The URL can be used to link to this page

Home My WebLink About#2750- Deed; RELEASE OF UTILITY EASEMENT Bulla, Anderson, Kinyon Streets,�,'�, � j�/G ��=, ��. 2?56) L*M Uanch, Flarner & Associates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Ms. Angie Jacob Clerk of the Board of Works for the City of South Bend 13" Floor County -City Building South Bend, Indiana 46601 RE: Release of Utility Easement Rights for the Vacated Alley Bounded by Portage Avenue, Bulla Street, Anderson Avenue and Kinyon Street for "Morris Park Addition First Replat" South Bend, Indiana: Dear Ms. Jacobs: Land Surveyors . Professional Engineers Landscape Architects ■ Land Planners March 20, 2002 (ZI221Z) 1 3� RECORDED ON 04-09-2002 10:31:39 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG. FEE: 10.00 PAGES: 1 This letter is to request a formal release of Utility easement rights within a previously vacated Alley bounded by Portage Avenue, Bulla Street, Anderson Avenue and Kinyon Street for "Morris Park Addition First Replat" South Bend, Indiana. The site is the present location of the Pullman Bank facility at 1615 Portage Avenue. Our clients, Family Video are in the process of building a new building on the site and are going to remove the existing Bank building. As part of the construction process it was discovered that this property does not conform to the present City of South Bend subdivision standards for building purposes. The owner is required to Replat the vacated Alley and the several existing small lots into one large legal lot of record. Our proposed Subdivision Replat has been attached for reference. The Area Plan Commission is requesting that as part of the Subdivision Replat procedure, we have from each Utility company or governing authority, a letter releasing any easement rights they may have to the 14 ft. wide vacated Alley. I have also attached a copy of the sample wording the Area Plan Commission has used in the past for such release letters. If you have any questions concerning this matter, please feel free to give me a call at 235-9251. Si 1 ch 1 J. Danc President Danch, Harper & Associates, Inc. APPROVED Board of Public Works 2422 Viridian Drive, Suite 201 . South Bend, IN 46628 o>Tce 2191234-4003 ■ 800/ 594-4003 ■ Fax 219I234-4119 208 West Mars ■ Berrien Springs, MI 49103 Office 616/471-3010 ■ Fax 616I471-7237 EXAMPLE EASEMENT RELEASE LETTER Mr. John Mc Namara — Chairman Plat Committee of the Area Plan Commission Room 1140 County -City Building South Bend, Indiana 46601 RE: Release of Utility Easement Rights for the Vacated Alley Bounded by Portage Avenue, Bulla Street, Anderson Avenue and Kinyon Street for "Morris Park Addition First Replat" South Bend, Indiana: Dear Board Members: March 14, 2002 This letter is written confirmation that we have no existing utility lines which includes, but not limited to Sanitary and Storm sewer lines, within the Vacated Alley rights -of -way for the area Bounded by Portage Avenue, Bulla Street, Anderson Avenue and Kinyon Street for "Morris Park Addition First Replat" South Bend, Indiana. We release any easement rights for said area. If you have any questions concerning this matter, please feel free to give me a call at 235-9251. Sincerely, Representative for City of South Bend/ Board of Public Works FLOOD PLAIN NOTE; THIS PARCEL OF GROUND DOES NOT FALL WITHIN THE FLOOD HAZARD AREA AS DEFINED ON AND SCALED FROM THE COMMUNITY PANEL MAPS ESTABLISHED BY H.U.D. FOR FLOOD INSURANCE. THIS PARCEL FALLS WITHIN A "C" ZONE AREA AS SHOWN ON COMMUNITY PANEL NO. 180231 0003 C, DATED 02/17/88, STREET CLASSIFICATION NOTE; NAME CLASSIFICATION WIDTH 1. PORTAGE AVENUE MINOR ARTERIAL AS SHOWN 2. BULLA STREET MINOR AS SHOWN 3. ANDERSON AVENUE MINOR AS SHOWN 4. KINYON STREET MINOR AS SHOWN BUILDING ENCROACHMENT NOTP-- THERE ARE NO ENCROACHMENTS OF EX1511NG 5TRUCTURES UPON THE BUILDING SETBACKS, LOT LINES OR EASEMENTS CREATED IN THE HEREIN SUBDIVISION. MORRIS PARK AD Part of the Southwest Quart Portage Township, City of So LEGAL. THAT PART OF THE SOUTHWEST QU, RANGE 2 EAST, PORTAGE TOWNSHIP \NO\►\AN, \S pESGP\CEO b �, THE VACATFp 14 FOOT AL(_EY LYl'gt THROUGH 20 ALL AS SHOWN ON TI CITY OF SOUTH PEND AS RECORDEI 19, 1906 IN THE RECORDS OF THE OFFICE. CONTAINING 1,57 ACRE MORE OR L SUBJECT TO ALL LEGAL HIGHWAYS, 25 I..OT� I.vT #3 i o :.C; u 2' err {S L R/W LINE R/W LINE �- - --- �----C-/-L-KINY 0 N- S-T-RE-ET 1 N 90'00'00" E. 254.69' (REC. 254.00') 1 R/W UN �o L5' NON -ACCESS EASEMENT \ 25' BLDG. �SE- �BACK LINE WATER AND SEWER NOTE- ED pEF1NE0 ON AND SCA\-ED FROM THE COMC LNG �LSA W�TH NA AS "CSTZQNEHAREq Y H, 3 ,D . FOR f LOOd INSURANCE, 1 HIS P R A5 SHOWN ON COMMUNITY PANEL N0. 180231 0003 C, DATED 02/17/88, STREET CLASSIFICATION NOTE; NAME CLASSIFICATION WIDTH 1. PORTAGE AVENUE MINOR ARTERIAL AS SHOWN 2. BULLA STREET MINOR AS SHOWN 3. ANDERSON AVENUE MINOR AS SHOWN 4, KINYON STREET MINOR AS SHOWN BUILDING ENCROACHMENT NOTE: THERE ARE iv0 ENCROACHMENTS OF EXISTING STRUCTURES UPON THE BUILDING SETBACKS, LOT LINES OR EASEMENTS CREATED IN THE HEREIN SUBDIVISION. WATER AND SEWER NOTE: LOT 20A SHOWN ON THIS PLAT SHALL BE CONNECTED TO MUNICIPAL WATER AND SANITARY SEWER LINES LOCATED ADJACENT TO THE SITE ALONG PORTAGE AVENUE, BULLA STREET, ANDERSON AVENUE AND KINYON STREET. o = 5/8" IRONS SET, P.K. NAILS IN ROAD EASEMENT NOTE: TO THE BEST OF OUR RESEARCH, AND FROM THE INFORMATION SUPPLIED TO US BY THE OWNERS), ALL EASEMENTS OF RECORD ARE SHOWN ON THIS PLAT. SUBDIVISION REPLAT NOTE: THE REASON FOR THIS SUBDIVISION REPLAT IS TO TAKE 14 LOTS AND THE 14.0' VACATED ALLEY AND CREATE ONE LARGE LOT FOR BUILDING PURPOSES. SURVEYOR'S CERTIFICATE I, DANIEL W. AKIN, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA: THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED OR CERTIFIED BY ME ON THE 18TH DAY OF FEBRUARY 2002: THAT THE LOCATION, SIZE, TYPE, AND MATERIAL OF ALL MONUMENTS ARE ACCURATELY SHOWN AND THAT THE MONUMENTS WILL BE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THE SUBDIVISION CONTROL ORDINANCE OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, DANIEL W. AKIN L.S. # S0503 ANY INFORMATION ON THIS DRAWING IS NOT INTENDED 70 BE SUITABLE FOR REUSE BY ANY PERSON, FIRM OR CORPORATION OR ANY OTHERS ON EXTENSION OF THIS PROJECT OR FOR ANY USE ON ANY OTHER PROJECT. ANY REUSE WITHOUT WRITTEN VERIFICATION AND ADOPTION BY THE ENGINEER, ARCHITECT OR SURVEYOR FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT THE USERS SOLE RISK AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO THE ENGINEER, ARCHITECT OR SURVEYOR, ALL UNDERGROUND UTILITIES MUST BE FIELD VERIFIED BY THE CONTRACTOR BEFORE ANY CONSTRUCTION MAY BEGIN. R/W LINE l.01 #34 ^T #35 �.v , r �_ ��` J r��Tv •T , JJ ivi #36 ^; a c) „T cv R/W LINE - 'i 0 ----C-/-L KINYO N STRE-E-T- - Ln N 90'00'00" E, 254.69' (REC. 254.00" �p jr5' NON --ACCESS EASE�,IEN ` \ y 25' BLDG. SE -BACK LINE CZ a ^T LOT #�OA LA 1 s 1 �'- �► ? { —ESA — --- .^T #3n v 15 25 _ a 25' BLDG. vi a39 \ O \ R/W LIN7E R/W LINE 0 r � t ITION FIRS'r REPEAT of Section 35, T. 3E' N., R. 2 E. h Bend, `;t. Joseph County, indiqnq ,ESCRIPTION ;TER OF SECTION 35, TOWNSHIP 38 NORTH, CITY OF SOUTH lazND, ST. JOSEPH COUNTY, i .L OF vO—\S -1 '2.(3 AND THAT PART OF TIETWEEN LOTS 7 7HROUGH 13 AND SOTS 14 PLAT OF "MORRIS PARK ADDITION" TO THE IN PLAT BOOK 9, PAGE 40, RECORDED JUNE ST, JOSEPH COUNTY, INDIANA RECORDER'S S AND COMPRISED OF ONE Cl) LOT, ,SEMENTS AND RESTRICTIONS OF RECORD, KI-NY 0 N--S-T-RF,&T- G 0' gyp, R/w RAW LINE � T r � ',.0T ;r: GO- - -- -- --- -- 14' PUBLIC ALLEY DFED OF DEDICATION WE THE UNDF7RSIGNED, PULLMAN BANK & TRUST COMPANY, OWNERS OF THE REAL ESTATE !SHOWN AND DESCRIBED HEREIN, DO HEREBY LAY OFF, PLAT, AND DIVIDE SAID REAL ESTATE IN ACCORDANCE WITH THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTH BEND, ST, JOSEPH COUNTY. INDIANA. THIS SUBDIVISION SHALL BE KNOWN AND DESIGNATED AS: MORRIS PARK ADDITION FIRST REPLAT ALL STREETS, RIGHTS —OF —WAY, ALLEYS, FUTURE ROADWAY EASEMENTS, AND PUBLIC OPEN SPt.aEs 1--t4OWW AND NOT HERETOFORE DEDICATED, NOW ARE HEREBY DEDICATED 0 THE PUBLIC FOR THE USES DESIGNATED HEREIN. FRONT BUILDING SETBACK LINES ARE HEREBY ESTABLISHED AS SHOWN ON THIS PLAT, BETWEEN WHICH LINES AND THE RIGHT —OF --WAY LINE OF THE STREET(S), THERE SHALL BE ERECTED OR MAINTAINED NO BUILDING OR STRUCTURE, THE AIREAS OF GROUND DESIGNATED ON THIS PLAT AND MARKED AS "EASEMENTS" ARE RESERVED FOR THE USES AS DESIGNATED FOR THE USE OF THE PUBLIC UTILITIES AND INCLUDE BUT ARE NOT LIMITED TO THE INSTALLATION OF WATER AND SEWER MAII-!S, POLES, DUCTS, LINES AND WIRES, DRAINAGE FACILITIES, AND ACCESS FOR PRESENT OR FUTURE DEVELOPMENT, SUBJECT AT ALL TIMES TO THE PROPER AUTHORITIES AND TO THE EASEMENT HEREIN RESERVED, NO PERMANENT OR OTHER STRUCTURES ARE TO BE ERECTED OR MAINTAINED UPON SAID EASEMENTS OF LAND, BUT THE OWNERS OF SAID LOTS IN THIS SUBDIVISION SHALL TAKE THEIR TITLES SUBJECT TO THE RIGHTS OF THE PUBLIC UTILITIES, AND TO THE RIGHTS OF THE OWNERS OF THE OTHER LOTS IN THIS SUBDIVISION. OWNEF'S CERTIFICATE THIS IS TO CERTIFY THAT T HL UNDER IGNED ARE THE 04Y i 1� h5 OF THELiaND DESCRfB�D IN THE PL_\T HEREIN, AND THAT THEY HAVE CAUSE'S THE SAME TO BE SURVEYED AND SUBDIVIDED t\s INDICATED THEREON, FO�j. THE USES AND PURPOSES THEREIN SET FORT}-I;r AND DO HEREBY ACKNOWLEDGE ANP A 1t1PT THE PLAT UNDER THE STY AND TI• L'E THEREON INDICATED. DATED THIS I I rI F?AY OF MARCH, 2002, PULLMAN 6ANK & TRUST COMPAr3lr 3930 EDISON LAKES PARKWAY MISHAWMA, IN 46545 I I r ur I ML ruduU U I ILA I ILS, ANU r U r Ht rtlU -f I z) Ur i rlt- uwrrt-KS OF THE OTHER LOTS IN THIS SUBDIVISION, R ��ti" L1NE , C` �o �p '.v I st0 - - - - 03---- r� N� �ET A, K LINE a1;; 254.88' (REC. 254.00' J-L-LA S-'FR-FET I 14' PUBLIC ALLEY LOT a119 r� ti /Y all , R/W LINE Q U-EEN—STRF,E-T 80' WD. R/W R/W LINE �T oc 1 IT # 1 i 5 \.V I r , T '.IT v . ,. IT ,1 ..v I � I •r 14' PUBLIC ALLEY LOT #28 OWOE4'S CERTIF-1CATE THIS IS TO CERTIFY THAT TI iL UNDERSIGNED ARE THE OF THE LAND DESCRIBED IN TI fE PLAT HEREIN, AND THAT THEY HAVE; CAUSE'.) THE, SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED THEREON, FOJ�. THE USES AND PURPOSES THEREIN SET FORTH, AND DO HEREBY ACKNOWLEDGE A0, A)bPT THE PLAT UNDER THE STYLE AND TITLE THEREON INDICATED. DATED THIS i I H, r"AY OF MARCH, 2002. PULLMAN BANK & TRUST COMPANY 3930 EDISON LAKES PARKWAY MISHAWAKA, IN. 46545 PAUL ZEDIKER — SENIOR VICE PRESIDENT NOTARIZATION STATEMENT STATE OF INDIANA ] SS: COUNTY OF ST. JOSEPH ] BEFORE ME THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE DID PERSONALLY APPEAR THE ABOVE NOTED PERSON(S), AND (EACH) SEPARATELY AND SEVERALLY ACKNOWLEDGED THE FOREGOING INSTRUfv'IENT AS THIS (THEIR) VOLUNTARY ACT AND DEED FOR THE PURPOSES THEREIN EXPRESSED. WITNESS MY HAND AND NOTARIAL SEAL THIS 1 1 TH DAY OF MARCH, 2002. MY COMMISSION EXPIRES JANUARY 2, 2007. �rt�C6'''''�•.. MICF-IAEL J. DANCP'�, NOTARY PUBLIC . RESIDENT OF ST. JOSEPH COUNTY /rlad lf.:r:. 0 50 1 100 150 FIND, - IRON AT U I • GROUND LEVEL SET FLUSH, 5/8" REBAR SCALE 1 = 50� CAPPED O REG. #50503503 / DATE 02/18/2002 R E V I S I O N S SCALE DATE By -50' 3/07/0JKS REVISED PER STAFF COMMENTS FILE # `,�010455,2 r� ti V' c C c L.I c Q U C 'C O C Q O: CL a i 50' O C V1 v. c c c c SHEEN / OF 1