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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 ... (A-- r-,r-- ( ' • / /ye ...1,... 0•••••••■ 40-z-e ...--........ .---4' . , /, e X 1 7 r r /ft ' x Z./ 2/ 01" • ..a. ., ....h. — ; - - _ •, . 2 i 1c.. '...-di-ar' 76rii- ? ' 17 .r. i tr) , .. -, 87- • 19 I - 0 : 1- .(; n ,-) .... .r., .7. i, i ..1\ 20 b• 7 , yL,cr ! 71 iesi, ;I: ,- 0 . i o h 1 0 t■ ,t. P 1 a e't S , I 1 I I L I__ 1 ST. — Tr/74- "-,e FE'____ ____ _ tr„ 1 I ,... P . 5 I , '77, " -7, 60— , 4 ! 1 tt, % i.56 kp ,4 4.S v `4 tt 12.9 y I' .... _ 1 PAIIIIS. 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' I stF, r.. - frss . 1 -./.7 3i . -• /I 1 .., •• AS 161-4 .• . .-• . ." ....S • , / /SAS I Net at jet/ ...6.,cr• . , ST. ,, , ,... , 1,1.0 ‘ . . , , ,. , .-.• .• ,- .45 .7.4 4r...- , e '■ / • 11,} 1. ' . — Z —......4?,.. /./ , • / Pt. I •=t 7e. • CD . i i 21 : / 1 •• : RI , .., _ z m - / /• . ,i.v. ,, ..,, -- 174 171 .ktt 0 1 11,3 • . 1 • / . r WU- , -- 2 L ,,-9 . ...., ...._ mA, _V 4•/7....././' M I /'1 , * 1 ' i ! 1 .4' 1 ------' ,I I I . - - . I ' • - I 4-i t•1 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.