City Clerk
IRENE K. GAMMON
Attest: ��.;.�t ; Pi• --- - - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
June 29, Iq 93
City Clerk
'4---c-L-----e- 7)-A----pc-----3,--/IRENE K. GAMMON
Approved and signed by me (Ydfro._ ( 19
_ Mayor
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY - The west 116 feet of
the first east -west alley north of LaSalle
Street, running between Notre Dame Avenue
and Frances 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:
The West 116 feet of the first east -west alley
North of LaSalle Street, running between Notre
Dame Avenue and Frances Street, and the legal
description of which is as follows:
A parcel of land located in the East Half (EI)
of the Northeast Quarter (NEJ) of Section
Twelve (12), Township Thirty Seven (37) North,
Range Two (02) East and all being in Portage
Township, City of South Bend, St. Joseph
County, Indiana, and also being the right of
way of part of a ten (10) feet wide, east -west
alley and more particularly described as
follows:
Beginning at the point of intersection of the
east right of way line of a public street now
known as Notre Dame Avenue with the south
right of way line of a 10 feet wide east -west
alley, said Point of Beginning also being the
northwest corner of Lot No. 9 of Dunn's
Subdivision as shown on the recorded plat,
Plat Book No. 9, Page 96; thence east, along
the north line of Lots 9, 8 and 7 and also
being along the south line of said 10 feet
wide, east -west alley, a distance of 116 feet,
more or less, to the northeast corner of Lot
No. 7 of Dunn's Subdivision; thence north,
along the east line of said Lot No. 7
extended, a distance of 10 feet to a point on
the south line of Lot No. 10 of said Dunn's
Subdivision; thence west, along the south line
of said Lot No. 10 and also being along the
north right of way line of said 10 feet wide,
east -west alley, a distance of 116 feet, more
or less to a point on said east right of way
of Notre Dame Avenue and also being the
southwest corner of Lot No. 10 of said Dunn's
Subdivision; thence south, along the east
right of way line of said Notre Dame Avenue, a
r
distance of 10 feet
of this description
more or less.
to the Point of Beginning
and containing 0.027 acre,
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: St. Joseph's Medical
Center, Inc., 801 East LaSalle Street, South Bend, Indiana 46634.
SECTION IV. The purpose of the vacation of the real
property is to: Increase and improve the parking areas serving
Saint Joseph's Medical Center, Inc., while preserving a right of
access to owners of_ Lots 1, 2, 3, 4, 5, 6, 12 and 13 in Dunn's
Subdivision in the City of South Bend, and their tenants, invitees,
and successors.
SECTION V. Vacation of the public property described in
this ordinance is subject to the condition that Saint Joseph's
Medical Center, Inc. create and grant, by written instrument
recorded in the office of the Recorder of St. Joseph County, an
access easement, for ingress, egress and travel by the owners of
Lots 1, 2, 3, 4, 5, 6, 12 and 13 in Dunn's Subdivision, City of
South Bend, and their tenants, invitees and successors, which the
grantor and his successors shall keep open and free from the
obstruction, across the following property:
A part of Lot 10 and the vacated alley south
of said Lot 10 in Dunn's Subdivision, City of
South Bend, Indiana, the plat of which is
recorded in Plat Book 9, Page 96, in the
office of the Recorder of St. Joseph County,
Indiana, described as follows:
The north 22.00 feet of the south
28.00 feet of said Lot 10; the east
67.31 feet of the south 6.00 feet of
said Lot 10; and the vacated alley
north of the east 19.40 feet of Lot
7 in said Dunn's Subdivision.
SECTION VI. This vacation is further subject to the
condition that Saint Joseph's Medical Center, Inc. grant to the
City of South Bend,.Indiana, a license to use and have access to
the property described in Section V above for public health and
safety matters, which license shall be in writing and in form and
content reasonably satisfactory to legal counsel for the City of
South Bend, Indiana.
SECTION VII. This ordinance shall be in full force and
effect from and after its passage by the Common Council and
approval by the Mayor.
IU[a 111 �I "a ��)<�A� 3 � 11 II � Cifti�i cif iili�
Filed in v s
PETITION TO VACATE PUBLIC RIGHT -OF- Y ` `�` "N
(ALLEY) Ci7Y C�.E�tS; S� �ENi3, INo
TO THE COMMON COUNCIL DATE
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNER, PETITION TO VACATE THE ALLEY
DESCRIBED AS:
The west 116 feet of the first east -west alley north of LaSalle
Street, running between Notre Dame Avenue and Frances Street.
NAME (printed and signed)
Saint Joseph's M dical
CieV r, JIn
By �Y
William T. Hambli g,
Director of Project
Management
ADDRESS
801 East LaSalle Street
Post Office Box 1953
South Bend, IN 46634
LOT #
9
18- 5020 - 0684.01
THE REASONS FOR THIS VACATION PETITION ARE TO INCREASE AND IMPROVE
PARKING AREAS SERVING SAINT JOSEPH'S MEDICAL CENTER, INC. THE
PETITIONER PROPOSES TO CREATE A PUBLIC ACCESS EASEMENT IN FAVOR OF
THE GENERAL PUBLIC OVER THE VACATED PORTION OF THE ALLEY, SO THAT
AREA RESIDENTS MAY CONTINUE TO USE THE SAME. THE PROPOSED
ORDINANCE ACCOMPANYING THIS PETITION CREATES SUCH AN EASEMENT.
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
Name John B. Ford
Address 1800 Valley American Bank Bldg
Post Office Box 4577
South Bend, Indiana 46634 -4577
Telephone (219) 233 -1194
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No'Line of 10'A1/ ( 1 �= 30. 0�
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llG' South- bne! of 101AIIe�T _ — - -- (—
p D U1 .- N N' S I S U B ( Plot Book 9i 1- Pqge BG
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DATE: 3 s�9d
r`.
rteTE LAND PLAT
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S 0340 BY
STATECW COLE ASSOCIATES, INC.
2211 E. Jefferson Blvd. South Bend, Indicno
SU
14 17 C1e
SAINT JOSEPH'S MEDICAL CENTER, INC. - Petition to Vacate west 116
feet of east -west alley
DESCRIPTION
A parcel of land located in the East Half (EI) of the Northeast
Quarter (NEJ) of Section Twelve (12), Township Thirty Seven (37)
North, Range Two (02) East and all being in Portage Township, City
of South Bend, St. Joseph County, Indiana, and also being the right
of way of part of a ten (10) feet wide, east -west alley and more
particularly described as follows:
Beginning at the point of intersection of the east right of way
line of a public street now known as Notre Dame Avenue with the
south right of way line of a 10 feet wide east -west alley, said
Point of Beginning also being the northwest corner of Lot No. 9 of
Dunn's Subdivision as shown on the recorded plat, Plat Book No. 9,
Page 96; thence east, along the north line of Lots 9, 8 and 7 and
also being along the south line of said 10 feet wide, east -west
alley, a distance of 116 feet, more or less, to the northeast
corner of Lot No. 7 of Dunn's Subdivision; thence north, along the
east line of said Lot No. 7 extended, a distance of 10 feet to a
point on the south line of Lot No. 10 of said Dunn's Subdivision;
thence west, along the south line of said Lot No. 10 and also being
along the north right of way line of said 10 feet wide, east -west
alley, a distance of 116 feet, more or less to a point on said east
right of way of Notre Dame Avenue and also being the southwest
corner of Lot No. 10 of said Dunn's Subdivision; thence south,
along the east right of way line of said Notre Dame Avenue, a
distance of 10 feet to the Point of Beginning of this description
and containing 0.027 acre, more or less.
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City of South Bend
Joseph E. Kernan, Mayor
Board of Public Works
June 17, 1993
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County -City Building, 4th Floor
South Bend, Indiana 46601
RE: PETITION TO VACATE THE WEST 116 FEET OF THE 1ST E/W ALLEY
NORTH OF LA SALLE STREET, RUNNING BETWEEN NOTRE DAME AVENUE
AND FRANCES STREET
Dear Members of the Council:
In accordance with Municipal Code Section 18 -53.8, a favorable
recommendation is being submitted to the Common Council concerning
the Vacation Petition as completed by Mr. William T. Hambling,
Director of Project Management, Saint Joseph's Medical Center,
Inc., 801 East LaSalle Street, P.O. Box 1953, South Bend, Indiana,
by Mr. John B. Ford, 1800 Valley American Bank Building, P.O. Box
4577, South Bend, Indiana, as Contact Person for this Petition, to
vacate the following property:
The west 116 feet of the first east /west alley north of
LaSalle Street, running between Notre Dame Avenue and Frances
Street
For your information, the Board of Public Works received favorable
recommendations from the Police Department, Fire Department,
Division of Sanitation, Legal Department, Division of Engineering
and the Area Plan Commission concerning this Petition. The Legal
Department advised that St. Joseph Hospital shall grant a Limited
Non - Exclusive Access Easement to affected property owners and also
shall grant a License Agreement to the City of South Bend for
access for public health and safety matters. Copies of the
Easement and License Agreement are.attached. Also, copies of the
recommendations received by the Board are attached.
Therefore, the Board of Public Works submits to the Common Council
a favorable recommendation concerning this vacation.
Sincerely,
�Soandra OF PUBLIC 7ee, S M. Parm Clerk
1308 County -City Building • South Bend, Indiana 46601 • 219/235 -9412
John E. Leszczynski James R. Caldwell Mary H. Mueller
JUN 07 "J-3 1b: 1C J1 HEb uL)t_h�.r iH F UKL HHNKUW LLW15 i-. 4
LIMITED NON - EXCLUSIVE
ACCESS EASEMENT
Saint Joseph's Medical Center, Inc., 801 East LaSalle
Street, South Bend, Indiana ("Grantor "), being the owner of that
portion of property commonly known as 312 North Notre Dame, South
Bend, Indiana, and more particularly described as follows;
A part of Lot 10 and the vacated alley south
of said Lot 10 in Dunn's Subdivision, City of
South Bend, Indiana, the plat of which is
recorded in Plat Book 9, Page 96, in the
office of the Recorder of St. Joseph County,
Indiana, described as followss
The north 22.00 feet of the south
28.00 feet of said Lot 10; the east
67.31 feet of the south 6.00 feet of
said Lot 10; and the vacated alley
north of the east 19.40 feet of Lot
7 in said Dunn's subdivision,
( "The Easement Parcel ") for and in consideration of the sum of One
and No /100 Dollars ( ;1.00) and other good and valuable
consideration, the receipt and sufficiency of which In hereby
acknowledged, hereby grants, dedicates and conveys a non - exclusive
limited access easement, for purposes of ingress, egress and
travel, limited to and for the use of the owners of record of the
following described property, and their tenants, invitees and
successors in interests
Lots 1, 2, 3, 4, 5, 6, 12 and 13 in Dunn's
subdivision, City of South Bend, Indiana, the
plat of which is recorded in Plat Book 9, Page
96, in the office of the Recorder of St.
Joseph County, Indiana,
over, along and across the Easement Parcel.
Grantor reserves to itself, and to its tenants, invitees,
guests, patients, visitors, employees, agents and successors in
interest all rights to use the Easement Parcel not inconsistent
with the limited rights granted herein.
Grantor shall maintain the Easement Parcel and keep the
same open and free from obstructions, but shall not be responsible
for any damage caused by the grantees, or their respective tenants,
Invitees, licensees or successors.
IN WITNESS WHEREOF, the undersigned has not its hand this
day of , 1993.
SAINT JOSEPH'S MEDICAL CENTER,
INC.
By.
Its
SAINT JOSEPH'S MEDICAL CENTER, INC. - Petition to Vacate west 116
feet of east -west alley
LIST OF PROPERTY OWNERS WITHIN 150 FEET
OF EXTERIOR BOUNDARIES
OF PROPERTY TO BE VACATED
Andrew Zywicki
Angell Real Estate Co.
325 North Frances
Post Office Box 98309
South Bend, Indiana 46617
Atlanta, Georgia 30359
Patrick O'Malley, M.D.
William C. Koehler
Suite 206
315 North Frances
105 Jefferson Centre
South Bend, Indiana 46617
South Bend, Indiana 46601
Kenneth L. Breen
Evelyn M. and John P. Frank
915 East LaSalle
917 East LaSalle
South Bend, Indiana 46617
South Bend, Indiana 46617
Patricia A. Larkin and
Patricia J. and Howard W. Sappington
John E. Larkin, Jr.
923 East LaSalle
919 East LaSalle
South Bend, Indiana 46617
South Bend, Indiana 46617
JUN Ue 'y.3 1b: 13 JUNtb UbUlk. -IIH t- UKD t-"3 QW LtWlb r, b
LICENSE AGREEMENT
Saint Joseph's Medical Center, Inc., 801 East LaSalle
Street, South Bend, Indiana ( "Licensor "), as the owner of that
portion of the property commonly known as 312 North Notre Dame
Avenue, South Bend, Indiana, and more particularly described as
follows:
A part of Lot 10 and the vacated alley south
of said Lot 10 in Dunn's Subdivision, City of
South Bend, Indiana, the plat of which is
recorded -in Plat Book 9, Page 96, in the
office of the Recorder of St. Joseph County,
Indiana, described as follows:
The north 32.00 feet of the south
28.00 feet of said Lot 10; the east
67.31 feet of the south 6.00 feet of
said Lot 10; and the vacated alley
north of the east 19.40 feet of Lot
7 in said Dunn's Subdivision,
( "Licensed Parcel "), for and in consideration of the sum of One and
No /100 Dollars ($1.00), and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, hereby
grants to the City of South Bend, Indiana, a license to use and
have access to the Licensed Parcel for public health and safety
matters.
Licensor reserves all rights to use the Licensed Parcel
not inconsistent with the limited rights granted herein.
Licensor shall maintain the Licensed Parcel and keep the
same open and free of obstructions, but shall not be responsible
for any damages caused by licensee, its employees, agents or
invitees.
IN WITNESS WHEREOF, the undersigned has set its hand this
day of , 1993.
SAINT JOSEPH'S MEDICAL CENTER,
INC.
By
Its
STATE OF INDIANA )
SS:
ST. JOSEPH COUNTY )
Subscribed and sworn to before me, a Notary Public in and
for St. Joseph County, Indiana, this day of ,
1993.
My Commission Expires:
THIS INSTRUMENT PREPARED BY:
Notary Public
A resident of St. Joseph County,
Indiana
JOHN B. FORD
Attorney at Law
1800 Valley American Bank Building
Post Office Box 4577
South Bend, Indiana 46634 -4577
J U1 9 U., "7.zi .. b -, 13 J UI'ito UkiL-i i f IN i r kA L, t I .. uww L--
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Subscribed and sworn to before me, a Notary Public in and
for St. Joseph County, Indiana, this day of ,
1993.
My Commission Expiress
Notary Public
A resident of St. Joseph County,
Indiana
THIS INSTRUMENT PREPARED BY: JOHN B. FORD
Attorney at Law
1800 Valley American Bank Building
Post Office Box 4577
South Bend, Indiana 46634 -4577
DRYWELL'• DATA
DRYWELL RIM ELEV.
#1 715.18
#2 715.97
#3 715.90
#4 715.59
#5 716.00
Lil
50' S0• 50, a
W '!
J \✓ / 726.15 ' 1 728.75 731.65 7 I 1
n FY
10 t5
14 ` -
Q (6 731.78
72516 7 .79 - >
o i g p Tn
W 00 20'
5 77
cli
ct
12 c3
T/C 721.49; ..
721.07 722.26 725.85 729.88
i 10 i, N : •F . .
1 ! 15 ^' \ 8
4 T C 720.67 ! `� 724.75 I
O' 720; 25 721.3 8
1 I
I
r ALLEY - TO BE CA p
725.25 '
5 Y�
9 8 No
it
i
8
719.18 723.15
Ila
O
718.30 N 0 722. 7
ci
12 I i
i
1.75' 20.5' -- 20' S '
8.75'
9 D.W. #3 No 13 I 1
g' I
0 71 .10 (TYP ) 10
-
66'- 20.67 O
D.W. #4 D.W. #2
• N �
> W. #5 N
-H V
T/C 715.82 D.W. #1 9 ! <r 16 T/C 72 .15 16 T/C 722.25
_ i
71 57 T/C /17.04' .716.07 V' 719.84 O
16
T/C 713.01 2 6 T/C 71 5.51 - T/C 719.28/1 2