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Home My WebLink AboutRelease of Utility Easement - Alley Vacation 1200 Howard St. - Five Corners, LLC1316 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 Mr. Mike Danch Five Corners, LLC 814 Marietta St. South Bend, IN 4660 mdanchkdanchharner. com RE: Release of Utility Easement Dear Ms. Smith: January 23, 2024 Ms. Angela Smith Danch, Hamer, and Associates 1643 Commerce Dr. South Bend, IN 46628 asmith&danchharner. com At its January 23, 2024 meeting, the Board of Public Works approved the above referenced easement associated with the alley vacation at the 1200 Block of Howard St. Enclosed please find a copy of the easement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou RELEASE OF UTILITY EASEMENT THIS RELEASE OF UTILITY EASEMENT made this January 23, 2024, by the City of South Bend, Indiana, acting through its Board of Public Works (the "City"), in favor of FIVE CORNERS, LLC, its successors and assigns (collectively, the "Owner"). WITNESSETH THAT: WHEREAS, Owner of the land affected by the Utility Easement being the same, or part of the same, property conveyed to FIVE CORNERS LLC by Ordinance No. 10847-22 ("Ordinance") (attached as Exhibit 1) passed by the Common Council of the City of South Bend, Indiana on March 28, 2022 and titled as follows: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA WHEREAS, a twelve (12) foot utility easement was established in Section II of said Ordinance; and WHEREAS, Section II of said Ordinance also states that such rights will exist until released by the individual utilities; and WHEREAS, the City does not have any utilities within the twelve (12) foot easement, nor anticipates the need for using the easement for future utilities; and WHEREAS, the Owner has secured letters of release from the private utility companies mentioned in said Section II of the Ordinance (attached as Exhibit 2); and WHEREAS, Owner holds titled to all adjacent parcels affected by the easement and intends to pursue zoning approval to allow for a future development on said parcels; NOW, THEREFORE, in consideration of the foregoing, the City of South Bend Board of Public Works agrees to release and terminate the aforesaid utility easement that is described above and illustrated in the included Exhibit 3. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member STATE OF INDIANA SS: ST. JOSEPH COUNTY M01 Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: Janaury 23, 2024 Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Elizabeth A. Maradik, personally known by me to be the President of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Release of Utility Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this a ,� fd . day of r 2024. LAURA D. HENSLEY Notary Public - Seal St Joseph County - State of Indiana Commission Number NP0732150 My Commission Expires Mar 3, 2029 My Commission Expires: wbirck 3, aoa9 �\�"J Notary Public C2resident of St. Joseg County, IN I affirm, under the penalties for perjury, that I have taken reasonable care to react each Social Security number in this document, unless required by law. Prepared by Angela M. Smith of Danch, Harper, and Associates located at 1643 Commerce Drive; South Bend, IN 46628 EXHIBIT 1 ALLEY VACATION ORDINANCE ORDINANCE No. 10e47.22 Passed by the Common Council of the City of South Bend, Indiana March 28, 20 22 J Attest: City Clerk Dawn M. Jones r Attest:(� President of Common Council Presented by the to the Mayor of the City of South Bend, Indiana March 28, 22 20 Z,,� - 4��j City Clerk Dawn M. Jones il Approved and signed b me r t,� 3 9 20 Z Z PF g y Mayor BILL NO. 10-22 ORDINANCE NO. 10847-22 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, 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. NOVV, 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: Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. hereby determines that it is desirable to vacate said property. SECTION IT 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5095-333 7 18-S09S-3340 18-SU95-3346 18-5092-3 2 72 18-5092-3258 18-5099-3512 18-SU95-3336 18-5095-3335 18-5095-3334 18-5095-3343 18-5095-3355 18-5092-3265 18-5095-3332 18-5095-3333 18-S09S-3344 18-5095-3356 18-5092-3262 18-5099-3509 18-5095-333 9 18-5095-3345 18-5095-3357 18-5092-3261 18-5092-3510 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion 2 of the Public Street in the described area to allow for the development of some of the adjacent property. 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. Attes �1 Dawn . MJones, City Clerk Office of the City Clerk Presented by me, the undersign City of South Bend, Indiana on the o'clock . m. 2.v Sharon L. McBride, Council President South Bend Common Council ed Clerk of the City of South Bend, to the Mayo_ r of the a day of CJ , 2022, at Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the � 9t day of < << �+ , 2022, at � o' clock �.m. James eller, Mayor City o South Bend, Indiana EXHIBIT 2 PRIVATE UTILITY EASEMENT RELEASE LETTERS db COMCAST January 3, 2023 Danch, Harner & Associates, Inc. 1643 Commerce Dr. South Bend, IN 46628 Attention: Michael J. Danch, L.A., ASLA Re: Release of Utility Easement Rights West of Duey Street, North of Howard Street and South of South Bend Avenue South Bend, IN Mr. Danch: Comcast Cable has reviewed the 12' vacated alleyway proposed to be released at the southwest corner of South Bend Ave. and Duey St. in South Bend, IN. Please be advised that Comcast currently has no cable facilities within the 12' alleyway proposed to be released. Therefore, Comcast hereby disclaims all easement rights, title, interest in or to said alleyway and will also not need an easement granted for our facilities, within the dimensions of the alleyway, to be released. This disclaimer is not intended to, and shall not in any way, affect any easements which Comcast Cable and/or it's affiliates have a right to use, except as to the easement rights in the alley specifically stated above. Sincerely, Robert L. Schulter, Jr. Central Division Director of Construction (630) 600-6352 1�4 - 4",� Ted Wyman Right -of -Way (847) 652-6074 688 Industrial Drive Elmhurst, IL 60126 www.comcastcorporation.com INWANA MICNIGAN POWEW A unit otAmerican Electric Power January 9, 2023 Michael J. Danch DANCH, HARNER & ASSOCIATES, INC. 1643 Commerce Drive South Bend, IN 46628 Dear Mr. Danch: Indiana Michigan Power 2929 W. Lathrop Ave. South Bend, IN 46628 lndianaMlchiganPower.com Re: Release of Easement Rights in Vacated 21-foot Alley, Lots 3-7 and 9-13, Talbot's Plat Portage Township, Section 6, T37N, R3E St. Joseph County, Indiana Please be advised that AEP does not have any electric facilities in the vacated alley identified above. Therefore, AEP releases any remaining utility rights in said vacated alley. If you have any questions, please do not hesitate to contact me in connection therewith. Since ly, #N�� Sylvia Durham, SRIWA, RIW -- NAC Senior Right of Way Agent Indiana Michigan Power Company South Bend Service Center Direct Dial 574.283.1870 smdurham@aep.com EXHIBIT 3 ALLEY VACATION AND UTILITY EASEMENT DIAGRAM VACATION AREA 0 w 100' 150 SCALE 1`= W BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1 /9/2024 Name: Charlie Brach Department of Public Works — Engineering Division BPW Date: 1/23/2024 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution N Other: Release of Easement n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Information Five Corners LLC ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No F] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 1200 Block of Howard Five Corners Development DP24-001 N/A PR4k9-# N/A N/A N/A N/A Release of utility easement associated with alley vacation Ordinance No. 10847-22. There are no City utilities present in this easement and it is not needed. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: