HomeMy WebLinkAboutVacate - 212 feet of the first North South Alley East of Michigan running between Navarre & Marion St & first East West alley North of Marion t--r
ORDINANCE No. 7922-88
Passed by the Common Council of the City of South Bend, Indiana
October 10 , iq 88
Attest:`� � `y`- ~� City Clerk
IRENE K. GAMMON
Attest: .0- _.. j_.-1 %� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
October 11, �9 88
City Clerk
IRENE K. GAMMON
Approved and signed by me October 12 , 198 8
Or704- Mayor
a
ORDINANCE NO. ri ct a a -FS K
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
North Two Hundred Twelve (212) feet of the first North South
Alley East of Michigan running between Navarre and Marion
Streets.
ALSO, the East One Hundred Sixty-Five (165) feet of the first
East West alley North of Marion running between Michigan and
St. Joseph Streets. All being in the original Plat of the City
of South Bend, Indiana.
Permit the construction of Day-Care Center
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:
North Two Hundred Twelve (212) feet of the first North South
Alley East of Michigan running between Navarre and Marion
Streets.
ALSO, the East One Hundred Sixty-Five (165) feet of the first
East West alley North of Marion running between Michigan and
St. Joseph Streets. All being in the original Plat of 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 that
rights and easements of all utilities and the Muncipal 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 4, 5, 6, & 7
Rochstroh' s Subdivision; Lots 121, 122, 123, 124, 125, 126, 127 ,
128 & 129 as in original Plat of City of South Bend.
SECTION IV. The purpose of the vacation of the real
property is to:
Permit construction of a Day-Care Center.
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.
41111 ,
c M ,BER OF THE COMMON COUNCIL
t
PETITION FOR VACATION OF ALLEY
TO: South Bend Common Council
County-City Building
South Bend, Indiana 46601
IN RE: Memorial Health Properties, Inc. and the City of South Bend,
Indiana for the use and benefit of the South Bend Economic
Development Commission - Vacation of Alleys
Petitioner says:
1. He is the attorney of record for the Petitioners, which
are Memorial Health Properties, Inc. , 6th Floor, 205 W. Jefferson
Blvd. , South Bend, IN 46601 and the City of South Bend, Indiana for
the use and benefit of the South Bend Economic Development
Commission, County-City Building, South Bend, Indiana.
2. The Petitioners, the owners of 100% of the adjoining
property petition you to vacate the following alleys:
a. (See Exhibit 1 attached) , and
b. (See Exhibit 2 attached) .
3. Accompanying this petition are the following:
a. A check in the amount of $150.00 to cover the
costs of advertising and recording.
b. A list of all property owners within three
hundred (300) feet of the proposed vacated alleys together with two
sets of certified, stamped and addressed envelopes for each property
owner.
c. A written appraisal report stating the
properties ' fair market value.
d. A check in the amount of $785.00, representing
the fair market value of the alleys to be vacated.
4. The reason for the proposed vacation is to permit the
construction of a day-care center.
5. The Economic Development Commission of the City of South
Bend, Indiana has endorsed its approval below.
..
t
t Y
WHEREFORE, Petitioners pray for the vacation of the
above-described Alleys and for all other proper relief.
Respectfully submitted,
-- /4e
JO' PH . AMARAL
torney for the Petitioners
Approved by the Economic Development Commission of the City
of South Bend this 16th day of September, 1988 .
ATTEST:
l Ilk n
Secretary President
Vice-President
MEMBERS:
CONTACT PERSON:
JOSEPH L. AMARAL
Hammerschmidt, Bonewitz,
Amaral & Jonas
Suite 204, 205 W. Jefferson Blvd.
South Bend, Indiana 46601
(219) 282-1231
•
PARCEL V
DESCRIPTION
A parcel now being used as a public alley, located in the East Half (E 1/2) of
the Southwest Quarter (SW 1/4) of Section One (1) , Township 37 North, Range 2
East, Portage Township, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the intersection of the western right-of-way line of a public
street (now known as St. Joseph Street) and the northern line of Lot Number
(3) as shown on the recorded Plat of Rockstroh's Subdivision of Lots Numbered
(42) , (43) , (44) and (45) in Rockstroh' s Second Addition to the City of South
Bend, in St. Joseph County, Indiana; thence Southerly a distance of 118 feet
along said western right-of-way line to the southeastern corner of Lot Number
(7) as shown on said recorded plat, said corner being the Point of Beginning
of this description; thence Westerly a distance of 165 feet along the southern
line of said Lot Number (7) , to the southwestern corner of said Lot Number
(7) , thence Southerly a distance of 14 feet along the Southerly projection of
the western line of said Lot Number (7) , to the northwestern corner of Lot
Number (121) of the Original Plat of the town, now City of South Bend, in St.
Joseph County, Indiana; thence Easterly a distance of 165 feet along the
northern Line of said Lot Number (121) , to the northeastern corner of said Lot
Number (121) , said corner being on the western right-of-way line of a public
street (now known as St. Joseph Street) ; thence Northerly a distance of 14
feet along said western right-of-way line, to the Point of Beginning of this
description and containing 2,310 square feet, more or less.
I, Rollin E. Farrand, Sr. , being a Registered Land Surveyor, in the State of
Indiana, do hereby certify that I have supervised the preparation of the above
description and plat and that to the best of my knowledge, the plat shown
here on is a correct representation of said description.
COLE ASSOCIATES INC.
2211 EAST JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46615
e,zl fVidAh`ld 9' ?. YR
wollin E. Farrand, Sr. Date
Registered Land Surveyor
State of Indiana No. 09943
EXHIBIT # 1
- PARCEL VI
DESCRIPTION
A parcel now being used as a public alley, located in the East Half (E 1/2) of
the Southwest Quarter (SW 1/4) of Section One (1) , Township 37 North, Range 2
East, Portage Township, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the intersection of the western right-of-way line of a public
street (now known as St. Joseph Street) and the northern line of Lot Number
(1) as shown on the recorded Plat of Rockstroh's Subdivision of Lots Numbered
(42), (43) , (44) and (45) of Rockstroh's Second Addition to the City of South
Bend, in St. Joseph County, Indiana; thence Westerly a distance of 165 feet
along the northern lines of Lots Numbered (1) , (4) and (5) respectively of
said recorded plat, to the northwestern corner of said Lot Number (5) , said
corner being the Point of Beginning of this description; thence Southerly a
distance of 110 feet along the western line of Lot Number (5) of said
Rockstroh's Subdivision, to the southwestern corner of said Lot Number (5) ,
said corner also being on the northern line of an East-West public alley, the
centerline of which is located Southerly a distance of 156.25 feet from the
centerline of a public street (now known as Navarre Street); thence Southerly
a distance of 10 feet along the Southerly projection of the western line of
said Lot Number (5) , to the northwestern corner of Lot Number (6) of said
Rockstroh's Subdivision, said corner also being on the southern line of said
public alley; thence Southerly a distance of 78 feet along the western lines
of Lots Numbered (6) and (7) respectively of said Rockstroh's Subdivision to
the southwestern corner of said Lot Number (7) ; thence Southerly a distance of
14 feet along the Southerly projection of the western line of said Lot
Numbered (7) , to the northwestern corner of Lot Number (121) of the Original
Plat of the town, now City of South Bend, in St. Joseph County, Indiana;
thence Westerly a distance of 14 feet along the Westerly -projection of the
northern line of said Lot Number (121) , to the northeastern corner of Lot
Number (126) of said Original Plat of South Bend; thence Northerly a distance
of 14 feet along the Northerly projection of the eastern line of said Lot
Number (126) to the southeastern corner of Lot Number (127) of said Original
Plat of South Bend; thence Northerly a distance of 198 feet along the eastern
lines of Lots Numbered (127) , (128) and (129) respectively, of said Original
Plat of South Bend, to the northeastern corner of said Lot Number (129) ;
thence Easterly a distance of 14 feet along the Easterly projection of the
northern line of said Lot Number (129) , to the Point of Beginning of this
description and containing 2,968 square feet, more or less.
I , Rollin E. Farrand, Sr. , being a Registered Land Surveyor, in the State of
Indiana, do hereby certify that I have supervised the preparation of the above
description and plat and that to the best of my knowledge, the plat shown
here on is a correct representation of said .description.
COLE ASSOCIATES INC.
2211 EAST JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46615
7�� / 9. 7.41e9
Rollin E. Farrand, Sr. Date
Registered Land Surveyor
State of Indiana No. 09943
EXHIBIT #2
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s
J B.DAVID
HUNTINGTON
▪ AND ASSOCIATES, INC. r
September 14, 1988
Mr. Carl Ellison, Asst. Vice President
Memorial Health Properties, Inc.
615 North Michigan Street
South Bend, Indiana 46601
RE: Fair Market Value, those certain public alleyways lying adjacent
to and north of Lot 121, and east of Lots 127, 128, 129, Original
Plat, South Bend, Indiana
Dear Mr. Ellison:
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 portions of two dedicated public alleyways lying north of and
adjacent to Lot 121 and east of and adjacent to Lots 127, 128, and 129 of
the Original Plat of South Bend. That portion of the alleyway lying north
of Lot 121 shall hereinafter be referred to as the east/west alley and that
portion lying east of Lots 127, 128, and 129 shall hereinafter be referred
to as the north/south alleyway. The east/west alleyway appears to have
been part of the original dedication of the Original Plat of South Bend and
constitutes a 14' wide public access extending westerly from St. Joseph
Street to its intersection with the north/south alleyway, also 14'
in width extending southerly from Navarre Street to its intersection with
the public alleyway described above.
For purposes of this appraisal, the east/west alleyway provides a platted
dimension of 14'x 165' while the north/south alley extending southerly from
Navarre Street provides a platted dimension of 14'x 212' , less a 7'x 7'
portion of alleys vacated previously by vacation ordinance #33351. The
aggregate area of the two alley sections exclusive of that section
comprised of the previously vacated alleyways is 5,229 square feet, more or
less, by description as appearing on the Plat thereof 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 two sections of publicly owned and accessible alleyways as
described hereinbefore and excepting therefrom the rights and easements of
all public utilities and of the Municipal City of South Bend, Indiana, to
construct and maintain any facilities, including but not necessarily
limited to the following: electric, telephone, gas, water, sewer, surface
water control structures and ditches, situated in the right-of-way thereof,
unless and until such rights are released by the appropriate individual
public utilities and the 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.
Investment Analysis•Feasibility Studies•Market Analysis•Appraisals
1520 North Main Street•Mishawaka,Indiana 46545• (219) 255-2130
•
It is the understanding of the appraiser that the property has been or is
intended to be petitioned for vacation under and pursuant to the appropriate
City Ordinance, and it is presumed that the petitioner is Memorial
Health Properties, Inc. , an Indiana Corporation or a related entity. It
has been indicated to this appraiser that the purpose of this vacation
petition is to enlarge the present property holdings of Memorial Health
Properties, Inc. , and to terminate the rights of public access over and
across the real estate proposed for vacation.
Schedule A, attached hereto and made a part hereof by this reference,
indicates the owners of record and legal descriptions of the various
parcels affected by this proposed vacation according to their tax key
identification number and as found in the records of the Office of the
Assessor, Portage Township, St. Joseph County, Indiana. Exhibit A,
attached hereto and made a part hereof by this reference graphically
illustrates the subject of this appraisal. Exhibit A also graphically
illustrates the lot subdivision and owners of the several parcels
contiguous to the subject of this appraisal.
As illustrated in Exhibit A and as shown in the attached photographs, there
appears to be no adverse effect on the adjacent parcels with regard to
public access and ingress and egress to the individual parcels from that
portion of the alley extending westerly from St. Joseph's Street as
properties lying to the north and the south and adjacent to this alleyway
are owned by the petitioner. There further appears to be no adverse impact
on properties lying adjacent to and east and west of the north/south
alleyway as, in this instance as well, the adjacent property is owned by
Memorial Health Properties, Inc. , the presumed petitioner. At present, no
public access other than street frontage access is provided to any property
in that block bounded by Michigan Street at the west, Navarre Street at the
north, St. Joseph's Street at the east and Marion Street at the south which
may be owned by parties other than Memorial Health Properties, Inc.
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
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 disregards the issues of title
and the requisite means of conveyance and instead relies upon the assumption
of the ultimate conveyability of the marketable fee simple interest.
The establishment of the Fair Market Value 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, these
parcels, of and by themselves, are 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 an 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 a parking area, drive, or, in contemplation of the adjoining thereof
with the adjacent property, as a building site.
k..
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 in 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 equally to the
adjacent property owners, particularly in those instances where such
municipality, government agency, railroad, utility or other entity
willfully abandons their rights thereto. In this particular instance, the
petitioner enjoys fee simple ownership of all properties adjacent to the
subject alleyways and accordingly, it is seeking the conveyance of fee
simple ownership of the entire vacated parcels. The establishment of the
Fair Market Value of the subject becomes that of comparing the sale 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. The effort
in this appraisal is to establish a value for the entire portion of the
alleyway as shown in the attached documentation which consists of a total
area of 5,229 square feet. This appraiser has, since 1982, prepared
diverse appraisals for property at multiple locations owned by the City of
South Bend and sold through the Board of Works. Through this appraisal
process the appraiser has recognized the ultimate Fair Market Value at sale
for such properties, typically residential in nature and typically located
in or near the center of the City, to range in price from approximately $
are single family dwelling lots from which the residential dwelling units
have been removed. The remaining lots are typically unusable for building
purposes but are often added to one of the adjacent parcels for use in
enlarging the size and utility of those parcels. In the opinion of the
appraiser, the nature, utility and adaptability of public alleyways lying
within the older platted areas of the City of South Bend are similar enough
in terms of location, utility and adaptability to compare with these
values.
Accordingly, in applying the values found consistently among properties
similar to the subject, and in consideration of the commercial nature of
the alleys proposed for vacation extending westerly from St. Joseph's
Street and southerly from Navarre Street, it is the opinion of the
appraiser that the Fair Market Value of the subject of this appraisal is
$.15 per square foot for a total of $ 784.35 or, rounded, $ 785.00.
This report is based upon my personal inspection of the subject property,
my general experience and familiarity with similar parcels, and is made
subject to the following Assumptions and Limiting Conditions:
1) No responsibility 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 absolute. The value estimate is given without regard to any
question regarding boundaries, title, encumbrances, easements,
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 of public
record.
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 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
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 within
the content of this document.
5) The attached documentation, including a plat drawing showing the
subject and the schedule indicating the adjacent property ownership
are derived from the Assessor's record of adjacent properties and
are made an 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 any questions, comments or remarks relative to the
information contained herein please contact me directly.
Sincerely,
B. DAVID HUNTIbGTON & ASSOCIATES, INC.
WW.6-9/11 J•
Bruce D. Huntingt.n, President
Appraiser
BDH:kcw
cc: Mrs. Irene Gammon, Clerk, City of South Bend
Ms. Sandra Parmerlee, Clerk, Board of Public Works
ftnmmtttrr &port
Wu the QImmnwu QIounril of ter (Iitg of'uut1 rn�:
Your Committee of the Whole
to whom was referred
BILL NO.
85-88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH
TWO HUNDRED TWELVE (212) FEET OF THE FIRST NORTH SOUTH ALLEY
EAST OF MICHIGAN RUNNING BETWEEN NAVARRE AND MARION
STREETS. ALSO, THE EAST ONE HUNDRED SIXTY—FIVE (165) FEET
OF THE FIRST EAST WEST ALLEY NORTH OF MARION RUNNING BETWEEN
MICHIGAN AND ST. JOSEPH STREETS. ALL BEING IN THE ORIGINAL
PLAT OF THE CITY OF SOUTH BEND, INDIANA.
Respectfully report that they have examined the matter and that in their opinion
this bill should be recommended to the Council favorable.
Thomas Zakrzewski Chairman
FREE PRESS aPeatp, PUBLISHING CO.
!
SpUTH \\111
,� o ! City of South Bend
�: ,1,14,A. j Joseph E. Kernan, Mayor
111\‘,\\1865_
Board of Public Works
October 5, 1988
MEMBERS OF THE COMMON COUNCIL
COUNCIL CHAMBERS
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: ALLEY VACATION: NORTH 212 FT. OF 1ST N/S ALLEY E. OF
MICHIGAN RUNNING BETWEEN NAVARRE & MARION AND THE EAST
165 FT. OF THE 1ST E/W ALLEY N. OF MARION RUNNING BETWEEN
MICHIGAN AND ST. JOSEPH STREETS
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 Mr. Joseph L.
Amaral, Attorney at Law, Suite 204, 205 West Jefferson
Boulevard on behalf of the Petitioners, Memorial Health
Properties and the City of South Bend for the use and benefit
of the South Bend Economic Development Commission to vacate
the following alleys:
North Two Hundred Twelve ( 212) feet of the first
north/south alley East of Michigan running between
Navarre and Marion Streets. ALSO, the East One
Hundred Sixty-Five (165) feet of the first east/west
alley north of Marion running between Michigan and St.
Joseph Streets. All being in the original Plat of the
City of South Bend, Indiana.
For your information, a Public Hearing concerning the Vacation
Petition as filed was held by the Board of Public Works on
October 3 , 1988.
Attorney Joseph Amaral was present on behalf of the
Petitioners and spoke in favor of the proposed vacation. A
copy of the excerpts 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
� c
MEMBERS OF THE COMMON COUNCIL
October 5 , 1988
Page -2-
Therefore, based on favorable comments received from the Area
Plan Commission, the Engineering Department and the Department
of Economic Development, the Board favorably recommends the
vacation of the above referred to alleys subject to any and
all utility easements.
Sincerely,
BOARD OF PUBLIC WORKS
JP
4, % ?' L',11.), / i // /
Sandra M. Parmerlee, Clerk
Enc.