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HomeMy WebLinkAboutStreet Vacation - 3801-3920 Crescent Circle1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 8, 2023 Mr. Jeremy Lugbill Career Academy Network of Public Schools 3801 Crescent Circle South Bend, IN 46628 jlugbillkcareeracademysb.com; matozzo(j�aaklaw.com RE: Alley/Street Vacation — 3801 to 3920 Crescent Circle (Preliminary Review) Dear Mr. Lugbill: At its August 8, 2023 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this street subiect to added utility easement requirements and easement will need to be recorded. Applicant will need to hire a professional surveyor to draw out easement and that document will need to be Recorded. If you still wish to pursue this street vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4' floor of the County -City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property must then be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the street vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa He ner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER 4SpUTH ,& U 17 W ,y PEACE % k 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 26, 2023 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — STREET VACATION APPLICANT: Career Academy/Jeremy Lugbill LOCATION: 3801-3920 Crescent Circle PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable with requirements regarding easement. Please see attached memo. COMMUNITY INVESTMENT: Favorable recommendation subject to utility easement requirements. FIRE: Favorable POLICE: Favorable recommendation r- STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste.1316 y _ South Bend, IN 46601 Date: June 16, 2023 Name: Phone #: 574-334-0624 Career Academy/Jeremy Lugbill sb.comd lu bill careeracaem Email: � 9 @ y cho-5- orn RQiVZ2o rna+oZzo o@ Qa.k[c,L,a,rom Property Address: 3801 Crescent Circle to 3920 Crescent Circle Applicant property information: ❑ Residential ❑!• Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Crescent Circle is a horse -shoe shaped drive beginning and ending on Nimtz Drive. Is your property adjacent to the alley of interest? 0 Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes 0 No Does the existing alley provide garage access to other property owners? ❑ Yes 0 No Does the alley receive daily traffic excluding your own use? ❑ Yes [j] No Would the vacation hinder public access to any of the following: a church, ❑ Yes E No school, or any other public building or place? Reason for street/alley vacation and proposed use: Career Academy has heavy traffic when students are dropped off in the morning and picked up after school. The traffic flow would be faster and safer if Crescent Circle were one-way. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS tja4 Elizabeth A. Maradik, President Gf-0c Gary A. Gilot, Member [Yes ❑ No '/ i t Joseph R. Molnar, Vice President Alexandra Dolz-Lane, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: August 8, 2023 5'4Ctif� SUCCESS r ACADEMY a "Na G1R��' 1. 1111T, kill1' June 20, 2023 Elizabeth A. Maradik, President South Bend Board of Public Works 227 West Jefferson Blvd., Suite 1300 N South Bend, Indiana 46601 Re: Application to Vacate Crescent Circle Dear Mrs. Maradik: I am Superintendent of the Career Academy Network of Public Schools, including Career Academy High School and Career Academy Middle School, located at 3801 Crescent Circle, South Bend. This letter is submitted in support of our application to vacate Crescent Circle to convert it to a private driveway off Nimtz Drive. This would enable us to restrict traffic so that the driveway is effectively a one-way street, so that all traffic enters at the eastern intersection of Nimtz/Crescent and exits at the western intersection. This will reduce traffic congestion and will be safer for our students, parents, and staff members. Enclosed are: 1. A proposed traffic flow map 2. An email from UniFirst Corporation, owner of the only lot fronting on Crescent Circle other than the three lots owned by Career Academy, consenting to the conversion of Crescent Circle to a one-way street. The UniFirst property, located at 3920 Crescent Circle, has a driveway to Nimtz Drive and does not use Crescent Circle. Most Career Academy students are dropped off and picked up by their parents, which creates a considerable traffic flow before school starts and after school ends. There is also a City (Transpo) bus that brings and picks up students every day. The Career Academy driveway is not wide enough for a Transpo bus to pull in. On a couple of occasions when inexperienced drivers have done so, the bus has clipped cars parked in the school's front parking lot. So, the bus needs to stop Board of Public Works, City of South Bend Page 2 of 2 June 16, 2023 on Crescent Circle. (To avoid students needing to cross traffic after getting off the bus, the bus should be on the right side of the road when it stops in front of the school, so traffic should be counterclockwise on Crescent Circle). Career Academy owns the lot at 3919 Crescent Circle and the vacant lot between that property and the school at 3801 Crescent Circle, so the only traffic on Crescent Circle is to and from the Career Academy and the parcels it owns. Please let me know if any further information is needed. Best regards, Jeremy Lugbill Superintendent Career Academy Network of Public Schools 3801 Crescent Circle South Bend, IN 46628 /Ijg Attachments: 1. UniFirst Email 2. Proposed Traffic Flow Map cc: Charles Loeser RE: Changing Crescent Circle to a permanent one-way street Jessica Brown <Jessica_Brown@UNIFIRST.COM> Tue 9/6/2022 9:04 AM To: Laurie Gregory <Igregory@careeracademysb.com> Cc: Jeremy Lugbill <jlugbill@careeracademysb.com> Hi Laurie, Yes, I approve of it turning into a one way street. Jessica Brown Location Manager UniFirst Corporation 3920 Crescent Circle South Bend, IN 46628 574,239,2950 Jessica Brown(o)unifirst.com UniFirst 1=10oma From: Laurie Gregory <Igregory@careeracademysb.com> Sent: Friday, September 2, 2022 10:00 AM To: Jessica Brown <Jessica_Brown@UNIFIRST.COM> Cc: Jeremy Lugbill <jlugbill@careeracademysb.com> Subject: Changing Crescent Circle to a permanent one-way street Good morning, Jessica -- For the safety of our students, especially during arrival and dismissal, we'd like to have Crescent Circle be changed to a permanent one-way street. To move forward in making that a reality, The City of South Bend requires written emails of support from other impacted businesses on or near Crescent Circle as verification they are in support of the one-way. Their Project Engineer would like to have these emails in -hand as she revisits the conversation with their traffic team. As Location Manager at UniFirst located on Crescent Circle, and assuming you would support a one-way, would you be willing to provide us with your email of approval? You can email it to me and then we will submit all approval emails, with our proposal, to The City of South Bend. Please let me know if you have any questions or would like additional information. Thanking you in advance. Best, Laurie ************************** Laurie Gregory Assistant to the Superintendent Career / Success Academy Office: 574-299-9800 Ext. 1621 Fax: 574-288-6125 PREPARE TO BE AMAZED CAREER SUCCESS ACADEMY � ACADEMY Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, use, or distribution of the information included in this email is prohibited and may be unlawful. ALTA/ACSM LAND TITLE SURVEY INDIANA EAST -WEST TOLLROAD (1-80/90) MILNIANA REGIONAL AIRPORT C-SEL"1r QL•1� r.Ir•.i'i^r�[�YCI��_ 1� mas�R 10f N�ac^ ael: + rw a 9vw a Ix Nm� Iw v uavw O1�R Irk ONr ONnI >tm'kut ! Nar � N Rt>Rv tws S mm a oaa�ert x�art mss®1 x nE ana a nE fl[� ati<tt.trlH fin! 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I.n s■Iaw � w.y "' ` 91b mo wmaarxr av°oun v.s •.41r. � 1mslb�oaor`.x�..Iw'�1 aMn arw cal.n.� GRAPHIC SCALE �sr. � mrx .nu.a a.w.¢ ea.Im xas arsorE° na ,.s°Iis a..I.a ssm. •s w we.Il a•w a snsm � nm w.x+ aur¢ moE. owra wi .crs v 1Mi — - f11Yr5 I ldw - Lol R • rmlwimwo we..vww � nc cnrw :rw: w ans W rc¢� �a¢.re¢es .,° x waw.. ovrnll Ww a» .-n-,o-x m coalocr . I®°rna w min rwawa naara ra .alff fflvrlr �s a s•w sEu enolRn •Emours rb a >ow a arur .Iwr ra. °r+K ) �Ir WUI��OC rYO.aw.nRKNYPCY C�MwM11r4Y 6 m .co°1 z m wmoc .ak wsan. a walla: bE va•sa bE war a bI .�.Ia rla war n r1 xrau-r. orrr(s7 nwno art, m ale aar•�iwl a- nr ww•e'r'ia rues a .aware wsaE rlr cans a .mc, rz malw.[rn. TIr naol.xrz 1Da Ilr awp6 •IY bFJI 9�8+6 uC a>9aq E wwix4 ':IftiT V•• 1 .u. NE 1/4 & SE 1/4 OF SEC I9-r3M-R2E a. I/4 & SYI 1/4 OF SEC. 2t}-T38N-m GERMAN TOWSH1P, CJTY CF SOUTH 9M ST JOW" COUNTY. MAl1A I ==__ r I BLACKTHORN CORPORATE OFFICE PARK MINOR SUB. f7 T 6/15123, 4:36 PM Go gle MapS 3920 crescent cir io Indiana Toll Rd (Toll road) Rr ­,j "Yi , P t 7 7 0 3920 Crescent Cir - Google Maps Career Aeadmv�,—� " I" Rend Cha�fet , F 10 Im Indiana a C� F Nimtzl"kwy V I,V Davl"a Go: gle Map data 020M Gocoe ZDOft' Name Mailing Address Proper Address Career Academy of South Bend 3801 Crescent Circle South Bend, IN 46628 3919 & 3801 Crescent Circle South Bend, IN 46628 Unifirst Corporation Attn: Matthew Croatti 68 Jonspin Rd. Wilmington, MA 1887 3920 Crescent Circle South Bend, IN 46628 Davita F J Nimtz 4100 Edison Lakes Pkwy St. 350 Mishawaka, IN 46545 5710 & 5672 Nimtz Parkway South Bend, IN 46628 From: Kyle Ludlow To: Hillary Horvath; Charlotte Brach Subject: RE: Recommendation f/u Date: Thursday, July 6, 2023 2:27:22 PM Attachments: imaae001.a_na Yes Kyle Ludlow Construction Manager — Division of Engineering Department of Public Works (574)235-9157 kludlow(@southbendin.g_ov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment From: Hillary Horvath <hhorvath@south bend in.gov> Sent: Thursday, July 6, 2023 2:27 PM To: Charlotte Brach <cbrach@south bend in.gov>; Kyle Ludlow <kludlow@south bend in.gov> Subject: RE: Recommendation f/u Is it safe to provide a favorable recommendation as long as the below is completed? From: Charlotte Brach <cbrachPsouthbend in.gov> Sent: Wednesday, July 5, 2023 3:07 PM To: Hillary Horvath <hhorvathPsouthbend in.gov>; Kyle Ludlow <kludlow((Dsouthbend in.gov> Subject: RE: Recommendation f/u Thanks, Hillary! Engineering comments are that easements will need to be recorded for the utilities within Crescent Circe, and easements will need to be recorded for the other two buildings if they are connected to utilities off Crescent Circle. 3920 Crescent Circle may connect to Nimtz. My understanding is that they own 3919 Crescent Circle as well, but if that is not the case, an access easement may also be needed for that site. Thanks, Charlotte Brach, P.E. Senior Engineer, Division of Engineering Department of Public Works (574)235-9246 cbrach(@southbendin.g_ov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment BILL NO. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE INHERE THE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE) 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: (TYPE INHERE THE COMPLETE LEGAL DESCRIPTION THATA SURVEYOR WOULD PROVIDE) 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: (TYPE IN HERE THE LOT NUMBERS OF THE PROPERTY OWNERS THAT AB UT THE PROPERTY TO BE VACATED. YOU DO NOT NEED TO INDICATE THE NAMES AND LOT NUMBERS OF ALL PERSONS WITHIN 150- FEET - ONLY THE ABUTTING PROPERTY OWNERS) Section IV. The purpose of the vacation of the real property is (COMPLETE THE ABOVE SENTENCE INDICATING WHY YOU DESIRE TO HAVE THE PROPERTY VACATED) 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. Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock . M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Revised September 27, 2022 OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK ALLEY/STREET VACATION PROCEDURES OVERVIEW Procedures for the vacation of public rights -of -way are contained in Article 5, §18-53.8 of the South Bend Municipal Code. Required at the time of filing with the Office of the City Clerk are: 1. BPW Recommendation PACKETfrom the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated 5. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate PROCEDURES & PROCESS STEP 1 Download and complete the Board of Public Works Alley/Street Vacation Application: Print/download application from website. When completed, visit the City's Engineering Department located on the 13th floor of the County -City Building or send the application via email to hhorvath@southbendin.gov. STEP 2 Confirm Map and Location to Be Vacated: The City Engineer's office will generate a radius map highlighting the area you wish to vacate as well as a list of addresses within 150 feet of the property. They will require your written or verbal confirmation of the correct, highlighted map area for the vacation request. Then, they will send the request to various City Departments for review. INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L. TIRADO RODGER J. PINTO GABRIEL N. MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1 227W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.9221 If 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND OFFICE OF THE CLERK Once the review is complete and comments have been returned, the request will be placed on the Board of Public Works (BPW) agenda. This process usually takes four (4) to six (6) weeks. For questions about the status of the review of your packet, call the City Engineer's office at 574-235-9251. STEP 3 Board of Public Works Meeting: The Board of Public Works meets on the second (2"d) and fourth (4th) Tuesdays of the month at 9:30am. The Board will discuss your request at its meeting and decide whether to issue a favorable or unfavorable recommendation. Following the meeting, a Recommendation Packet will be emailed to you, including a letter informing you of your "favorable" or "unfavorable" recommendation. This letter will also include any improvements or contingencies the Board recommends. For favorable recommendations, the Board will include a draft ordinance for filing with the Clerk's Office. STEP 4 Prepare Certified Mailing Envelopes: Using the list of addresses in your BPW Recommendation Packet, prepare mailing envelopes addressed to each of the adjacent property owners. The envelopes should have your name and address in the left-hand corner as the return address. These envelopes will eventually contain a public hearing notice which will be prepared and sent by the City Clerk's office. The public hearing notice will be sent via Certified Mail. Please make sure the "Certified Mail" green and white tag is affixed to the top of the envelope with the name and address of the recipient written where indicated. We do not need the hard -preen card that is sometimes used to send Return Receipt Requested Certified Mail. STEP 5 Prepare Petition to Vacate Public Rights -of -Way: Fill out and prepare the Petition to Vacate Public Rights -of -Way, which is included in the packet, or may be requested from the City Clerk's Office. This petition must be "signed" by at least one (1) abutting property owner. You do not need to secure the signatures of all property owners within one hundred fifty feet (150'). If you will be making the presentation before the Council please indicate your name, address, and phone number in the "Contact Person" area as well. STEP 6 File Petition with City Clerk's Office: Go to the Clerk's Office on the 4th Floor of the County City Building to file the following items: 1. BPW Recommendation Packet from the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County -City Building 227 W. Jefferson Bvld I South Bend, Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 2 •CITY OF SOUTH BEND I OFFICE OF THE CLERK S. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate The deadline for filing agenda items for any meeting is noon on the WEDNESDAY before the scheduled meeting. (see attached schedule). The Common Council meets on the 2nd and 4th Mondays of each month. STEP 7 First Reading and Setting of Public Hearing Date: After you file the Ordinance and Petition, it will be placed on the next Common Council agenda for "First Reading." You are not required to attend this meeting. At this time, the Common Council will set the matter for public hearing which will most likely be their next regular meeting. Indiana Law requires that hearings occur within thirty (30) days of receipt of the petition. At this time, the City Clerk will also send notice of the petition, along with the date and time of the hearing, by certified mail to each abutting property owner. The Clerk's office will also notify the public by publication. STEP 8 Notice of Public Hearing/Committee Meeting and Full Council Meeting: When the ordinance is placed on the next Common Council agenda, it will be listed under "Public Hearing" and "Third Reading." You will need to make a short presentation at this meeting. Also, all persons speaking in favor of or in opposition to this ordinance will be heard at this time. The bases for objection to a proposed vacation under Indiana Law are: (1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would hinder the public's access to a church, school, or other public building or place. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. On the day of the public hearing, the petitioner will be required to attend a meeting of the Public Works and Property Vacation Committee. This Committee is composed of four (4) members of the Common Council who will review the matter and make a recommendation to the entire Council. You will be required to make a short presentation outlining why you want the right-of-way vacated. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 3 •CITY OF SOUTH BEND I OFFICE OF THE CLERK You will make the same presentation at the afternoon Committee meeting and the 7:00 p.m. Common Council meeting. The afternoon meeting will be held in the Common Council meeting room located in the City Clerk's office on the 4th Floor of the County -City Building. The evening meeting will be held in the Council Chambers located in the middle of the fourth floor of the County -City Building. STEP 9 Ordinance Certification Process: After approval by the Common Council and the Mayor, the Ordinance will be advertised in its entirety in the South Bend Tribune and the Tri-County News. This publication will take place on the FRIDAY of the week following the Council meeting. The vacation becomes effective thirty (30) days from the date of the publication. At that time, the City Clerk's office will certify the document and record it with the St. Joseph County Recorder. The Petitioner will receive a certified copy, as well as the County Auditor and Township Assessor. A notification is then provided to the Board of Public Works via email. (Revised 02/04/2022) EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 4 CROSS ACCESS EASEMENT AGREEMENT This Agreement is entered into this day of , 20 between [an Individual or a (corporate entity)], the owner of the Applicant Property (as defined below) and the Adjacent Owners (as defined below). 1, P) RECITALS The Applicant hereby represents that it owns the real property described at Exhibit A. The Applicant desires for the public alley running (beginning right-of-way) and right-of-way) in South Bend Indiana, and more particularly "Vacated Area"). (direction) between (ending described at Exhibit B (the 3. The Applicant represents that the properties listed consist at Exhibit C-1 through C- (collectively, "Exhibit C") are all of the properties that currently have access to the Vacated Area (the "Adjacent Properties"), and that the owners listed at Exhibit C consists of all of the ownership interests in said Adjacent Properties (the "Adjacent Owners" and with the Applicant, the "Property Owners"). 4. The Applicant represents that it has legally obtained the signatures of all of the Adjacent Owners, and any omission of a property currently having access to the Vacated Area or an individual or entity with an ownership interest therein is inadvertent. 5. Any omitted owner of an Adjacent Property may become a party to this agreement by recording an affidavit cross-referencing this Agreement and agreeing to be bound by its terms. Any owner of an omitted property may become a party to this Agreement by recording an affidavit cross-referencing this Agreement, agreeing to be bound by its terms, and attaching a plat evidencing that the property interest had access to the Vacated Area. The signatures of the Applicant or the other Adjacent Owners are not necessary for such an affidavit to amend this Agreement. Only owners of an ownership interest in an Adjacent Property and the Applicant are a party to this Agreement. Any owner of an easement or servient interest in an Adjacent Property shall not be a party to this Agreement unless the Adjacent Owner required the owner of the easement or servient interest in its property execute this Agreement as a condition of the Adjacent Owner's signature, which signature must have occurred prior to Board's original acknowledgement of this Agreement. 6. This Agreement may not be recorded until it is acknowledged by the City of South Bend, Indiana, Board of Public Works (the "Board"), and shall not be effective until the document's recording. 7. The Applicant hereby acknowledges that it is solely responsible for the accuracy, completion, and completeness of this Agreement. The Applicant, the Adjacent Owners and any other interested party hereby acknowledges that the Board, in its acknowledgement of the receipt of this Agreement, in no way verifies or reviews the accuracy, completion, completeness or effectiveness of this Agreement. The Board expressly disclaims any obligations to review or verify the terms or effectiveness of this Agreement. Any decision by the Board or the City of South Bend, Indiana is made independent from the effectiveness of this Agreement, although said bodies may require receipt of a document similar to this one as a part of its decision process in vacating said Vacated Area, 8. The purpose of said easement is to allow traffic flow between the properties and continue access to back of lot garages or other improvements or for periodic maintenance equipment access for the Property Owners. NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: i . Property Owners hereby grants and conveys to each other, their successors and assigns, a permanent, exclusive, and perpetual easement in, on, under, over and across their respective interest in the Vacated Area for the limited purpose of allowing Property Owners, their guests or tenants access to their respective back lot garages or other improvements or for periodic maintenance equipment. 2. The easements to be created shall burden and benefit the parcels. The easements shall run with the land and shall be binding on and shall insure to the benefit of the property owners, their respective heirs, successors or assigns. 3. Any agreement to terminate or modify the easements to be created must be 2 approved and executed by all of the Property Owners or their successors in interest and must be approved in writing by the City of South Bend to be effective. 4. Property Owners agree to make the necessary improvements to their respective properties to allow the ingress and egress as set forth herein within a reasonable time after the creation of the cross access easements set forth in this Agreement. 5. Property Owners agree to maintain the easement area that will be located in its property in a reasonable manner and at their sole expense, including the construction of a new driveway and curbs as reasonably necessary. Property Owners hereby agree to remove any sidewalks, curbs and other right of way improvements (excepting any utility, sewer, or water improvements) in the Vacated Area that are no longer necessary, in the opinion of all of the Property Owners, and replace them with landscaping, including topsoil, sod and other appropriate forms of landscaping in the opinion of the Property Owners, and the Applicant shall be solely responsible for constructing or otherwise providing for any improvements required by the Board but may seek indemnification from the Property Owners for the cost related to such improvements for their pro-rata share (which each pro-rata share determined by each Property Owner's portion of the total frontage along the Vacated Area). b. Any violation or breach of this Agreement shall be considered a breach and any Property Owner shall have the authority to enforce this Agreement in any manner permitted by law. 7. This Agreement to create a cross access agreement shall be recorded immediately after executed by the Property Owners and acknowledged by the Board. 8. Any Property Owner executing this Agreement on behalf of another person or entity hereby certifies that he or she is duly authorized to approve and execute this Agreement and behalf of said person or entity. 9. This Agreement may be executed in counterpart signature pages, and an executed Exhibit B of this Agreement by an Adjacent Owner shall be considered a binding counterpart signature page. 10. The Applicant shall insure that the Agreement is recorded in a manner so as to cross-reference all of the deeds of record or the most recent plat for the Adjacent Properties. 3 The individual executing this Agreement on behalf of the Applicant hereby affirms under the penalties for perjury that the foregoing representations made on behalf of the Applicant are true and correct to the best of my knowledge. WITNESSED that the Property Owners have duly executed this Agreement for the benefit of each other and the City of South Bend, Indiana. APPLICANT By: Printed: Its: STATE OF INDiANA ) SS: COUNTY OF ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared , known to me to be the Applicant specified above and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 20_, (SEAL) , Notary Public Residing in , Indiana (Applicant Signature Page) ACKNOWLEDGED BY, the City of South Bend, Indiana Board of Public Works, on this day of , 2Q CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS President Member Member STATE OF INDIANA ) } SS: COUNTY OF } Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared a known to me to be members of the City of South Bend, Indiana Board of Public Works and acknowledged the execution of the foregoing Agreement on behalf of said Board, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 20 . (SEAL) Notary Public Residing in Indiana This document was prepared by I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by lain. (name) (Acknowledgement Page of City of South Bend, Indiana Board of Public Works) Street Address: Tax Id. Npmber(s): Recording No. of Applicant's Deed: Applicant's Deed Recording Date: EXHIBIT A Description of Applicant Property Doc. No. South Bend, Indiana or Deed Book , Page EXHIBIT B Legal Description of Vacatcd Area EXHIBIT C-I Description of Adjacent Owner and Adjacent Property Adjacent Property Owner(s) of Record: Interest Owned (circle one) Street Address: Tax Id. Number(s): Recording No. of Applicant's Deed: Owner's Deed Recording Date: Fee Simple --- Life Estate --- Owner of a II Interest. South Bend, Indiana Doc. No or Deed Book , Page 1 am the owner of the property interest specified above. 1. have reviewed this Cross Access Easement Agreement and am duly authorized to approve and execute it. DATE: ADJACENT OWNER By: Printed: Its: STATE OF INDIANA, COUNTY OF ) SS. Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared , known to me to be the Applicant specified above and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my official seal on the day of —, 20 . (SEAL) , Notary Public Residing in , Indiana EXHIBIT G Description of Adjacent Owner and Adjacent Property Adjacent Property Owner(s) of Record: Interest Owned (circle one) Street Address: Tax Id. Number(s): Recording No. of Applicant's Deed: Owner's Deed Recording Date: Fee Simple --- Life Estate --- Owner of a I/ Interest. Doc. No South Bend, Indiana or Deed Book , Page I am the owner of the property interest specified above. I have reviewed this Cross Access Easement Agreement and am duly authorized to approve and execute it. DATE: ADJACENT OWNER By: Printe Its: STATE OF INDIANA, COUNTY OF ) SS: Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared , known to me to be the Applicant specified above and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 24_. (SEAL) Notary Public Residing in , Indiana NOTE: THIS INSTRUMENT IS A SAMPLE FORM THAT MAY REQUIRE MODIFICATION DEPENDING ON THE SPECIFIC CIRCUMSTANCES. SOUTH BEND RECOMMENDS THAT THE INSTRUMENT BE DRAFTED BY AN ATTORNEY AND REVIEWED BY THE PROPERTY OWNER'S ATTORNEY. Please Note: This sample template placed on this website by the Board of Public Works is intended to aid individuals and their attorneys in preparing documents that may be required by the City of South Bend related to alley vacations. While the forms have been prepared to comply with the requirements generally imposed by the City, additions and/or alterations in some situations may be necessary given the particular circumstances in each case. Additionally, these documents are provided for the reference of the drafter and the City recommends that all documents be prepared or reviewed by an attorney. The City expressly disclaims any liability for the use of the sample templates and expressly states that no express or implied warranty is made as to the effectiveness, validity or suitability of the language for their use in any particular situation. As always, the drafting lawyer is responsible for making all necessary modifications and to assure compliance with all applicable laves.