HomeMy WebLinkAboutVacation of First E/W Alley North of California Ave. Between Sherman Ave. and the North/South AlleyORDINANCE No. 10419-16
Passed by the Common Council of the City of South Bend, Indiana
January 25, 20 16
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
January 25, 20 16
Approved and signed by me 2 20
City Clerk
President of Common Council
City Clerk
6 i1 X0__6
ORDINANCE NO. 10� 1q- i o
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
FIRST E/W ALLEY NORTH OF CALIFORNIA AVE. BETWEEN SHERMAN AVE.
AND THE NORTH /SOUTH ALLEY
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 ORDERED 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 EAST/WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM
THE EAST RIGHT OF WAY LINE OF SHERMAN AVENUE TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 128 FEET AND A WIDTH OF 10
FEET. BEING A PART OF WARDS SUBDIVISION AND A PART OF
MUESSEL'S 1ST ADDITION TO THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, 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:
018 - 1085 -3608
018 - 1085 -3609
018 - 1085 -3610
018 - 1085 -3611
018- 1085 -3597
SECTION IV. The purpose of the vacation of the real property is
to repurpose an unused alley, increase vehicular safety, to improve the quality of
life and to address public safety concerns.
This is an east/west cross alley which has not been maintained with either
asphalt or gravel. It is currently grass area, with neighbors maintaining. Vehicles
could not safely access the alley in its current condition. The vacation will
additionally help to contain trash and provide ownership of an unused alley
easement.
SECTION V. This ordinance shall be in full force and effect from and after
its passage by the Common Council an7apro I the Mayor.
Member of the Common Council
Attest:
aze,.
City Clerk
Presented by me to the Mayor of the Coty of South Bend, Indiana on the
day of r � -1,�, 2 at 'l '� C o'clock m.
City CI rk
Approved and signed by me on the day of 44 a, t A 2 d / �, at
30 o'clock of .m.
1 st READING i L—I �` � -C
PUBLIC HEARING 0�- 14
3 rd READING o
NOT APPROVED
REFERRED
PASSED
Mayor, Sout nd, Indiana
Filed In Clerk's Office
JOHN V0014DE
CITY CLERK, SOUTH BEND, IN
CROSS ACCESS EASEMENT AGREEMENT
This daL clay of January, 2016 between Kimberly Bonenfant - Juwong, an individual, the
owner of the Appl�cant Property (as defined below) and the Adjacent Owners (as defined below).
RECITALS
1. The Applicantl hereby represents that it owns the real property described as Exhibit A.
2. The Applicant desires for the first public alley running East/West, North of California Avenue
from the East right -of -way line of Sherman Avenue to the first North/South alley in South
Bend, Indiana,1 and more particularly described as Exhibit B (to be vacated).
3. The Applicant represents that the properties listed consist of Exhibit C -1 throw
(collectively, `Exhibit C ") are all of the properties that currently have access to the to be
Vacated Area (the "Adjacent Properties "), and that the four owners of these Adjacent
Properties listed on Exhibit C consist of all of the owners of the Adjacent Properties (the
"Adjacent O ners "). Where applicable, the Adjacent Owners and the Applicant shall be
referred to collectively as the "Property Owners ".
4. The Applicanlrepresents that she has legally obtained the signature of all of the Adjacent
Owners, and tat any omission of a Property Owner currently having access to the Vacated
Area or an individual or entity with an ownership interest therein is inadvertent.
5. Any Owner o
property adjacent to the Vacated Area 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 Owner at issue had and continues to access
the Vacated Area.
The signatures of the Applicant and /or the Adjacent Owners to this original
Agreement ar
not necessary for such an Affidavit to amend the Agreement. However, only
the owners of
property adjacent to the vacated area may become a party to this Agreement.
6. This Agreement shall not be recorded until it has been acknowledged by the City of South
Bend, Indiana Board of Public Works (the "Board "). Said Agreement shall not be effective
until said Air ement is recorded.
7. The Applican# hereby acknowledges that she is solely responsible for the accuracy, and
completeness f this Agreement. The Applicant, the Adjacent Owners and any other interested
party hereby acknowledge that the Board, in its Acknowledgement of Receipt of this
Agreement, is in no way verifying the accuracy, completeness or effectiveness of this
Agreement. T a Board expressly disclaims any obligation to review of verify the terms or
effectiveness this Agreement. Any decision by the Board or the City of South Bend, Indiana,
is made indep ndent from the effectiveness of this Agreement, although each may require
receipt of such an Access Easement Agreement or similar document as part of its decision -
making process prior to making its determination as to whether to grant Applicant's request to
vacate the public alley at issue herein.
8. The purpose of this easement is to allow traffic flow between the properties and to allow the
Adjacent Owners to continue having access to their garages or other improvements and to
allow access for maintenance of said properties.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The Property Owners hereby grant and convey to each other, their successors and assigns,
permanent, exclusive and perpetual easements 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 garages or other improvements or for periodic maintenance
equipment.
2. The easement to be created shall burden and benefit both the Applicant's property as well as
property of Adjacent Owners. The easement shall run with the land and shall be binding on
and shall inure to the benefit of the Applicant and the Adjacent Owners as well as the respective
heirs, successors or assigns of the Applicant and the Adjacent Owners.
3. Any agreement to terminate or modify the easements to be granted must be approved and
executed by the Applicant, all Adjacent Owners and /or their successors and /or the successors
in interest to the Applicant and the Adjacent Owners. Said Agreement to terminate or modify
the Easement Agreement must be approved in writing by the City of South Bend in order to be
effective.
4. The Applicant and the Adjacent Owners have agreed to make all necessary improvements to
their respective properties so that said properties do not interfere with the Applicant and /or
Adjacent Owners' ability to use the vacated area as set forth in this Agreement.
5. The Property Owners agree to maintain the vacated area that will be located adjacent to their
respective properties in a reasonable manner and at their sole expense. 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 their pro -rata share (which each pro -rata share determined by each Property
Owner's portion of the total frontage along the Vacated Area).
6. 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.
2
7. This Agreement to create a Cross Access Agreement shall be recorded immediately upon
execution by the Property Owners and acknowledged of 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 on 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 Owners 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.
The individual executing this Agreement as the Applicant hereby affirms under the pains
and penalties of perjury that the foregoing representations are true and accurate to the best
of her 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:
Kimberly B nenfa t- uwong
STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Kimberly Bonenfant - Juwong, known to me to be the Applicant specified above and
acknowledged the execution of the foregoing Agreement.
IN WITNESS WHEREOF, I have hereuM subscribed my name and affixed my official
seal on this 92— day of January, 2016.
MILLER
JAMIE R.
Notary Public. State of Indiono
,Notary Public
=0_"b
,
,t County Elkho tj CammIS510n 67p1Ires
Exp
Residing in
El�c
My Commission
09, 2023
July
I y
Filed in �e
(Applicant Signature Page)
N 25 ZCiG j
�M v
CITY CLERK, END, IN
Street Address: 10'
Tax Id. Number(s)
Recording No. of
Applicant's Deed:
Applicant's Deed
Recording Date:
EXHIBIT A
Description of Applicant Property
.5 California Avenue, South Bend, Indiana
018 - 1085 -3611
12,i
Doc. No. or Deed Book , Page
The alley to be va
of way line of She
of 10 feet. Being
South Bend, Portf
EXHIBIT B
Legal Description of Vacated Area
tted is the first East/West alley North of California Avenue from the East right
nan Avenue to the first North/South alley for a distance of 128 feet and a width
part of Wards Subdivision and a part of Muessel's 1 st Addition to the City of
Township, St. Joseph County, Indiana.
EXHIBIT C -1
Description of Adjacent Owner and Adjacent Property
Adjacent Property
Owner(s) of Record: Rachel L. Jonker
Interest Owned: Fee Simple
Street Address: 1023 California Avenue, South Bend, IN 46616
Tax Id. Number(s): 018 - 1085 -3608
Record No. of
Applicant's Deed: Doc. No. 1'14L) or Deed Book , Page
Owner's Deed 0 �3/' q /moo' I f
Recording Date:
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: 6umV 234 201
ADJACENT OWNER
By: -
Printed Name: Rachel L. Jonker
STATE OF INDIANA )
)SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said County and State, personally
appeared Rachel L. Jonker, known to me to be the Applicant specified above and acknowledged
the execution of the foregoing Agreement.
IN WITNESS WHEREOF, I have here
seal on this /?5 day of January, 2016.
JAMIE R. MILLER
%Notory Public. Stale at Indiana
?* �— ; :=
Elkhart County
Commission # 670197
'.� .,,.•* ��
My Commission Expires
'0111,,tlw,,,,ao
July 09, 2023
:xibed my name and affixed my official
Notary Public
L
Residing in �1/�yLQ' -� , Indiana
Adjacent Pr(
Owner(s) of
Interest Owned:
Street Address
Tax Id. Number(s):
Description of Adjacent Owner and Adjacent Property
Near Northwest Neighborhood, Inc.
Fee Simple
1019 California Avenue, South Bend, IN 46616
018- 1085 -3609
The Near Northwest has been presented with a Resolution of the St. Joseph County
Commissioners to transfer ownership of the property interest specified above. Legal efforts are in
process at this time to effect the transfer. That Resolution is numbered R -16 -C -2015 and dated
September 1, 2015. I have reviewed this Cross Access Easement Agreement and am duly
authorized to annrove and execute it.
DATE: I/�� �7-a, � /
ADJACENT OWNER
*NNortthh t Neighbo rhood, Inc.
ByPrinted Name:
I
STATE OF INDIANA )
)SS:
COUNTY OF � ST. JOSEPH )
Before me the undersigned, a Notary Public in and for said County and State, personally
appeared Near Northwest Neighborhood, Inc. by , known to me to be the
Applicant specifie4 above and acknowledged the execution of the foregoing Agreement.
IN WITN)SS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on this .1� day of January, 2016.
Residing in �E (l ko'r f -- , Indiana
JAMIE R. MILLER
Notary Public. State of Indiana
k0fA)?p
Elkhart County
�- Commission S 670197
SEAS
My Commission Expires
July 09, 2023
Residing in �E (l ko'r f -- , Indiana
Adjacent Property
Owner(s) of Reco1
Interest Owned:
Street Address:
Tax Id. Number(s;
Record No. of
Applicant's Deed:
Owner's Deed
Recording Date:
I am the owner of
Easement Agreem
DATE:
EXHIBIT C -3
Description of Adjacent Owner and Adjacent Property
Andrew and Jon Kara Shields
Fee Simple
1017 California Avenue, South Bend, IN 46616
is 018 - 1085 -3610
Doc. No. i4il l 3 )-7 or Deed Book Page
off-
property interest specified above. I have reviewed this Cross Access
and am duly authorized to approve and execute it.
0l / 23
ADJ FNT OWNER
By:
Printed Name: f nd w Shields ` r
Jo Kara Shields
STATE OF IANA )
)SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned Notary Public in and for said County and State, personally
appearedALvtrew T6 nio me to be the Applicant specified above and acknowledged
the execution oft e foregoing Agreement.
IN WITNESS WHEREOF, I have
seal on this g3 I day of January, 2016.
p��� J
MIE R. MILLER
�%I
.� �,. ; Notor
;NOTARY ;
Public, State of Indiana
Elkhart County
�* = C
mmission #t 670197
- .SEAS , =
:-- t4),
Gommisslon Expires
July 09, 2023
ibed my name and affixed my official
, Notary Public
Residing in e JkJ QL,r -1 , Indiana
Adjacent Pro et
Owner(s) of Re(
Interest Owned:
Street Address:
Tax Id. Numb ,-r
Record No. of
Applicant's Me
Owner's Dee
Recording Da e;
Iam the c
Easement
DA
STATE
CO
appeared N
Applicant sl
IN N
seal on this
EXHIBIT C -4
Description of Adjacent Owner and Adjacent Property
d: Near Northwest Neighborhood, Inc.
Fee Simple
1008 Sherman Avenue, South Bend, IN 46616
018 - 1085 -3597
Doc. No.130'37114 or Deed Book Page
0; -,/o 1,-0 Is
of the property interest specified above. I have reviewed this Cross Access
-ment and am duly authorized to approve and execute it.
ADJACENT OWNER
Near ort est Ne borhood, Inc.
By:
Printed Name: / `4 7V�y
INDIANA )
)SS:
OF ST. JOSEPH )
ne, the undersigned, a Notary Public in and for said County and State, personally
Northwest Neighborhood, Inc. by �(p� 15d11A known to me to be the
led above and acknowledged the execution of the foregoing Agreement.
MESS WHEREOF, I have her eunt bscribed my name and affixed my official
L ;day of January, 2016.
JAMIE R. MILLER
Notary rumor. sole of u,e�o�a
ro�wi., Flk�a�t County
SEAt �• No
Commission r b]010)
My Commission Expires
July 09, 2023
..�" " JAMIE R. MILLER
rF Notary Public, Stole
G , Notary Public
Residing in f , Indiana
9
of Indiana
:Nor "ar•
i' �_
Elkhart County
•*
Commisslon # 670197
•SEAI.'.
My Commisslon Expires
July 09, 2023
G , Notary Public
Residing in f , Indiana
9
1316 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
September 22, 2015
Ms. Kimberly Bonenfant - Juwong
1015 California Ave
South Bend, IN 46616
PHONE 574/235-9251
FAx 574/235 -9171
RE: Alley Vacation — First E/W Alley North of California Ave. between Sherman Ave. and the
North/South Alley (Preliminary Review)
Dear Ms. Bonenfant - Juwong:
The Board of Public Works, at its September 22, 2015, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police
Department, and the Solid Waste Division. The following comments and recommendations were
submitted:
Area Plan stated that 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 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 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 half the alley from California to N/S Alley, not all the way to Portage Ave. Approval is also subject
to an access agreement with the three (3) contiguous lot owners.
Please contact Tony Molnar at (574) 235 -9254 prior to picking up N our radius map You
will need a radius map showing properties within 150' of the proposed vacation for your petition to
the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your
alley vacation packet.
Sincerely,
Linda M. Martin, Clerk
Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
GARY A. CILOT DAVID P. RELOS KATHRYN E. RODS ELIZABETH A. MARADIK BRIAN J. PAWLOWSKI