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HomeMy WebLinkAboutVacate - 1st East West alley South of Western Ave running West from Main St t . • ORDINANCE No. 8125.90 Passed by the Common Council of the City of South Bend,Indiana_ - September 24, xq 90 Attest:. 4'4' ;11""'''''L' City Clerk IRENE K. GAMMON Attest: -/ President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ September 25, 90 IQ City Clerk IRENE K. GAMMON Approved and sired by me r 19 90 " G. Mayor ORDINANCE NO. 8125-90 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The 1st east-west alley south of Western Avenue, running west from MainStreet, for a distance of approximately 165 feet to the east line of the 1st north-south alley west of Main Street, all in Martin' s Addition. 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 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 1st east-west alley south of Western Avenue, running west from MainStreet, for a distance of approximately 165 feet to the east line of the 1st north-south alley west of Main Street, all. in Martin' s Addition. 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, 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 proprty may be inurously or beneficially affected by such vacating: The Owner SECTION IV. The purpose of the vacation of the real property is to: Use as parking. SECTION V. This vacation is subject to an appropriate easement agreement being approval by the City Engineering Department. SECTION VI . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ./4467v1.-w,1- Member of the on Co cil PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT THIS PERPETUAL NON-EXCLUSIVE EASEMENT AGREEMENT hereinafter called "Agreement" made and entered into this /3 day of August, 1991, by and between BRIARWOOD SOUTH BEND, an Indiana Partnership ("Grantor") and THE CITY OF SOUTH BEND ("Grantee"). WHEREAS, Grantor is the owner of certain real property located in the City of South Bend, County of St. Joseph, State of Indiana ("Parcel A"), which is more particularly described in Exhibit "A" attached hereto, and WHEREAS, Parcel A was an alleyway maintained by Grantee, and WHEREAS, Grantor obtained a vacation of the alleyway existing on Parcel A and as a condition of such vacation Grantor agreed to provide Grantee with a perpetual easement over, upon, along and across Parcel A for ingress and egress to and from Parcel A in order to provide access between Main Street and the first North-South Alley West of Main Street, South Bend, Indiana NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, and for good and valuation paid by each party hereto to the other, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed as follows: 1. Grantor does hereby grant and convey to Grantee, together with Grantee's successors, assigns, invitees, guests and licensees, a perpetual non-exclusive surface easement and right of way over, upon, along and across Parcel A for purposes of ingress and egress in order to provide Grantee with access between Main Street and the first North-South Alley West of Main Street, for both pedestrian and vehicular traffic. Grantee shall not do anything to impair, restrict, diminish or interfere with the rights of others to use and enjoy Parcel A. 2. Grantee agrees to indemnify and hold harmless Grantor for any loss, claim or cause of action including but not limited to costs and attorney fees arising out of Grantee's use of Parcel A. 3. The easement hereby created shall run with and be appurtenant to Parcel A. The easement shall be for the perpetual use, benefit and enjoyment of the Grantee and its successors, assigns, invitees, guests and licensees. 4. Grantor shall maintain and keep in good repair the easement granted herein. This instrument may be amended or modified only by mutual agreement extended by the parties or their respective successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, tenants, invitees, guests and licensees. 1 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. BRIARWOOD SOUTH BEND, an Indiana Partnership By i eze—ie.J STATE OF INDIANA ) )ss: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared BRIARWOOD SOUTH BEND, an Indiana Partnership, by Stephen A. Backer Partner, who after being first duly sworn, acknowledged the execution of the foregoing Perpetual Non-Exclusive Easement Agreement for and on behalf of said Partnership, and stated that the facts therein stated are true. WITNESS my hand and notarial seal this 13t)day of August 1991. LAatteA-- My Commission Expires: DOREEN M. 0 4-18-92 Notary ublic Resident of Marion County This instrument prepared by Stephen A. Backer, BACKER & BACKER, P.C., 101 W. Ohio, Suite 1500, Indianapolis, IN 46204, (317) 684-3000. 2 EXHIBIT A The 1st east-west alley south of Western Avenue, running west from Main Street, for a distance of approximately 165 feet to the east line of the 1st north-south alley west of Main Street, all in Martin's Addition. P€TITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE U �v OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION WITH YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The 1st east-west alley south of Western Avenue, running west from Main Street, for a distance of approximately 165 feet to the east line of the 1st north-south alley west of Main Street, all in Martin's Addition. NAME (printed and signed) ADDRESS LOT # Briarwood Development Co. / O.Box 1255 Thomas McCalley, Pr-sident qarmel IN 46032 IRENE GAMMON CONTACT PERSON: CITY CLERK ROOM 455 Name Cole Associates Inc. COUNTY-CITY BUILDING Address 2211 E. Jefferson Blvd SOUTH BEND, IN 46601 South Bend, IN 46615 Phone 219-236-4400 Attention: Mr. Roger Nawrot . The alley to be vacated is described as the first East-West alley South of Western Ave. located between Main St. and the first North-South alley West of Main St. , for a distance of approximately 165 feet .a width of approximately 14 feet. Part situated in Martin addition in the West half of the Southwest quarter of Sec. 12, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, In41 a. B-/2A 82 s •,4jc'l � � 44 ,?os pr , I et) ti . r O 0 1...... I., i 38 :3;1 .,� o • °° 1 ., -0555 �. o ,' T '' -053. �• 39 �� I. '• G5 , 1 ,�. 5 55 ,,.--3880 5 - ,�.. 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Kernan, Mayor \'% 1865 Board of Public Works August 21, 1990 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATIONS: 1ST N/S ALLEY WEST OF MAIN STREET 1ST E/W ALLEY SOUTH OF WESTERN AVENUE Dear Members of the Council: This is to advise you that the Board of Public Works, at their meeting held on August 20, 1990, conducted a Public Hearing concerning the Vacation Petitions submitted to vacate the following alleys: The 1st east-west alley south of Western Avenue, running west from Main Street, for a distance of approximately 165 feet to the east line of the 1st north-south alley west of Main Street, all in Martin' s Addition. AND The 1st north-south alley west of Main Street, running north from the north line of Monroe Street to the south line of the 1st east-west alley north of Monroe Street all in Martin' s Addition. Mr. Robert Richert, Branch Manager Acro Electronics, 412 South Lafayette Boulevard and Mr. Milton Ries, Ries furniture Company, Inc. , 432 South Lafayette Boulevard, were present and spoke against the vacation of the above referred to alleys. As neither the Petitioners or the Contract Person were present to address the Board concerning these vacations, the Board tabled the matter of submitting a recommendation to the Common Council until the Petitioners can be determined and the Board is so notified in order that a new Public Hearing date can be established. If you have any further questions regarding this matter, please do not hesitate to contact this office. B0•09 OF PUBLIC WO S FL Ail . U f/ / Sandra M. Parmerlee, Clerk 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys • 1,/% d Ij • �� d ; City of South Bend 111 W./4V Joseph E. Kernan, Mayor 1''11x.:'1865«. Board of Public Works September 11, 1990 MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION - 1ST E/W ALLEY SOUTH OF WESTERN AVENUE Dear Members of the Council: This is to advise you that the Board of Public Works, at their meeting held on September 10, 1990 , conducted a Public Hearing concerning the Vacation Petition submitted to vacate the following alley: The first East/West alley South of Western Avenue, running West from Main Street, for a distance of approximately 165 feet to the east line of the 1st North/South alley West of Main Street, all in Martin' s addition. Mr. Thomas McCalley, President, Briarwood Development Company, P.O. Box 1255 , Carmel, Indiana, Petitioner, was present and spoke in favor of the vacation. However, Mr. Robert Richert, Branch Manager, Acro Electronics, 412 South Lafayette Boulevard, South Bend, Indiana, and Mr. Milton Reis, Reis Furniture Company, Inc. , 432 South Lafayette Boulevard, South Bend, Indiana, were present and advised that they were opposed to the closing of this alley. After much discussion, it was agreed to by the Petitioner and Mr. Richert and Mr. Reis, that Briarwood Development Company would enter into some type of access or easement agreement with these businesses in order to allow them use of the alley for the loading and unloading of their trucks. A copy of the minutes of the Public Hearing is attached for your information. 1308 County-City Building • South Bend, Indiana 46601 • 219/284-9412 John E. Leszczynski Patricia E. DeClercq Katherine Humphreys MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS September 11, 1990 Page -2- Therefore, based on favorable recommendations received from the Area Plan Commission, Engineering Department, Fire Department and Department of Economic Development, the Board of Public Works submits a favorable recommendation on the vacation of the above referred to alley with the understanding that the above named parties, which are opposed to the vacation, will be provided with access easements and also subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS tjetilkAz\A-VX), 'PoJ'L/ .- Sandra M. Parmerlee, Clerk smp Enc.