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Home My WebLink AboutAlley Vacation - James Masters1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1 S30 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Mr. James A. Masters Nemeth, Feeney, Masters & Campiti, P.C. 350 Columbia Street South Bend, IN 46601 PHONE 574/235-9251 FAX 574/235-9171 RE: Alley Vacation — First East/West Alley between St. Vincent St. and Howard St. from St. Louis Blvd. to First North/South Alley (Preliminary Review) for Blaire Adams Dear Mr. Masters: The Board of Public Works, at its September 13, 2016, 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 not 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 not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Engineering gave a favorable recommendation subject to securing and stabilizing a narrow chamfer of property to allow a turning radius. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley subject to securing an easement from the property owner for the construction of a chamfer for a turning radius. Please contact the Engineering Division at (574) 235-9251 for a drawing and measurements for that chamfer. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius man 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. Sinc rely, �daMartin, Jerk c: Federico Rodriguez, Fire Department Donna Hanson, Engineering Alkeyna Aldridge, City Clerk's Office GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU � � � I 3 i I I I I I I f R I t I I q f I �I i rot of f � I jl 14--ALLEEYY oW m C) ST, VINCENT STREET 82.5'R W f I 77 f------ ,�°�------- S°Roc' f 78 I PETITIONED PARCEL TAX KEY No. 018-5104-3611 ADDRESS: 1020 ST. LOUIS BOULEVARD TAX KEY No. 018-5104-361201 ADDRESS: 1018 ST. LOUIS BOULEVARD 81 S°��YjS I 82 I I I I I II I _ — KWARD STREET 82.5'R W This information contained herein has been assimilated from various public sources and has been compiled to assist in the placement of a building or other structure on the tract or parcel shown. This information is not intended to represent a boundary survey. Builder is responsible for verifying compliance with local building setback requirements. 72 'w J Q r 4 73 II r 14' ALLEY I 74 I I 75 f 76 I I I ALLEY VACATION �Iroaa FIDSHW aAl®,�3a raf ad g��CS' Land Surveyors, Construction Engineers & Soil Scientists SITE PLAN 715 South Michigan Street South Bend, Indiana 46601 APPROVE,) of Public Wormli. 6-24-16 INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 7/28/2016 TO: Pete Kaminski, Street Department JMike Bronstetter, Solid Waste ).1<orbitt Kerr, Engineering Department ,J hris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (lmaglioz(a�co.st- Jioseph.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin(ainisource.com) (FYI Only) FROM: Linda M. Martin, Clerk JW. SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: James Masters LOCATION: First E/W Alley between St. Vincent St. and Howard St. from St. Louis Blvd. to First N/S Alley DATE DUE: FAX OR E-MAIL TO: August 2, 2016 235-9171 / Imartin0)southbendin.aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date PETITION TO VACATE PUBLIC RIGHT-OF-WAY TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE THE ALLEY DESCRIBED AS: The East-West alley lying between Lots 79 and 80 in Sorin's 2nd Addition extending from St. Louis Street east to the first North -South Alley east of St. Louis Street. Blaire Adams RET, LLC c/o Thomas J. Gryp, Manager 15852 Asheville Lane Granger, Indiana 46530 PURPOSE OF VACATION The alley sought to be vacated lies between Lot 79 and Lot 80, Sorin's Second Addition to the City of South Bend. Lot 79 (Tax Key 018-5104-3611) has the common address 1020 N. St. Louis Boulevard. Lot 80 (Tax Key 018-5104-361201) has the common address 1018 N. St. Louis Boulevard. The alley runs the entire length of both Lot 79 and Lot 80. The Petitioner owns both lots and is the only abutting property owner. Lot 79 is a vacant lot. Petitioner wants to vacate the alley either to expand the yard on Lot 80 northward across what is now the alley to connect with the vacant Lot 79, or to construct another house on Lot 79. The alley is not used for vehicular traffic. The alley is not well -maintained. The alley is not used for trash pick-up or for access to any property. Vacating the alley will enhance the appearance of the neighborhood. A site plan showing the alley to be vacated and the abutting lots owned by the Petitioner is attached. CONTACT James A. Iv�asters (9074-71). NEMEII I FEENEY, MASTERS & CAMPITI, P.C. 31 0 Gaiumbia Street South Bend, Indiana 46601 Telephone: 574/234-0121 Attorney for Petitioner Blaire Adams RET, LLC NEMETH, FEENEY, MASTERS & CAMPITI, P.C. ATTORNEYS AT LAW PETER J. NEMETH, of counsel JAMES A. MASTERS VINCENT M. CAMPITI A. ROBERT MASTERS, also admitted in Illinois REINHOLD SCHROEDER, ofcounsel, also admitted in Michigan PETER S. NEMETH, of counsel Board of Public Works County City Building 13`h Floor 227 W. Jefferson Boulevard South Bend, IN 46601 350 COLUMBIA STREET SOUTH BEND, INDIANA 46601 TELEPHONE: (574) 234-0121 (574)233-9449 TELEFAX: (574)234-3141 www.nfmlaw.com July 21, 2016 NEW CARLISLE OFFICE: 109 EAST MICHIGAN STREET P.O. Box 259 NEW CARLISLE, INDIANA 46552 TELEPHONE: (574) 654-3722 PETER F. NEMETH (1915-1995) F. GERARD FEENEY (1918-2004) REVERE D. GOHEEN (1912-2000) RE: Petition to Vacate Alley Lots 79 and 80, Sorin's 2"d Addition Dear Members of the Board of Public Works: Enclosed is the Petition of the Petitoner and property owner, Blaire Adams RET, LLC, to Vacate the East-West alley lying between Lots 79 and 80 in Sorin's 2nd Addition extending from St. Louis Street east to the first North -South Alley east of St. Louis Street. Your favorable recommendation to the South Bend Common Council is requested. Any questions or comments should be directed to me as attorney for the Petitioner. Very truly yours, James A. asters JAM/st Enc. cc: Blaire Adams RET, LLC INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 7/28/2016 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Chris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Imaglioz co.st- ioseph.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffingnisource.com) (FYI Only) FROM: Linda M. Martin, Clerk _ fV- SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: James Masters LOCATION: First E/W Alley between St. Vincent St. and Howard St. from St. Louis Blvd. to First N/S Alley DATE DUE: August 2, 2016 FAX OR E-MAIL TO: 235-9171 / Imartinnsnuthhanrlin ,. ,, PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: This vacation would not hinder Solid Wastes operations By w \gyp Date 7-28-16 Elizabeth Horvath From: Eugene Eyster Sent: Thursday, July 28, 2016 8:50 PM To: Elizabeth Horvath Cc: Pete Kaminski; Michael Bronstetter; Patrick C. Kerr; Chris Dressel; Federico Rodriguez; Larry Magliozzi Subject: Re: Alley Vacation - James Masters Ms. Horvath, The Police Department would give this request a favorable recommendation. Lt. E. Eyster Sent from my iPad On Jul 28, 2016, at 14:31, Elizabeth Horvath <Ihorvath@southbendin.gov> wrote: Please provide your recommendations. Limey f(&rvAttJv Secretary Department of Public Works 227 W. Jefferson Blvd.,5uite 1316 South Bend, IN 46601 574-235-92SI Ex. 3168 Ihomath @southbendi n_gov <Alley Vacation - James Masters.pdf5 Elizabeth Horvath From: Sent: To: Subject: Favorable S.B.F.D. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235-7564 Mobile: (574) 876-6734 1222 S. Michigan Street City of South Bend, In 46601 Federico Rodriguez Friday, July 29, 2016 10:03 AM Elizabeth Horvath RE: Alley Vacation - James Masters frodrigu@south bend in.eov r�1 ' 4%q A�, J Everyone's Fight We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Elizabeth Horvath Sent: Thursday, July 28, 2016 2:31 PM To: Pete Kaminski <pkaminsk@southbendin.gov>; Michael Bronstetter <mbronste@south bendin.gov>; Patrick C. Kerr <pckerr@southbendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Federico Rodriguez <frodrigu@south bendin.gov>; Larry Magliozzi <LMAGLIOZ@co.st-joseph.in.us>; Eugene Eyster <eeyster@south bendin.gov> Subject: Alley Vacation - James Masters Please provide your recommendations. l.iM go"atly Secretary Department of Public Works 227 W. Jefferson Blvd -Suite 1316 South Bend, IN 46601 574-235-9251 Ex. 3168 1 horvath@southbendin.gov 71 e Elizabeth Horvath From: Chris Dressel Sent: Wednesday, August 03, 2016 7:26 AM To: Elizabeth Horvath Subject: RE: Alley Vacation - James Masters Recommended for approval provided there is no loss of access for non -petitioning property owner. Christopher D. Dressel, AICP Planner Brownfields Coordinator Bicycle Coordinator Department of Community Investment (574)235-5847 cdressel(a southbendin gov City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 httP://www.southbendin.go From: Elizabeth Horvath Sent: Thursday, July 28, 2016 2:31 PM To: Pete Kaminski; Michael Bronstetter; Patrick C. Kerr; Chris Dressel; Federico Rodriguez; Larry Magliozzi; Eugene Eyster Subject: Alley Vacation - James Masters Please provide your recommendations. Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574-235-9251 Ex. 3168 Ihorvath(Rsouthbendin gov 465 INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 7/28/2016 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Chris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (lmagIiozCg�CO.St- joseoh.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (mgriffinCa-)-nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk , SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: James Masters LOCATION: First EMI Alley between St. Vincent St. and Howard St. from St. Louis Blvd. to First N/S Alley DATE DUE: August 2, 2016 FAX OR E-MAIL TO: 235-9171 / Imartinta-gmithhanrtin "^%, PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation wetiJd/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation weald/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date 8/2/2016 Elizabeth Horvath From: Patrick C. Kerr Sent: Tuesday, August 23, 2016 6:45 AM To: Elizabeth Horvath Cc: Matt Longfellow; Toy Villa; Donna C. Hanson Subject: RE: Alley Vacation - James Masters Attachments: Masters_Alley.pdf The vacation of this alley will leave a tight T-intersection. Engineering recommends that the applicant: 1) Secure a narrow chamfer of property for the city as either an easement or Right -of -Way so that vehicles may turn off/on the E/W segment. This chamfer could be on the northeast or southeast corners. 2) Stabilize the chamfer that has been obtained per city standards. -C We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment OT.UT Tn 4% Patrick Corbitt Kerr, PhD, PE City Engineer (574)235-5931 pckerr@southbendin.eov City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 From: Elizabeth Horvath Sent: Wednesday, August 03, 2016 8:44 AM To: Patrick C. Kerr<pckerr@southbendin.gov> Subject: Alley Vacation - James Masters Please provide your recommendations. L' }(orvatly Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574-235-9251 Ex. 3168 lhomath@southbendin.gov