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Home My WebLink AboutVacation - Alley - Fisher, Webster, - Peck's 2nd Subdivision of Part Bank Outlots 01 and 02ORDINANCE No. LORETTA ~: DUDA Passed by the Common Council of the City of Soutlz Bend, Indiana November 27, Attest: Attest:, 9164-00 20 00 Presented ay me to the Mayor of the City of South Bend, Indiana November 28, 20 00 City Clerk President of Common Council City Clerk Approved mid signed by me November 28, 20 00 Mtryor ORDINANCE NO. 1 ` b 1 - O~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBSTER STREET TO THE WEST LOT LINE OF LOT 18, PECK'S 2~ SUBDIVISION OF PART BANK OUTLOTS Ol AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2~ SUBDIVISION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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. 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 alley to be vacated is the first east/west alley north of Fisher Street from the west R/W line of Webster Street to the west lot line of lot 18, Peck's 2nd subdivision of part bank outlots 10 and 02 for a distance of 210 feet. Being a part of said Peck's 2nd subdivision 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 NUMBERS 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18: SAINT CASIMIR'S CATHOLIC CHURCH SECTION IV. The purpose of the vacation of the real property is because the east end of this alley and its egress to Webster Street was blacked in 1925 when the present St. Casimir Church was built . The alley under the church was never vacated. Traffic from the east end of the alley currently egresses through parish grounds to the north of the alley. This traffic through parish property creates hazards for people using parish facilities and liability concerns for the parish. The parish wishes to stop public traffic through the parish grounds without creating a dead end for the alley in the middle of the parish grounds. This ordinance vacates the length of the alley which parish property abuts on both sides. This ordinance shall be subject to the petitioner providing an ingress/egress easement to the City of South Bend to permit the division of Solid Waste to have access for trash pick-up, access through any gated areas installed by the petitioner shall be permitted with such access for City utility purposes not being unreasonably withheld by the petitioner. All such conditions shall be completed within thirty (30)days from the date of passage with copies of all agreements being filed with the Office of the City Clerk. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor. Member of the Common Cou it 1st READING ~ ~'~ ~' Ob PUBLIC HEARING (,~_Ll-Ov 3 rd READING L`_L1'OD NOT APPROVED REFERRED PASSED ~`.,L~-Da 0.S QS Q,-~.~.Q.~,,11 Fffe~ fn Cleric's ®f~fce ~0~ 2 ~ ZQA(1 LOR TfAJ. OvOA CITY CLERK >'.:0. QE!$D. ~!. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 106-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF FISHER STREET FROM THE WEST R/W LINE OF WEBSTER STREET TO THE WEST LOT LINE OF LOT 1$, PECK'S 2~ SUBDIVISION OF PART BANK OUTLOTS O1 AND 02 FOR A DISTANCE OF 210 FEET. BEING A PART OF SAID PECK'S 2~ SUBDIVISION 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: Add to the end of Section IV: This ordinance shall be subject to the petitioner providing an ingress/egress easement to the City of South Bend to permit the division of Solid Waste to have access for trash pick-up, access through any gated areas installed by the petitioner shall be permitted with such access for City utility purposes not being unreasonably withheld by the petitioner. All such conditions shall be completed within thirty (30)days from the date of passage with copies of all agreements being filed with the Office of the City Clerk. Andrew Udjak Chairman Oct 30 GU 1i:3?a... Paul Fujawa Ensineers 219-288-4640 p.l PETITIOPI TO VACATE PUBLIC RIGTiTS-OF-WAY (,S~F~ESTS IAI,LEY 51 TO THE COI'.MON COUNCIL OF THE C_TTY OF SOUTH BEND, INDIANA DATE: I (WE), THE t7NDERSSGNED PROPERTY OWNERjS), PETYTIOPi XOU TO VACATE: A. fiHE ALLEY DESCRIBED AS: The alley to vacated is the first East/west alley North of fiisher Street from the West R/W Iine of Webster Street to the West lot line of Iot 18, Peck's 2nd subdivision of Part Bank outlots O1 and 0? for a distance of 214 Feet. Being a part of said Peck's 2nd Subdivision to the City of South Bend; St, 3oseph County; Indiana. NAME (sigaed & pria~ed) St. Casimir Catholic Church, ADDRESS 1308 West Dunham Street South Bend, Indiana 46619 ~~G Father Thomas IJemos; C:S.C Pastor ~I,Q^'~ A d. DLIDA RETUR2,i TO: OFPICE OF THE CITY CLERK LORETTA J'. DUDA, CITY CLr.RI{ ROOM 455-COUNTX-CITY BUILDII3G SG'Jfi 3£:~D, IN 4bE0i 219-235-9221 S:OT S tl~~rougli 18 inclusive CONTACT PERSON (S) NAME: PAUL FLJAWA ADDRESS: II21 WEST GRACE STRI'sET l ~QUTH BEND. IN 46619 PHONE: 219-2.88-4640 (work) ... O 0 _o I~ 0 M1N0 ~o Q -~}-- - N ~ ~ a -r- T _~ ~ ~ ~ ~' I Q ~ = o I J 0 a O of I I I I I !- I ( I ( ( ~ x- ze ~ sa ~ I ao ~a so of I III I Y n~ wN n~ ST. ~~ ALLEY VACATIONS ~I The alley to be vacated is the first East/west alley North of Fisher Street from the West R/W line of Webester Street to the West lot line of lot 18, Peck's 2nd subdivision of Part, Bank outlots 01 and 02 for a distance of 210 Feet. Being a part of said Peck's 2nd Subdivision to the City Of South Bend, St.Joseph County, Indiana ~ied to Cleric's ®ffi~e OGT 2 ~ 2t)~~ F-= N 3 cmrc~-~c, ~ Bcu~, ~r~. SAINT CASIMIR ROMAI`I CATHOLIC CHURCH 1308 West Dunham Street South Bend, IN 46619-3812 Phone: (219) 287-9551 e-mail: Stcasl45®AOL.com Wednesday, October 25, 2000 City of South Bend Office of City Clerk Room 455 County-City Building South Bend IN 46601 Re: Vacation of alley The east portion of the alley between the 1300 block of West Fisher and West Dunham Streets is a problem for Saint Casimir Roman Catholic Church. The east end of this alley and its egress to Webster Street was blocked in 1925 when the present St. Casimir Roman Catholic Church was built. The alley under the church was never vacated. Traffic from the east end of the alley currently egresses through parish grounds to the north of the alley. This traffic through parish property creates hazards for people using parish facilities and liability concerns for the parish. The parish wishes to stop public traffic through the parish grounds without creating a dead end for the alley in the middle of the parish grounds. The proposed ordinance vacates the length of the alley which parish property abuts on both sides. Sincerely, Piyn e j~~ Father Thomas Lemos, C.S.C. Pastor Enc.: Petition to Vacate Ordinance Envelopes with postage to property owners Filing fee File in Ci®6'~L'~ i~~ o~~ z ~ ~aQ~ Lp$~7YA J. ttill~ 1316 COUNTY-CITY BUILDING SOUTH BEND; INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE; MAYOR BOARD OF PUBLIC WORKS November 27, 2000 Members of the Common Council Council Chambers County-City Building, 4th Floor South Bend, Indiana 46601 1ZE: Alley Vacation Dear Council Members: PHONE 219/235-9251 Fax 219/235-9171 TDD 219/235-5567 In accordance with Municipal Code Section 18-53.8, an unfavorable recommendation is being submitted to the Common Council concerning the following vacation: The first east/west alley north of Fisher Street from the west IZ/W line of Webster Street to the west lot line of Lot 18, Peck's 2°d Subdivision of Part Bank Outlots O1 and OZ for a distance of 210 feet. Being a part of said Peck's 2°d Subdivision to the City of South Bend, St. Joseph county, Indiana. For your information, the Board received favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, and the Department of Economic Development, subject to any utility easements that maybe required. The Division of Engineering has stated that this vacation would create a dead end alley. The relief to this situation is the traffic outlet that the church desires to eliminate. Area Plan stated that St. Casimir Church is built over an alley that was never vacated. The vacation would also need to be subject to a turning radius easement at the eastern extent of the alley for alley traffic from the east. Solid Waste did not give a recommendation, however, trash would need to be picked from the front of the residences, rather than in this alley. Therefore, the Board submits to you an unfavorable recommendation concerning this vacation. Sincerely, Anger K. Jacob, erk Attachments 0 1 rD9952 GRANT OF EASEMENT ALLEY VACATION FOR INGRESS/EGRESS RECORDED ON 03-09-2001 10:13:20 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER THIS GRANT OF EASEMENT made this /O~`~c~ay of FEE: 1,~6~ by the St. Casimir ~ Church, 1308 Dunham, South Bend, Indiana, (Grantor), in favor of the City of South Bend, Indiana (Grantee). WITNESSETH THAT: WHEREAS, St. Casimir ~ Church owns certain real estate located at ADDRESS in the City of South Bend, Indiana; and WHEREAS, the City of South Bend, Indiana desires a right of ingress and egress upon St. Casimir' :church property from a vacated alleyway off of Dunham; and WHEREAS, St. Casimir ~~ Church desires to grant rights of easement for the purposes of ingress and egress, inasmuch as it presently appears such grant of easement will assist the City in maintenance, trash pick-up and other City functions. NOW, THEREFORE, for and in consideration of the foregoing, of the agreements and covenants herein contained and other good and valuable consideration given by each party hereto unto the others, the receipt of sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. St Casimir .Church of 1308 Dunham, South Bend, Indiana, does hereby grant to the City of South Bend, an exclusive right, privilege and easement for ingress and egress to the City of South Bend, Indiana, in the alleyway located at 1308 Dunham, South Bend, Indiana, as designated on Exhibit "A" -Diagram of property of St. Casimir Church and legal description. 2. Access. St. Casimir Church of 1308 Dunham, South Bend, Indiana, agrees to grant the City of South Bend a loci{ and key ir. its possession to enter any and all gates on the vacated Dunham alleyway. 3. Appurtenant. The easement granted herein shall benefit and be appurtenant to the City of South Bend, Indiana and private utilities with facilities in the alley. 4. Easement Irrevocable. The wanting of this easement shall be irrevocable. GRANTOR: ST. CASIMIR c CHURCH GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS B / P~ Y~ ~., Gary A. Gilot, President STATE OF INDIANA ) _ ' SS: ST. JOSEPH COLIN'TY ) Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared (St. Casimir ~~~ Representative), personally known by me to be the (Title) of St. Casimir .~' Church of South Bend, Inc., and acknowledged the execution of this Grant of Easement as their voluntary act or deed. 2001 my hand and Notarial Seal this 21 day of F~U.ARY ,:~99g; Notary Public A resident of St. Joseph County, IN :xpires: This instrument was prepared by Frank E. Schaffer, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana 46601. JUNE 20, 2008 ~-- . C therine Roemer, Member G Donald E. Inks, Member A ST: Angela K. cob, Clerk STATE OF INDIANA ST. JOSEPH COUNTY SS: Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared Gary A. Gilot, M. Catherine Roemer, and Donald E. Inks personally known by me to be members of the Board of Public Works of the City of South Bend, Indiana, and acknowledged the execution of this Grant of Easement as their voluntary act or deed. WITNESS my hand and Notarial Seal this Y~''~'day of ~ , 2001. My Commission Expires: -~ N ~~~3 O ... 0 _o l~ 0 MATER MINO n to Z 9 ~"'- ~ F- -~- - N _F_ 8_ - -r T- ~ I (n Z ~ ~ `" J . Q I N ~ 2 I ~ Q O Z = Q: Q ~S Q~G Access Easement Description An access easement being a port of the west half of the southwest quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the northwest corner of lot 18, Peck's 2nd Subdivision of Part Bank Outlot 101 and 102, said corner being also the south right of way line of a vacated alley, thence east along said south right of way line, 65 feet to a point 3 feet east of the northeast corner of lot 17, Peck's 2nd Subdivision; thence north parallel to the east lot line of lot 8 in said Peck's 2nd Subdivision, 142 feet to the south right of way line of Dunham Street; thence west along said south right of way line of Dunham Street, 12 feet; thence south parallel with said east line of lot 8, 120 feet; thence southwesterly to the north right of way line of said vacated alley to apoint that is 3 feet west of southwest corner of lot 8 in said Peck's 2nd Subdivision; thence west along the north right of way line of said vacated alley to a point 10 feet west of the southwest corner of lot 7 Peck's 2nd Subdivision; thence south 12 feet to the south right of way line of said vacated alley and the place of beginning. .- O of I I I I I ~ ~ I I I I 24 23 28 27 28 29 130 19 20 of I I I I I Y ni iNNann ~ ~ ST. 1316 CoUNrY-CITY BUILDING 227 W. JEFFeRSON BoULEVAxD SOUTH BEND, INDIANA 46601-1830 PHONE 2191235-9251 Fax 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GAxY A. GILOT, P.E. DIRECPOR OF PUBLIC WORKS St. Casimir Church 1308 Dunham South Bend, Indiana 46619 RE: Grant of Easements Dear Gentlemen: August 28, 2001 The Board of Public Works, at its February 12, 2001 meeting, approved the above referred to document. The document was recorded with the St. Joseph County Recorders office on March 9, 2001. Enclosed are copies for your records. Enclosure Sincerely, Angela K. Jacob, Jerk ENGINEERUdG ENVmONMENfAL SERVICES CENTRAL SERVICES CARL LrrrttELL, P.E. JOHN J. DILLON, PH.D. MATT CHLESOWSK( 219/235-9251 219/277-8515. 219/235-9316 FAx 219/235-9171 Fax 219/277-8980 FAx 219/235-9007 STRF.EI'S SAM HENSLEY 219/235-9244 Fax 219/235-9272 WATER WoRxs joHN F. $TANCAl7 219/235-9322 Fax 219/235-9728