Loading...
HomeMy WebLinkAboutVacate - East Sorin St West of N Niles Ave, Neddo Ct North of E Sorin St ORDINANCE No. 8270-92 Passed by the Common Council of the City of South Bend, Indiana June 8, 92 19 Attest: ` `-`Q"--"'- City Clerk IRENE K. GAMMON Attest: 7 -1, • `'` ----k- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 9, 92 Ig City Clerk IRENE K. GAMMON Approved and signed by me June 10 Ig 9 2 Mayor SECOND SUBSTITUTE BILL NO. 26-92 ORDINANCE NO. Sic 70 - PA AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY East Sorin St. West of N. Niles Ave. ; Neddo Court North of East Sorin Street to a point approximately 66 feet South of the North Right-of-Way Line of the First East-West Alley North of E. Sorin Street; Neddo Court North of the First East-West Alley North of East Sorin Street to the South Line of the Next East-West Alley North. 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 alleys and street to be vacated are described as E. Sorin Street from the west right-of-way line of North Niles Avenue running West to the St. Joseph River; and Neddo Court, from the North Right-of- Way Line of East Sorin Street to a point approximately Sixty-Six feet (66' ) South of the North right-of-way line of the first East- West Alley North of East Sorin Street; and Neddo Court, from the North right-of-way line of the first East-West alley north of East Sorin Street to the South right-of-way line of the Second East-West alley north of East Sorin Street. Parts located in Coquillard's First Addition in the City of South Bend, Indiana. 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: Lots Numbered 1, 2, 3, 4, 5 and 9 in Coquillard's 1st Addition, and Lots Numbered 1 and 2 in Cottrell's 2nd Addition, to the City of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Permit development of adjacent property for use in conjunction with Madison Hospital. SECTION V. Petitioner will grant the City of South Bend an easement across Petitioner's property for walkway access from a river walk which may be constructed by the City, to Niles Avenue, with the exact location of the walkway easement to be determined at a later time by mutual agreement between the Petitioner and the City. SECTION VI. This ordinance shall be in full force and effect CONSENT Madison Center, Inc. , in consideration of the approval by the City of South Bend of the vacation of a portion of East Sorin Street, from Niles Avenue to the St. Joseph River, and a portion of Neddo Court north of said street for approximately One Hundred Thirty-two. feet (132 ' ) , hereby consents and agrees to convey to the City a fourteen foot ( 14 ' ) easement for public walkway purposes across the northernmost portion of its lot in the City of South Bend, St. Joseph County, Indiana, designated as Key No. 18-5038 1326 . Such conveyance is subject to the condition that the City will not remove the three large trees on the north side of said lot and will protect said trees during the construction of the pedestrian walkway: Provided, however, that Madison Center agrees that should the location of such trees result in the City' s inability to utilize said easement for a public walkway, it will either grant an additional easement area to allow the completion of the walkway, or it will allow the removal of one or more trees. Madison Center, Inc. , also agrees to provide a permanent, unlocked, gated opening in its fence between the proposed riverside pedestrian walkway and the undersigned' s northern parking lot, which opening will be used for pedestrian access and egress to and from the riverside pedestrian walkway. The location of such opening will be designated by the City at the time of construction of the fence by Madison Center, Inc. , but will not be so placed as to jeopardize Madison Center' s security. The City will be solely responsible for construction, maintenance and repair of the pedestrian walkway easement area, and the City will indemnify Madison Center, Inc. , against claims, liabilities and damages arising from or related to use of the easement area, except for interTtional acts or gross negligence of Madison Center, Inc. Executed this 7th day of July , 1992 . MADISON CENTER, INC. By: (iN. Daniel B. Fitzpatrick President , Board of Directors CBS01163 � tJ't ti. 9 x.21.122 CONSENT The undersigned property owners, in consideration of the approval by the City of South Bend of the vacation of a portion of E. Sorin Street, from Niles Avenue to the St. Joseph River, hereby agree to convey to the City a fourteen foot ( 14 ' ) easement for public walkway '- purposes across the northernmost portion of their lot designated as Key No 18-5038-1327 . In addition, the undersigned consent and agree r that the first East-West alley North of Sorin Street and West of Niles Avenue and a sixty-six foot ( 66 ' ) portion of Neddo Court South of said alley, may be utilized by the City as a public walkway. It is understood that the public walkway may be constructed as early as ;..; the Spring of 1993 , and that, thereafter, the alley and portion of k.: 1 Neddo Court described above will not be available for vehicular use. 4 E cuted this , �L day of A7 , 1992. -a-. 4 4 G:: ` , , 1►r t ,,,,.- es Ba =r _ ...,-,3 le4P. , f/ - ,..... - . • e•h� ne Bamber State of Indiana St. Joseph County Before me, the undersigned, a Notary Public in and for said County and State, personally appeared James Bamber and Josephine Bamber and acknowledged the execution of the foregoing Consent on this 40-1/1 day of /91 AY Y' , 1992. -1 - ' f'-- - J./ 1 . , k 3tL-,,,i- ,51: -565 f'H es:i . `k,'- (Typed or Printed Name)•z. . �r mm .ss .on Expires:,, ti ' Y.., , . - i1. 9....„ ' .LM CC3 iw+. NSENT A This instrument was prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County-City Building, South Bend, IN 46601 . , 9221123 CONSENT The undersigned co-trustees of the Bert Liss Trust , which trust includes a parcel of real estate in the City of South Bend, St. Joseph County, Indiana, designated as Key No. 18-5038-1325, and the undersigned tenant of said parcel hereby consent and agree that the first east-west alley north of Sorin Street and west of Niles Avenue and a sixty-six foot ( 66" ) portion of Neddo Court south of said alley may hereafter be utilized by the City as a public walkway. It is understood that the public walkway may be constructed as early asdthe Spring of 1993, and that, thereafter, the alley P Court described above will not be available for vehicular use. Executed this - ?Z`� day of May, 1992. YELLOW CAB CO. SOCIETY BANK By % � �� t B i Mike Liss Hal Clevenger Tenant /4,� . / Ma lyn B own . +-trustees of th Co Ber Liss Trust / , STATE OF INDIANA ) SS; COUNTY OF ST. JOSEPH ) Subscribed and sworn to before me, a Notary Public in and for said ' County and State, this � -— day of May, 1992. ,a y >_ y '7 Notary Public E ► t./ ":, �, � ....... �i� Residing in St. Joseph Co. , Indiana 'Iy;.,Comm;ssion Expires: - *:; it> DONNA M. ti '`'- ��', ;�. _;y Fubic r'+ •..:.. s- , i. A Resident of St. .iosep ;-Ity, IN 1-LD P ' i- 1 A'•.'.: :i; My, Commission Expires November 8, 1993 BPW3/LISSCON c.,: r This instrument was prepared by Mary Hall City Attorney, 1400 County-City Building, aXGrea.0._12 ,e■7 SECOND AMENDED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE RI 2'2 1992 OF THE CITY OF SOUTH BEND INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE STREETS DESCRIBED AS: EAST SORIN STREET, FROM THE WEST RIGHT-OF-WAY LINE OF NORTH NILES AVENUE, RUNNING WEST TO THE ST. JOSEPH RIVER, FOR A DISTANCE OF APPROXIMATELY 330 FEET;NEDDO COURT,FROM THE NORTH RIGHT-OF-WAY LINE OF EAST SORIN STREET TO A POINT APPROXIMATELY SIXTY-SIX FEET(66')SOUTH OF THE NORTH RIGHT-OF-WAY OF THE FIRST EAST-WEST ALLEY NORTH OF EAST SORIN STREET;AND NEDDO COURT,FROM THE NORTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY NORTH OF EAST SORIN STREET TO THE SOUTH RIGHT-OF-WAY LINE OF THE SECOND EAST-WEST ALLEY NORTH OF EAST SORIN STREET. WE HEREBY FILE THIS SECOND AMENDED PETITION TO SUPERSEDE AND REPLACE THE AMENDED PETITION FILED ON MAY 6, 1992. NAME (printed and signed) ADDRESS LOT # MADISON CENTER, INC. 403 East Madison Part of 9 of Coquillard's 1st Addition South Bend, IN 46617 1 and 2 in Cottrell's 2nd Addition BY 9, } _f Key ## 18-5038-1326 IT : ✓ 1G 18-5038-1328, 18-5022-0759 BERT AND ETTA LISS TRUST 4, 5 and Part of 9 of DATED APRIL 30, 1985 Coquillard's 1st Addition Society Bank, Co-Trustee Key ## 18-5038-1334, 18-5038-1336 BY: .4iri' , ,��/ 18-5038-1335,18-5038-1333,18-5038-1132 TITLE: Trust Officer 18-5038-1324, 18-5038-1325, BY: / Marilyn c rown, C.-Trustee CONTACT PERSON: IRENE GAMMON Name C. Brian Sauers, Esq. CITY CLERK Address Barnes&Thornburg ROOM 455 600 1st Source Bank Center COUNTY-CITY BUILDING 100 North Michigan SOUTH BEND, IN 46601 South Bend, IN 46601 Phone (219) 233-1171 -0UT11 x,. 1865 City of South Bend Joseph E. Kernani. May or Department of Law Richard A. Nussbaum, 11, City Attorney December 14, 1993 Bruce R. Bancroft, Esq. Barnes & Thornburg 600 1st Source Bank Center 100 North Michigan Street South Bend, Indiana 46601 Re: Madison Center Walkway Easement Dear Bruce: I received a call from the City Clerk's Office last week relative to the finalization of the Sorin Street / Neddo Court vacation for Madison Center. The Clerk's Office indicated that they were holding the final filings for the vacation until the walkway easement had been obtained from Madison Center. I thought that the walkway easement had been finalized sometime ago, but in checking my file I do not see any correspondence to you in response to your letter to me of June 16, 1993, transmitting the proposed form of the walkway easement. I also do not see a copy of the executed easement in my file. Accordingly, in response to your letter of June 16, 1993, relative to the proposed Madison Center walkway easement, I would note that the legal description sets out exactly what is required by the City to permit access to the River walkway from Niles Avenue via a pedestrian alleyway and a portion of Neddo Court that was not vacated. The fourth full paragraph on page two of your proposed easement should be deleted, however, since that provision related to a portion of the walkway easement that was previously conveyed. Other than the deletion of the one paragraph set out above, the easement is acceptable to the City. Please send the 1400 County -City Building • South Bend, Indiana 46601.219/235 -9241 • TDD (219) 235 -5567 I "honors L. Boelnar John G. Broden Anne E. Bruneel Aladean M. DeRose Jeffrey M. Jankowski .fenny Pitts Manier Mary Hall Mueller Robert C. Rosenfeld Bruce R. Bancroft, Esq. December 14, 1993 Page 2 executed copy to my attention at your convenience. I will then notify the City Clerk's Office that they may finalize the Sorin Street /Neddo Court vacation. Please let me know if you have any questions or comments. Thank you for your patience and continued cooperation in this matter. Very truly yours, Mary' _ Hall Mueller Assistant City Attorney MHM \sb cc: Jo Ann Harper lbancroft.mhm z City of South Bend �l.• ?.a Joseph E. Kernan, Mayor "1865` Board of Public Works June 8, 1992 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County -City Building, 4th Floor South Bend, Indiana 46601 RE: VACATION OF SORIN STREET /NEDDO COURT Dear Members of the Council: In accordance with Municipal Code Section 18 -53.8, a favorable recommendation is being submitted to you concerning the Second Amended Vacation Petition as filed by Mr. C. Brian Sauers, Esq., Barnes & Thornburg, 600 1st Source Bank Center, 100 North Michigan Street, South Bend, Indiana, on behalf of Madison Center, Inc., 403 East Madison, South Bend, Indiana, and Bert and Etta Liss Trust, Society Bank, Co- Trustee, to vacate the following property: East Sorin Street, from the west right -of -way line of North Niles Avenue, running West to the St. Joseph River, for a distance of approximately 330 feet; Neddo Court, from the north right -of -way line of East Sorin Street to a point approximately sixty -six feet (661) South of the North right -of -way of the first east -west alley North of East Sorin Street; and Neddo Court, from the North right - of -way line of the first east -west alley North of East Sorin Street to the South right -of -way line of the Second east -west alley North of East Sorin Street. For your information, the Board of Public Works, at their meting held today, received favorable recommendations regarding this vacation from the Fire Department, Police Department, Department of Economic Development, Area Plan Commission and the Engineering Department. The Department of Economic Development submitted a favorable recommendation with the provision that Madison Center provide to the City a fourteen foot (141) Easement for a walkway across Madison -Center's northernmost portion of its Lot No. 18- 5038 - 1326. 1308 County-City Building South Bend, Indiana 46601 219/284 -9412 John E. Leszczynski James R. Caldwell Mary H. Mueller MEMBERS OF THE COMMON COUNCIL June 8, 1992 Page -2- Therefore, based on this information, the Board of Public Works submits to the Common Council a favorable recommendation on the above referred to vacation subject to any and all utility easements and subject to the City receiving the required Easement from Madison Center as mentioned above. Sincerely, BOARD OF PUBLIC WORKS Sandra M. Parmerlee, Clerk smp Enc. n 24, 1992 Y Alley Vacation Board of Public Works 1/'1316 County -City Building South Bend, IN 46601 The alleys and street to be vacated are described as E. Sorin Street from the west right -of -way line of N. Niles Ave. to the St. Joseph River; the first and second east -west alleys south of vacated Hagerty Street, from the west right -of -way line of N. Niles Ave. to the east right -of -way line of the first North -South alley west of N. Niles Ave.; and the first north -south alley west of N. Niles Ave., from the north right -of -way line of E. Sorin St. to the north right -of -way line of the first east -west alley south of vacated Hagerty Street. Parts located in Coquillard's First Addition in the city of South Bend, Indiana. P1.1346 - -PP. 1.75 s i r .. 13 9 -�oG 193 s + (Cv I '7 n N Z) Xj 15 � 503 -•- --392 - . 1334 ��1350 N � V, U s r 3� /. 1w 45 �7 134p , / •/34(- /W 5 v 258.oce AA nw _ /V_ -- - -i370 1. � -/37,F �, 1 ,./3 I /0 CD ��\ o `. %- 0793 ,\ 6-o7�Y .A 3-079;, r 0799 . C 71/ ? -- �— oD ✓ �„ �,, Tomnti##rr (To tot f9ommon (101=1[ of t4r (pity of #Wd4 wrtnd: Your Committee of the Whole to whom was referred BILL NO. 26 -92 SECOND READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST SORIN ST. WEST OF N. NILES AVE.; NEDDO COURT NORTH OF EAST SORIN STREET TO A POINT APPROXIMATELY 66 FEET SOUTH OF THE NORTH RIGHT —OF —WAY LINE OF THE FIRST EAST —WEST ALLEY NORTH OF EAST SORIN STREET; NEDDO COURT NORTH OF THE FIRST EAST -WEST ALLEY NORTH OF EAST SORIN STREET TO THE SOUTH LINE OF THE NEXT EAST —WEST ALLEY NORTH. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Ann Puzzello Chairman FREE PRE83 041,03NO PUBLISHING CO.