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HomeMy WebLinkAboutVacate - First Noth?South Alley West of William St Extending North from the North Line Western Ave ♦ .'.' • • ORDINANCE No. 7868-88 Passed by the Common Council of the City of South Bend, Indiana May 9, Y9 88 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 10, rg 88 City Clerk IRENE K. GAMMON Approved and signed by me May 10 , ig 8 8 Mayor ,,- , • ORDINANCE NO. 7868-88 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF WILLIAM STREET, EXTENDING NORTH FROM THE NORTH LINE WESTERN AVENUE TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST/WEST ALLEY NORTH OF WESTERN AVENUE, BEING IN WILLIAM S. VAIL'S ADDITION TO THE TOWN (NOW CITY) OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 FIRST NORTH/SOUTH ALLEY WEST OF WILLIAM STREET, EXTENDING NORTH FROM THE NORTH LINE WESTERN AVENUE TO THE SOUTH LINE OF THE FIRST INTERSECTING EAST/WEST ALLEY NORTH OF WESTERN AVENUE, BEING IN WILLIAM S. VAIL' S ADDITION TO THE TOWN (NOW CITY) OF SOUTH BEND, ST. JOSEPH COUNTY, 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 2, 4, 5, 6, 9, 10, 11, and 12, all in William S. Vail' s Addition to the Town (now City) of South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: permit renovation and expansion of automobile dealership and repair facility and adjoining storage area. SECTION V. This vacation is subject to the requirements of the Engineering Department for dedication of right-of-way for an adequate turning radius. 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. 0 ot ' Membe of the Common Council PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE 3 -16, OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The 1st north-south ALLEY west of William Street, running north from Western Avenue, for a distance of approximately 199 feet to the South line of the first intersecting alley North of Western Avenue. ALL IN William S. Vail ' s Addition to the Town (now City) of South Bend, St. Joseph County, Indiana. NAME (printed and signed) ADDRESS LOT ## GMS REALTY, INC. 401 S. Lafayette 5, 6, South Bend, Indiana 10, 11, 46601 12 BY: / William C. Gates, President IRENE GAMMON CONTACT PERSON: CITY CLERK Name: C. Brian Sauers ROOM 455 Address : BARNES & THORNBURG COUNTY-CITY BUILDING 600 1st Source Center SOUTH BEND, IN 46601 100 North Michigan South Bend, IN 46601 Phone: (219) 233-1171 0049J 4 g 1165• L.L. c 8 396 n5.5• � �j°s T 115.5' /65' ■ 46 . JEFFERSON BLVD. 82.5' 221.4' 35•- 3S' }8A ,i6. • • �I ID 9 8 7 1 9 I 495' 34 131.0/' /65' .� JEFFERSON PL 9 I 3 97 221.4• ^6 :5 ( 413 I2 : 10 2 10 2 m7, a�' 7r 4,114- q3 2 I 398 z.442.e I I 3 I I 3 JIG 3278 48 - v 0 12 4 a q 12 4 z 399 •° 442.8' 14• Y a . ro res' '. 13 5 N �fi•A7�� ,4' 9 A' v 13 5 v 400 7 6 5 ,1 3. 2c.,r ' �' 6 a M 14 14 6 rz9 d:. .. .. .�so•c rls.s• ° 4 . 5 m 401 _ 0. ST. 40' : I5 7 q16 15 8 7 23./.4• 22r.4• , 8 `' - 402 . ■ wil ars' 07.25• 107.2.5"• F5' • rill a 4`VAY N E -� . 3 3q 9 S 1 .82.5' G 277.e' uS.s. r!*' V .� 4 1c5• 52 o0.. � 403 „"®Inif 22,.s 221.4 2 • = 18• to ° 7 a 3 19 404 J ea Q• >— w 4 . 5 20 405 (} 14� . _ _ Ti 7Tti a•' 4 a W4'6 %�'� J \� m o- 2 1 I 406 Cl. v 221.4' 22,4' b- 0 / vq .s77X 1` G 23 22- 407 LLI � � hlOa it ^. N2. '/ v ,, s• 4.' 49 a SO. st 408 ——— .L.--R N - - -- AV E. 82.5'-- h „9 115.5. • 1155' �$" v�/ /, 1 „a 2' ,65' • („ 9 I ,„/,,j*a 24 z. • 10 � 61 2 10 2 :1/-�. . 25 1I 3 II 3 .i7.1�'I. 26 I 62 �M • 12 4 12 4 /�' Q 27 63 Li v 13 Q 13 5jz,•!Q 28 I � �1 CO j/!J. — —1 , 6 4 v ›.. 14 Z 65 4S 14 6 '!i�._° 29 15 7 15 7 'I�/': 30 1 11- l6 8 a 1 6 8 /Lt./�" 6 6 I:5.5' 1,55• ' v 'US' 115.5• i J+ 31 L.1 165• _� MONROE ST. 82.5' U • r r�, 119 ( I 1,15 P ns' C { :.� rn o. 9 i ;I. 165' CITY of SOUTH BEND 4Tk� 'O:` /;� ..44„\ JOSEPH E, KERNAN, MAYOR 'w \ d I COUNTY CITY BUILDING SOUTH BEND. INDIANA 46601 BOARD OF PUBLIC WORKS May 3 , 1988 219/284-9412 John E.Leszczynski,President Patricia E.DeClerco Katherine Humphreys MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: ALLEY VACATION: 1ST N/S ALLEY W. OF WILLIAM ST. EXTENDING N. FROM NORTH LINE OF WESTERN AVENUE TO THE SOUTH LINE OF THE 1ST INTERSECTING E/W ALLEY NORTH OF WESTERN AVENUE 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 filed by Attorney C. Brian Sauers, Barnes and Thornburg, 600 1st Source Center, 100 North Michigan Street, South Bend, Indiana, on behalf of his client GMS Realty, Inc. , Mr. William C. Gates, President, 401 South Lafayette Boulevard, South Bend, Indiana, to vacate the following alley: The first north/south alley West of William Street, extending North from the North line of Western Avenue to the South line of the first intersecting East/West alley north of Western Avenue, being in William S. Vail' s Addition to the Town (now City) of South Bend, St. Joseph County, Indiana. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on May 2 , 1988. Attorney C. Brian Sauers was present on behalf of the Petitioner and spoke in favor of the proposed vacation. Mr. K.C. Pocius, 312 South Taylor Street, South Bend, Indiana, was also present at the meeting and had his concerns regarding the vacation of the alley addressed. MEMBERS OF THE COMMON COUNCIL Page -2- May 3 , 1988 Therefore, based on information received, the Board favorably recommends the vacation of the above referred to alley subject to the dedication of additional right-of-way to allow traffic to make a turn movement and subject to any and all utility easements. Sincerely, BOARD OF PUBLIC WORKS xfuolAa-ild (1°, Sandra M. Parmerlee, Clerk smp Enc. J B.DAVID HUNTINGTON AND ASSOCIATES. INC. March 23, 1988 Mr. C. Brian Sauers, Atty Barnes and Thornburg 100 North Michigan, Suite 600 South Bend, Indiana 46601 RE: Fair market value, that portion of a certain public alley lying between and adjacent to lots 6 and 12, Vail's Sub. of block 6 of the City of South Bend. (Between Williams and Taylor Streets, north of Western Avenue, South Bend, Indiana) Dear Mr. Sauers: At your request and pursuant to Section 18 Chapter 5 of the Municipal Code of the Civil City of South Bend, as amended by ordinance 7812-87, I have performed an appraisal of the above referenced real property which is comprised of a dedicated public alleyway lying between lots 6 and 12 and adjacent parcels in Vail's Subdivision of Block 6, South Bend, Indiana. This public alleyway was dedicated as part of the original plat described above and constitutes a 14 foot wide public access running northerly from Western Avenue to its intersection with the right-of-way of another public alleyway 14 in width running east and west between Williams Street and Taylor Street and bearing a northerly dimension of 198 feet by description as appearing in the Office of the Assessor, Portage Township, St. Joseph County, Indiana. The purpose of this letter is to set forth the Appraiser's estimate of the Fair Market Value of the fee simple interest in the real estate which consists of a publicly owned and accessible alleyway bearing described dimensions of 14 by 198 feet and excepting therefrom the rights and easements of all public 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, situated within the right- of-way thereof, unless and until such rights are released by the appropriate individual utilities and municipality. At present and by dedication easement, it would appear that the fee simple interest in and to the subject real estate vests in the municipal City of South Bend. It is the understanding of the appraiser that the property has been or is intended to be petitioned for vacation under and pursuant to City ordinance, presumably by the adjacent property owner(s) in order to eliminate traffic flow through the public alleyway and in order to conjoin the adjacent and contiguous parcels owned in the fee simple by the petitioner. Schedule A, attached hereto and made a part hereof by this reference, indicates the owners of record and the legal descriptions of the various parcels according to their tax key identification number as found in the Investment Analysis•Feasibility Studies•Market Analysis•Appraisals 1520 North Main Street•Mishawaka,Indiana 46545• (219) 255-2130 Mr. Brian Sauers March 23, 1988 Page Two records of the Office of the Assessor, Portage Township, South Bend, St. Joseph County, Indiana. Exhibit A, attached hereto and made part hereof by this reference, graphically illustrates the lot subdivision and ownership of the several parcels adjacent and contiguous to the subject of this appraisal. Substantial ownership of the half block bounded by William Street at the east, Western Avenue at the south, Taylor Street at the west and a public alleyway at the north appears to be vested in GMS Realty, Inc. , and/or Gates Realty, Inc. , each presumed, but not confirmed, to be subsidiary to and controlled by the presumed petitioner for vacation. As illustrated, there appears to be no adverse effect on the adjacent parcels with regard to public access and ingress and egress to the individual parcels with the exception of lot 4 (Key number 18-3012-0422) as shown on Exhibit A and as owned of record by Edward Kurowski, et al, comprised of a single residential lot bearing frontage dimensions along William Street of 49.5 feet by a depth of 115.5 feet extending westerly from William Street to the public alleyway which is the subject of this appraisal. It appears that the vacation of this alleyway would adversely effect ingress and egress to and from lot 4 (aka 323 South William Street) which contains a single family residence presently being offered for sale. Access to lot 4 would be limited by the vacation of this alleyway in that there is no curb cut along William Street allowing for entrance to that parcel. Accordingly, it appears that lot 4, but only lot 4, would be detrimentally affected by the closure and vacation of the South 198 feet of the public alleyway running northerly from Western Avenue since access would require trespass. The appraisal issue raised here is that of establishing the Fair Market Value of a parcel of property which, standing alone, is apparently enjoying its highest and best use as a public access alleyway. It is proposed however that this public access be eliminated by vacation and that the remaining property rights be vested in an entity other than the public domain. The issues of marketability and conveyability are beyond the scope of this appraisal assignment and accordingly, this appraisal ignores the issues of title and the requisite means of conveyance and instead relies upon the assumption of the ultimate conveyability of a marketable fee simple interest. The present configuration of the alleyway provides access northerly from Western Avenue alongside a brick commercial building at the east situated on the west 49.5 feet of lots 5 and 6 and the single family residence (323 South William Street) situated on lot 4. All other lots in the half block lying to the south of the east/west alleyway extending from William Street to Taylor Street in Block 6 are vacant lots upon which all structural improvements have been razed. This alleyway provides a 14 foot right-of-way together with and including certain public utility easements extending northerly a distance 198 feet for a total of 2,772 square feet. The establishment of the Fair Market Value Mr. Brian Sauers March 23, 1988 Page Three thereof depends not only on its present use, but upon available, reasonable and acceptable alternative uses permitted under the local building and zoning codes. Presently, this parcel and by itself is unusable for any alternative use involving the construction, erection or maintenance of any structure, the storage of materials or any use not related to the existing adjacent surrounding zoning and land uses. Accordingly, it is the opinion of this appraiser that the next highest and best use assignable to the subject property as an alternative reuse thereof is as parking area, drive or, in contemplation in the joining thereof with the adjacent property, as a building site. It is customary in both law and practice that in instances where municipalities, governmental agencies, public utilities, railroads, pipe- lines and other entities either vacate, abandon or any other fashion surrender their rights over, under, upon or across any given parcel of real property, the remainder rights to the real estate fall to the adjacent property owners, particularly in those instances where such municipality, government agency, railroad, utility or other entity willfully abandons its rights thereto. It is the opinion of the appraiser that the property should be, and it hereby is, appraised as though it were to be vacated, abandoned and surrendered by the City of South Bend on behalf of the public domain to the adjacent property owners and used in a manner similar to the uses now resident upon the adjacent lots. In the case of the subject, this adjacent use is principally as vacant land with regard to lots 9, 10, 11 and 12 and the south half of lots 2 and 3. With regard to lots 5 and 6 (particularly of the west 49.5 feet thereof) this use is as a commercial auto repair facility. With regard to lot 4 this adjacent use is as a single family residence and the property contained in the east half of the alley contiguous to lot 4 and contained between the westerly extended lot lines of lot 4 would be as a single family use.. The establishment of the Fair Market Value of the subject property then becomes that of comparing the sales of similar properties owned by the city of South Bend and sold from time to time at public sale by and through the Board of Public Works. In this particular instance,this value is derived without regard to the exclusion from the subject parcel of a portion thereof 7 feet wide and comprised of the northeast quarter of the proposed alley vacation. ( 7 feet by 99 feet). Instead, this appraisal establishes a value for the entire portion of the alleyway lying to the south of the right-of-way of the east/west alley (14 feet by 198 feet) containing some 2,772 square feet. The issue of adjacent property ownership, access, ingress and egress are ignored for purposes of this appraisal. This appraiser has since 1982, prepared diverse appraisals of property at multiple locations owned by the City of South Bend and through those appraisals has recognized the ultimate Fair Market Value at sale for such properties, typically residential in nature and typically located Mr. Brian Sauers March 23, 1988 Page Four in and near the center of the city, to range in price from approximately $0.3 per square foot to $.11 per square foot. Generally these properties are single family dwelling lots from which the residential dwelling units which at one time existed have been demolished and removed. The remaining lots are typically unusable for building purposes but are often added to the adjacent parcels for use in enlarging the size and utility of those parcels. The nature, utility and adaptability of public alleyways lying within the central business district of the city of South Bend are similar enough in terms of location, utility and adaptability to compare with these values. Therefore, in applying the values found consistently among properties similar to the subject, and in consideration of the commercial nature of the south half of the proposed alley vacation which herein is ascribed a value of $.22 per square foot combined with the value of the north half of the proposed vacated alley which herein is ascribed at a value of $.11 per square foot. It is the opinion of the appraiser that the Fair Market Value of the subject property is $.165 per square foot overall for a total of $ 457.38 or rounded, $ 460.00. This report is based upon my personal inspection of the subject property and was made subject to the following assumptions and limiting conditions: 1) No responsibily is assumed for matters which are legal in nature nor is any opinion of the quality of the title to be conveyed rendered. Title is assumed to be marketable in the fee simple. The value estimate is given without regard to any question about boundaries, title, encumbrances, easments, encroachments or other matters which may affect title and the appraiser assumes no liability therefor. 2) All information, comments and opinions rendered by the appraiser herein regarding location, neighborhood trends, customary uses, or any other data regarding the subject property appraised herein represent the view and opinion of the appraiser formed after an examination of the property and the pertinent documents. 3) The appraiser assumes to be reliable the information furnished by others but assumes no liability therefor and does not in any way, expressly or implicitly, warrant its accuracy. While it is believed the information, estimates and analysis rendered, and the opinions and conclusions drawn therefrom are correct and accurate, no warranty is given and the appraiser assumes no liability for errors or omissions of fact, analysis or judgment. 4) The appraiser has made no survey of the property and assumes no Mr. Brian Sauers March 23, 1988 Page Five responsibility in connection with such matters. No engineering study was undertaken in the course of this appraisal and no liability is assumed with regard to conditions relating to soil condition, subsurficial geology, subsurficial utilities or other undisclosed or unapparant conditions or uses of the land. Any legal description furnished the appraiser is assumed to be correct. The liability of the appraiser under this appraisal extends only to the correction of errors or omissions which may be discovered in the use of this document. 5) The attached documentation, including a plat drawing showing the subject and the schedule indicating the adjacent property owner- ship are derived from the Assessor's record of adjacent properties and are made in the integral part of this appraisal. I hereby certify that I have made a personal inspection of the subject property and that the value established herein for said property has not been and is in no way influenced by individuals other than the appraiser and I hereby certify that the fee paid me for the preparation of this report is in no way contingent upon the value determined herein. I further certify that I am a Real Estate Broker duly licensed by the State of Indiana to practice the brokerage and appraisal of real property. Should you have and questions, comments or remarks relative to the information contained hereilease contact me directly. Sincerely, B. DAVID HUNTINGTO AND ASSOCIATES, INC. / r Bruce D. Huntington, P s. Appraiser cc: Mrs. Irene Gammon, Clerk, City of South Bend Ms. Sandra Parmerlee, Clerk, Board of Public Works BDH/kcw Schedule A Adjacent Lot Ownership All descriptions are in Vail's Subdivision, Block 6, City of South Bend. k.'eY # Owner of Record Description 18-3012-0412 GMS Realty, Inc. Lot 2 ex 2'9. Side, Vail's 18-3012-0413 GMS Realty, Inc. 2'S. Side Lot 9 and 24'10" N. Side Lot 10 18-3012-0414 GMS Realty, Inc. 24'8" S. Side Lot 10 and 1 1/3' N. Side Lot 11 18-3012-0415 GMS Realty, Inc. 38' mid pt. PLE, S.Cor, Lot 11 18-3012-0416 GMS Realty, Inc. Lot 11 Ex. NW PL, all Lot 12 18-3012-0421 Clifford E. Shaw 3 rods S. East each Lots 1/2, et al 2 and 3 18-3012-0422 Edw. Kurowski, et al Lot 4 18-3012-0424 GMS Realty, Inc. Lot 5 and W. 49.5' Lot 6 18-3012-0425 GMS Realty, Inc. 66' East End Lot 6 Exhibit "A" Contiguous Parcels and Subject Alleyway • +� 4-) d-) o - , 115.5' , t . , , A v F" N 9 -0412 Pt -0421t. 3- Shaw, et al 2 57 ft -0413 lleyway Proposed for Vacation h 10 -0414 4 -0422 = 1.671*— -- -_— 4 Kurowski, et al 11 -0410 - 38' ,___7112 _L 37. '' ' 5 -0424 10.17' ; ; � 1 44 Unless otherwise indicated all d 12 -0416 P4 6 -04251 " �a, ownership is GMS Realty or• Gates Realty, Inc Western Avenue