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HomeMy WebLinkAboutVacation - Alley - Washington Street - Being a part of Cottrell'sORDINANCE No. Passed by the Comntott Council of the City of Soutli Bend, Indiana September 10, Attest: Attest: 20 01 Presented by me to the Mayor of the City of Soutlt Bend, Indiana City Clerk President of Common Council City Clerk September 14, O1 Approved attd signed by me 20 _ Mayor ORDINANCE NO. ~ ~ ~ ~ _ O L AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIREST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Purseant 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: THE FIRST NORTH-SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIREST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING APART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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: LOT 171 OF THE PLAT OF SAMUEL L. COTTRELL'S ADD. TO THE CITY OF SOUTH BEND LOT 172 OF THE PLAT OF SAMUEL L. COTTRELL'S ADD. TO THE CITY OF SOUTH BEND LOT 173 OF THE PLAT OF SAMUEL L. COTTRELL'S ADD. TO THE CITY OF SOUTH BEND LOT 179 OF THE PLAT OF SAMUEL L. COTTRELL'S ADD. TO THE CITY OF SOUTH BEND LOT 178A OF THE PLAT OF COTTRELL'S FIRST REPEAT 2 SECTION IV. The purpose of the vacation of the real property is to allow for the the addition to an existing building located on Hill Street. The addition will cross the proposed vacated alley going east to St. Louis Street. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing utility easements, cross- easements and turning radii as deemed necessary by the City's Division of Engineering. The petitioner shall file copies of all recorded easements and cross-easements required by the City, with the City Clerk's Office, within forty-five (45) days of its passage of this ordinance. Member of the Cd~mon Council t sr READING g-~7 ~~ ~ PUBtIC HEARING q -\b -Ol C~ S ame.•~r~~ 3rd READING C{_~p_p1 ~S 0.m~-~~ NO t~d,~4'~ 6 ~7 ~ gaol ~s~. '.ia ~c ~.. L 5 ~i." ~ ii 7! r i J baf ~ ~s ~ ""s' ~~ 5~:f' 1 ~ ZOOf Lf7ri%77r1J. ~~~~:a ~Y '• T APPROVED REFERRED PASSED !,`_\p-'01 G~, S 0.~~Q ~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83-01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended as follows: Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the Petitioner providing utility easements, cross-easements and turning radii as deemed necessary by the City's Division of Engineering. The Petitioner shall file copies of all recorded easements and cross-easements required by the City with the City Clerk's Office within forty-five (45) days of the passage of this ordinance. Andrew Udjak Chairman Revised 10/30/01 DEED OF PUBLIC INGRESS & EGRESS EASEMENT This Indenture Witnesseth That RADIOLOGY REALTY of ST. JOSEPH County, and State of Indiana CONVEY AND GRANT To THE PUB C County, and State of Indiana of ST JOS PE_ H the receipt whereof is hereby acknowledged the following PUBLIC INGRESS & EGRESS EASEMENT OVER CERTAIN REAL ESTATE in St. Joseph County, in the State of Indiana, to-wit: SEE ATTACHED EXHIBIT "A" 1). The intent of the execution of this deed is to create a PUBLIC INGRESS & EGRESS EASEMENT over certain property of land in St. Joseph County, Indiana for the purposes of creating a triangular easement area at the northwest corner of Lot # 180 of the Plat of "Samuel L. Cottrell's Addition to the City of South Bend" as Recorded in Plat Book # 1 on Page # 49 in the Records of the St. Joseph County, Indiana Recorder's Office. The intent of this easement is to allow for vehicular turning movements from and to the existing 14 ft. wide Public Alleys adjacent to said Lot # 180. This Ingress and Egress Easement shall be valid only until such times as said 14 ft. wide Public Alleys remain open to the Public. Once said Public Alleys are Vacated through the City of South Bend, Indiana Vacation Procedure, said Ingress & Egress Easement shall become Null and Void. 2). In exchange fpr providing the above described PUBLIC INGRESS & EGRESS EASEMENT, Underwriters Laboratories, Inc. has agreed to provide certain accommodations to Radiology Realty pursuant to the terms of a separate Limited Use Agreement of the same date. IN WITNESS THEREOF, The said RADIOLOGY REALTY OWNERS. Have her et their Hands this for T~~e~~ ~ . T~v.sar FOR ~3~ day of ` ~ a~'e,"`~be'~' 2001. Radiology Realty STATE OF INDIANA, ST. JOSEPH County, ss: Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named FOR RADIOLOGY REALTY OWNERS who acknowledged the execution of the forgoing Deed to be their voluntary act and deed. 2 WITNESS, my hand and Seal this 13~ day of ~o~e~crbe,~ , 2001. My Commission expires ~~ ~3~n~ Notary Public Resident of St. Joseph County This Document Prepared by Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201, South Bend, Indiana 46628 b R1 n ~-- ~ µ ~ yty r ~ :ZJS.~H ~ ~ t7 V '~ @ r ' OtrJ ~ (~ I w '' nn C W W any N ~ w x xa ~~ ~ EXHIBIT "A" publ'c In ress & E r ss Ease e t Descri t'on: Township 37 North, Range That part of the Northeast QuarterofoSouthtBend12St. Joseph County, Indiana 2 East, Portage Township, City which is described as: Beginning at the Northwest corner of Lot # 180 0 the Plat of "Samuel L. Cotrell's Addition to the City of South $eJoseph Recorded in Plat •Book # 1 on Page # 49 in thet ecNorth lineeoftsaid Lot County. Indiana Recorder's Office; thence along 10.00 ft.; thence S. 45 - # 180, N. 90°-00'-00" E. (all bearings assumed), 00'-00" W•, 14.14 ft. more or less0pto0tOheE es101o0eftf toltheopoint8of thence along said West line, N. 00°- '- beginning. Containing 50 square feet more or less. Subject to all legal highways, easements and restrictions of record. t° 1 F' W LOT # 173 ~ a a 1 ~_'_~ LOT # 174 r Scale 1'=30' LOT # 179 W N.90.00'00'E. 0 10.00' o° ~o 14' WD. PUBLIC ALLEY 1 W Z J °o ~ S.45.00'00'W. Z 14.14' PUBLIC INGRESS A EGRESS ~ J EASEMENT AREA ~ O ~p a ~ LOT # 180 V J ' m ~ 165.0' a W z 0 J 3 3 PUBLIC INGRESS & EGRESS EASEMENT °C r -- . - DIAGRAM WM ia. O J N PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE August 21, 2001 I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH-SOUTH ALLEY WEST OF ST LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIREST EASTJWEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. B. THE STREET DESCRIBED AS: NAME signed & i ed) & ADDRESS J. Leasin _110 S. Hill Street, South Bend. Indiana 46617 Kenneth & Joyce Clearwater 613 E. Jefferson Blvd. South Bend. Indiana 46617 Kenneth & Joyce Clearwater 613 E. Jefferson Blvd. South Bend, Indiana 46617 LOT # 171, 172 Samuel Cottrell's Addition & Lot i78A of Cottrell's First Replat 173 Samuel Cottrell's Addition CONTACT PERSON (S) NAME: Danch, Harner & Associates, Inc. RETURN TO: 2422 Viridian Drive, Suite 201 OFFICE OF THE CITY CLERK South Bend, Indiana 46628 LORETTA J. DUDA, CITY CLERK (2I9) 234-4003 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 219-235-9221 ~il~d try ~l~r~s'a ~~fsc~ t~~~ ~ ~' ?009 ~o~~~,. ~u~~ cart ctcR~, ~v. o£~~, t=~, 179 Samuel Cottrell's Addition COLFAX AVE. ~~ ~ ~ ~ ° ,~ 1s1 . ,~~ r _,~_ ~~- ,~ --,~ - r ,~ - ~, , INA S H 1 N G TO N ~~° ~~° S T. ~ ~ , ~~, ~ ~_ .._ ,a, _ 1 ,.~I-~ t ~ Z ~ ,~ 1 ~ ~ ~ z s ~ 102 s 2 163 J 2 W 1 JEFFERSON Q BLVD. I-- V J WAYNE ST. ~~ ALLEY VACATION The alley to be vaLated is the first north/south alley west of St_ Louis Boulevard from the south right of way line of Washington Street to the first east/west alley for a distance of 198 feet and a width of 14 feet. being a part of Cottrell's Addition to the City of South bend, St. Joseph County, Indiana. ,n ,~6a ~ e ~' _ r'l44R1S0.0 ~~~~ 1 17'6 ! ez -~~ ~ _~~.~ 236 W~_ _~,_ -~- _~_ ~„~ _~„_ ~ -~,_ z~ 243 244 245 ~ ~6 ~•.+~ ~• ~~ LZ ~ I ~ ~~ J ~° _. L 7A8 2e0 - ~4 - - X47 _-. aao 2R2 261 its Alley Vacation Property Owners Within 150.0' J & J Leasing Memorial Hospital of South Bend Inc. J & J Leasing 61 S N. Michigan St. llo s. I-Till st. 110 S. Hill St. South Bend, 1N. 46601 South Bend, 1N. 46617 South Bend, 1N. 46617 Tax Key # 18 SO11 0322 Tax Key # 18 SO11 0307-0310 Tax Key # 18 SO11 032101 J & J Leasing Kenneth & Joyce Clearwater Kenneth & Joyce Clearwater 110 S. I-Till St. 613 E. Jefferson 613 E. Jefferson South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 SO11 0321 Tax Key # 18 SO11 0311 Tax Key # 18 SOl l 031101 Kenneth & Joyce Clearwater Kenneth R & Joyce J. Clearwater Kenneth & Joyce Clearwater 613 E. Jefferson 613 E. Jefferson 6I3 E. Jefferson South Bend, 1N. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5011 0312 Tax Key # I8 SO11 0324 Tax Key # 18 SO11 0326 John E. Jr. & Betty A. Grey Osba Lee Nicks Kenneth R and Joyce J. Clearwater 17768 E. CIeveland Rd. 124 S. Hill 613 E. Jefferson South Bend, IN. 46635 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5011 0313 Tax Key # 18 SO11 0314 Tax Key # 18 SO11 0315 Lois D. Boyer Kenneth R and Joyce J. Clearwater Kenneth R and Joyce J. Clearwater 1147 Stratford Pl. 613 E. Jefferson 613 E. Jefferson South Bend, IN. 46614 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 1$ SO11 0317 Tax Key # 18 SO11 0319 Tax Key # 18 SOl l 0320 John J. & Dawn A. Brasseur John J. & Dawn A. Brasseur Irwin H. & Gertrude Rubin 1643 S. Main St. 1643 S. Main St. S 1288 Golfview Ct. Mishawaka, IN. 46544 Mishawaka, IN. 46544 Granger, IN. 46530 Tax Key # 18 SO11 0329 Tax Key # 18 SO11 0330 Tax Key # 18 SO11 0328 Radiology Realty Northern Electric Co. Inc. Northern Electric Co. Inc. 116 N. Hill St. 720 E. Cedar St. 116 N. Hill St. South Bend, 1N. 46617 South Bend, IN. 46617 South Bend, lN. 46617 Tax Key # 18 SO11 0327 Tax Key # 18 5006 O1S9 Tax Key # 1$ 5006 0160 William C. & Mattie Sue Degroote Betty Ivanovich SW Properties 213 Edgewood Lane 619 E. Washington 401 E. Colfax Ave. Ste 108 Laporte, IN. 46350 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5006 0169 Tax Key # 18 5006 0170 Tax Key # 18 5006 0171 Filed ~~ ~12C~t'S ~ff'sc~ IOCt~TTA J. t1U~A CITY CL[Rb. fi0. ©'E' t3~~lt3. 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONe219/235-9251 Fax 219/235-9171 TDD 219/235-5567 CrrY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 6, 2001 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 RE: Alley Vacation 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 an alley vacation on the following: The first north/south alley west of St. Louis Boulevard from the right of way line of Washington Street to the first east/west alley for a distance of 198 feetand a-width of 14 feet. Being a part of Cottrell's Addition to the City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Area Plan, Solid Waste, Fire Department, Department of Economic Development and the Department of Public Works. Area Plan noted that the three properties at the southern end of the alley use the alley for access to their properties. The owners of these properties have not signed the petition to vacate this alley. Also, there are utilities present in the alley. Area Plan recommends that if the alley is vacated, that it be done so subject to providing any utility easements, cross-easements and turning radii that maybe necessary. The Division of Engineering concurs with this. Therefore, the Board submits to you a favorable recommendation concerning this vacation. Sincerely, ~~ ~ Angela K. Jacob, Clerk c: Rosemary Mandrici, Assessor's Off ce Melinda Stopczynski, Auditor's Office Attachments