HomeMy WebLinkAboutVacation - Alley first n/south alley east of Kemble from north right-of-way of Calvert to south right-of-way of BruceORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana,
August 23,
Arrest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
August 24,
9024-99
19 99
City Clerk
President of Common Council
19 99
City Clerk
LORETTA J.
Approved and signed by me
August 24,
19 99
Mayor
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ORDINANCE NO . ~ ~ Z _l - 1~
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The alley to be vacated is the first
north/south alley east of Kemble St. from the
north right-of-way of Calvert St. to the south
right-of-way of Bruce St. for a distance of
approx. 204 feet and a width of 14 feet. Part
located in Kemble's Add., 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 first north/south alley east of Kemble St. from the north
right-of-way of Calvert St. to the south right-of-way of Bruce
St. for a distance of approx. 204 feet and a width of 14 feet.
Part located in Kemble's Add., 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 1486 Zahoran Funeral Home, Inc.
910 W. Bruce Street
South Bend, Indiana 46613
Lot 1488 Michael A. & Melanie Nowak
913 W. Calvert Street
South Bend, Indiana 46613
Lot 1489 Zahoran Funeral Home, Inc.
1826 S. Kemble Avenue
South Bend, Indiana 46613
Lot 1490 Zahoran Funeral Home, Inc.
1830 S. Kemble Avenue
South Bend, Indiana 46613
Lot 1491 Mrs. Al Wojciechowski
919 W. Calvert Street
South Bend, Indiana 46613
SECTION IV. The purpose of the vacation of the real property
is to access handicap parking to Zahoran Funeral Home, Inc.
and control traffic through the alley for its safety.
SECTION V. This ordinance shall be in full force and
effect from and after the recording of an ingress/egress
easement for the property located at 919 West Calvert and an
ingress/egress easement for trash removal services provided by
the City of South Bend, and passage by the Common Council and
approval by the Mayor.
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Member of the Common Council ~ ~,~
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1 st READING ~'~~~ ~ UV (j Z.1 ~~ s
PUBLIC HEARING ~-1-3~q
3rd READING ~-L~~`~ p..~
NOT APPROVED ~ ~
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
59-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTHfSOUTH ALLEY EAST OF KEMBLE ST.
FROM THE NORTH RIGHT-OF-WAY OF CALVERT ST. TO THE
SOUTH RIGHT-OF-WAY OF BRUCE ST. FOR A DISTANCE OF
APPROXIMATELY 204 FEET AND A WIDTH OF 14 FEET.
PART LOCATED IN KEMBLE'S ADDITION, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
comes 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 the recording of an ingress/egress
easement for the property located at 919 West Calvert and an ingress/egress easement for trash
removal services provided by the City of South Bend, and passage by the Common Council and
approval by the Mayor.
Charlotte Pfeifer
Chairman
' ~ a~rmrTION '~'O VACATE PUBLIC RIGHTS-OF-WAY ,
j3TREETSlALLEY31
TO THE COMMON COUNCIL DATE:
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
me~fiast north/south alley east of Kemble Street from the north right-of-way of Calvet
Street to the south right-of-way of Bruce St. for a distance of approx. 204 feet and a
width of 14 feet. Part located in Kemble's Add., City of South Bend, St. Joseph County,
B. THE STREET DESCRIBED AS: Indiana.
NAME (signed & printed) ADDRESS LO'=' ~
Melanie Nowak 913 W. Calvert Street 4~g
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IFiled in Cleric's Office
AUG 2 - 1999
LORETTA J. DUDA ....
CITY CLERK, SO. BEND, IN.
RETURN TO:
,~,, ' ' OFFICE OF THE CITY CLERK
LORETTA J. DUDA, CITY CLERK
ROOM 455-COUNTY-CITY BUILDING
' SOUTH BEND, IN 46601
. ~. 219-235-9221 ~,
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CONTACT PERSON (S)
NpMg; Patrick Nowak for Zahoran Funeral Hdme
ADDRESS: 1826 ~3. Kemble Avenue;
South Bend, Indiana 46613
PHONE: ( 219) 28717125
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ALLEY VACATION
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EA5T
OF KEMBLE STREET FROM THE NORTH RIGHT-OF-WAY OF CALVERT STREET
TO THE SOUTH RIGHT-OF-WAY OF BRUCE STREET FORA DISTANCE OF
APPROAXIMATELY 204 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN
KEMBLE'S ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
~'ited in Clerk's ®ffice
AUG Z - 1999
IORETTA J. ~DUDA
CITY CLERK, SO. DEND, W.
1~~~'
CALVERT
49
50
51
Q 195
J 194
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BRUCE
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ATTORNEYS-AT-LAW
CHARLES W. HAHN (1909-1985)
WILFORD V. WAL2 (1902-1993)
JAMES P. KNEPP
THOMAS M. WALZ
WILLIAM L. WILSON
South Bend City Clerk
Attention: Janice
County-City Building
Room 455
227 West Jefferson Blvd.
South. Bend, Indiana 46601
A PROFESSIONAL ASSOCIATION
509 WEST WASHINGTON AVENUE
SOUTH BEND, INDIANA 46601 TELEPHONE
E-MAIL: IaWy@fSC~D IIa IInWaIZ.COm (219) 234-2 118
www.hahnwalz.com (219) 232-5988
FAX (219) 234-21 19
December 17, 1999
Re: Reciprocal Easement Agreement - Zahoran Funeral Home, Inc.
Dear Janice:
Pat Nowak of Zahoran Funeral Home, Inc. asked that I send you a copy of the recorded
Reciprocal Easement Agreement for your files. If you need anything further, please advise.
Sincerely Y
Law
TMW:mrl
Enclosures:
1. Agreement.
cc: Pat Nowak
filed in ~ie~i~'s C3f~iee
pEC 2 (; 1999
t,ast~~'r~ s: o:~a~,-
C(fY CLERY., :9C.13END, IP3,
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Zahoran Funeral Home, Inc., an Indiana corporation ("First Party"), Michael A. Nowak and
S o~ c,.,J . ~.~J ~-S H--....J G ~ -
RECIPROCAL EASEMENT AGREEMENT ~>, y
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This Agreement made and entered into on the dates indicated below by and between
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Melanie Nowak, husband and wife, (collectively the "Second Party"), and Cecile B.
Wojciecho~vski ("Third Party")
RECITALS
A. First Party owns real property located in St. Joseph County, Indiana, legally
described as follows:
A lot or parcel of land 61 feet in width, East and West, taken off of and from the
entire width of the East end of Lot Numbered Three (3) as shown on the recorded
Plat of Kemble's Addition to the Town of Myler, now a part of City of South
~. ~ Bend, in St. Joseph County, Indiana. Commonly known as 910 Bruce Street,
'-~-' ~~S~outh Bend, Indiana.
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~ __- ~==Lot Numbered Four (4) as shown on the recorded Plat of Kemble's Addition to
~ `' =~,the Towri of M ler in the Ci of South Bend.
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° ~ ""Lot Numbered Five (5) as shown on the recorded Plat of Kemble's Addition to
rn ~ ~ the Town of Myler, in the City of South Bend.
B. Second Party owns, as husband and wife, certain real property located in St.
Joseph County, Indiana, legally described as follows:
A lot or parcel of land 66 feet in width, East and West, taken off of and from the
entire West ends of Lots Numbered 6 and 11 as shown on the recorded Plat of
Kemble's Addition to the Town of Myler, now within and a part of the City of
South Bend.
C. Third Party owns certain real property located in St. Joseph County, Indiana,
legally described as follows:
Page 1 of 4 Pages
The East end of Lot Numbered Twelve (12) as shown on the recorded Plat of
Kemble's Addition to the Town of Myler, now a part of the City of South Bend,
described as beginning at the Northeast corner of said Lot Numbered Twelve (12);
thence South Sixty-eight and Five Sixths (68 ~/6) feet; thence West Eight~~ (80)
feet; thence North Sixty-eight and Five Sixths (68 5/6) feet; thence East Eighty
(80) feet to the place of beginning in St. Joseph County, Indiana.
D. There exists what is now a vacated alley (described in Exhibit "A" attached
hereto) located between the properties of the parties in St. Joseph County, Indiana,
legally described as follows:
The first North/South alley lying East of Kemble Street and North of Calvert
Street and South of Bruce Street. Said alley lying between lots 3, 4, 5, 6, 11 and
12 of Kembles Addition to the City of South Bend;
E. All of the parties to this Agreement desire to have a mutual and reciprocal right to
use said alley way to the exclusion of everyone else not a party to this Agreement
pursuant to the terms of an agreement entered into by the parties; and
F. The parties desire to memorialize their agreement as follows:
IT IS THEREFORE AGREED, in consideration of the grants and agreements
made herein;
1. First Party, Second Party and Third Party each hereby grant and convey to
each other party the mutual and reciprocal right to use that portion of the
vacated alley located in St. Joseph County, Indiana legally described as
follows, which is considered by law to be owned by each party;
The first North/South alley lying East of Kemble Street and North of
Calvert Street and South of Bruce Street. Said alley lying between lots 3,
4, 5, 6, 11 and 12 of Kembles Addition to the City of South Bend;
2. These reciprocal and mutual easements herein granted shall continue until
Page 2 of 4 Pages
terminated pursuant to the terms of this Agreement and shall run with the
different parcels of real property heretofore and hereafter described.
3. This Agreement and easements granted herein may be canceled at any
" time by the mutual agreement of the'then owners of the property currently
owned by the First Party, Second Party and Third Party. Said agreement
shall be made in writing in a recorded instrument referring to this
Agreement and the legal description of the appropriate parcels of real
property.
4. The easements granted by this Agreement shall bind and inure to the
benefit of the respective Grantee or Grantees in each case and their
respective heirs, successors, assigns and successors-in-title to all or part of
the real property owned by First Party, Second Party and Third Party and
tenants, lessees, agents, employees, guests and invitees of tenants and
lessees residing on said respective properties until terminated or canceled
as provided by this Agreement.
5. It is agreed by the parties that-First Party shall have the right to install a
gate to restrict access across the easement between lots 3 and 4 of
Kembles Addition to the City of South Bend on the North and lots 5 and 6
of Kembles Addition to the City of South Bend to the South. This right
granted to said First Party shall continue until terminated, in writing, by
said First Party by recording an instrument releasing this right created by
this Agreement in the chain of title to the necessary parcels of real
Page 3 of 4 Pages
property.
6
Each parry to this Agreement shall be responsible for maintaining that part
of the vacated alley owned by said party, by law.
Executed at South Bend, Indiana on the days and year listed below.
Dated this day of ~~~~ , 1999. ZAHORAN FUNERAL HOME, INC.
~~ K
By Patrick Nowak, Secretary
Dated this3y day of .5 E? If•~'~EU2, 1999. ~ ~~~-~~
Michael A. Nowak
Dated this,~~ay of , 1999. ~' ' ,C-P,('/~~J
Melanie Nowak
Dated thisJ~~~day of ,~~mb ~- , 1999. T. ~~~'~~~-*~~~"`''~'r
Cecile B. Wo~ciechowski, by John
Wojciechowski, attorney-in-fact
Page 4 of 4 Pages