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Home My WebLink About21-17 Vacation- At Western Ave. & Taylor St. (Kevin & Shelly Baumgartner) Filed in Clerk's Office December 30,2016 MAR 2 7 2011 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN City Engineering Department We, Kevin and Shelly Baumgartner would like to submit a Petition for Closure(Vacation)of Pubic Rights- of Way. This is pertaining to the alley between our property at 316 South Taylor Street and the property owned by CS&L The Communication REIT. The alley runs approximately three feet from our house. We would like to obtain rights to the alley in order to put a gate at the east entrance. Our reason for doing this is a matter of safety and privacy. The alley is often used by people attending baseball games at Four Winds Field because the surrounding vacant lots are used as parking even though cones are placed at the entrance to prevent this. It is also used as a street for traffic on a near daily basis. Another concern is the heavy amount of pedestrian traffic which again is an issue of privacy and safety. Gating in this area would provide much needed safety and privacy. It would prevent the alley from being used as a short cut for auto and pedestrian traffic. Its extremely close proximity to our property is a true cause for concern. The alley crosses another alley which runs north and south. There would still be a T shape alley access behind our property. By gating rather than fencing the rear portion of the alley would keep it accessible if necessary. CS&L has agreed to our request. Please see the attached copy of our most recent correspondence which is a signed agreement from the Senior Vice President of Operations. Also attached is a photo of the the properties. Thank you for your consideration in this matter. Sincerely, Kevin and Shelly Baumgartner 315 South Taylor Street South Bend, IN 46601 574-234-6182 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF WESTERN AND SOUTH OF WAYNE RUNNING APPROXIMATELY 118'FROM THE EAST RIGHT-OF-WAY OF SOUTH TAYLOR STREET 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: FIRST EAST/WEST ALLEY NORTH OF WESTERN AND SOUTH OF WAYNE RUNNING APPROXIMATELY 118'FROM THE EAST RIGHT-OF-WAY OF SOUTH TAYLOR STREET 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: 018-3012-0409 018-3012-0412 018-3048-184101 018-3012-0422 018-3012-0408 018-3012-0406 018-3012-0411 018-3012-0424 018-3012-0421 018-3012-041101 018-3012-041201 018-3048-1842 018-3012-0407 018-3012-042001 018-3012-0410 Section IV. The purpose of the vacation of the real property is A concern for public safety and property protection along the alley as the home is positioned extremely close to the alley. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Kareemah N. Fowler, City Clerk Office of the City Clerk �'zmented 6� me to t/e ax of t/e '� of 0'&WA AVend, JnduLnr�, an ICIW ---- °f--------------- 20-16 apt --- a 'd,,4 --• Kareemah N. Fowler, City Clerk Office of the City Clerk �br,~d and drpned if an t/,e ---- dal af--------------- Pete Buttigieg, Mayor City of South Bend. Indiana Filed in Clerk's Office MAR 2 7 2017 KAREEMAH FOWLER CITY CLERK.SOUTH BEND,IN Filed in Clerk's Office PETITION TO VACATE PUBLIC RIGHTS-OF-WAY MAR 2 2017 STREETS/ EY KAREEMAH FOWLER TO THE COMMON COUNCIL OATS: - - CITY CLERK,SOUTH BEND.IN OF THE CITY OF SOUTH BEND,INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S),PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: 'Rift i i 1 B. THE STREET DESCRIBED AS: NAME(signed&printed) ADDRESS LOS'# GO-94TACT PERSON(S) NAME: RETURN TO: , OFFICE OF THE CITY CLERK( ADDRESS: -j- JOHN VOOfU)E,CRY CLERK ROOM 45S-COUMTY-CITY BUILDING SOUTH BEND,IN 46W1 674-23S-9221 PHONE: ? 3yo-�-l�t�t.� �e,�► I i 10802 Executive Center Drive CS &L Benton Building, Suite 300 Little Rock,AR 72211 The Communications REF Filed in Clerk's Office November 30, 2015 MAR 2'7 2017 KAREEMAH FOWLER CITY OF SOUTH BEND CITY CLERK,SOUTH BEND,IN OFFICE OF THE CITY CLERK ROOM 455, COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 Attn: City Engineering Office To whom it may concern: CS&L The Communications REIT has agreed to vacate rights to our portion of the alley way between our property at 318 South Taylor Street and 316 South Taylor Street, giving all rights to Kevin and Shelly Baumgartner. We have agreed to do so in order to make it possible for Kevin and Shelly Baumgartner to construct a gate in the alley between the two properties at the rear of the Baumgartener's property. This will result in more security and privacy for both properties. We have no reservations regarding the vacating of our portion of the alley rights. Sincerely, 4A15A Jeff Sma1f Senior Vice President of Operations CS&L The Communications REIT 10802 Executive Center Drive• Benton Building, Suite 300 •Little Rock,AR 72211 r 4 0 U Ord 1316 COUNTY-CITY BUILDING v ,d PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS April 25,2017 Kevin and Shelley Baumgartner 315 S Taylor South Bend,IN 46601 RE: Alley Vacation— First East/West Alley North of Western Avenue, South of Wayne St., Crossing Over the Intersection with the North/South Alley (Preliminary Review) Dear Mr.and Mrs.Baumgartner: The Board of Public Works,at its April 25,2017,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: Community Investment gave an unfavorable recommendation based on the vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located.As predominant land owner within the block, the City wishes to preserve each of the current alley accesses for future redevelopment. Engineering noted the vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient,as there may not be adequate space to access the west side of the back garage if the alley is vacated. Area Plan stated, per IC 36-7-3-13, 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. Therefore,the Board of Public Works submitted an unfavorable recommendation for the vacation of this alley. Please contact Donna Hanson at(574)235-9254 prior to pickinu up your 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. Sincere , C-AZ�- Linda .Martin,Clerk l c: Federico Rodriguez,Fire Department Donna Hanson,Engineering Alkeyna Aldridge,City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU i I SpUik� u� \ is yC7 d.45 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/6/2017 TO: Pete Kaminski, Street Department `ib(iff Bronstetter, Solid Waste a t Longfellow, Engineering Department +. ris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Ima. lion ,co.st- se h.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO ( m riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET/ALLEY VACATION APPLICANT: Kevin and Shelly Baumgartner LOCATION: 1st ENV Alley N. of Western and S of Wayne running approximately 118' from a Row to S. Taylor Street DATE DUE: April 18, 2017 FAX OR E-MAIL TO: 235-9171 / Imartin(a-)_southbendin.gov 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 CITY OFSOUTH BEND ,'" rkd"'e 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS = " SUITE 1316 COUNTY-CrrY BUILDING FAX 574/235-9171 " ,•�;: SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form *THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING DEPARTMENT PRIOR TO GRANTING A RADIUS MAP* Submission Date: 4/4/17 Applicant Name: Kevin and Shelly Baumgartner Phone#:574-234-6182 Email:skgambit @gmail.com Property Address: 316 S. Taylor Applicant property information: ■❑ Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries(ex. 1 St EW Alley N of Western and S of Wayne running Church PI,between E.Colfax Ave&E. LaSalle Ave): approximately 118' from the E ROW of S. Taylor Street Is your property adjacent to the alley of interest? ❑■ Yes ❑ No Do you own all adjacent properties to the alley of interest? N Yes No If no,use the attached table to provide the following information for all affected property owners: Name,Address,Consent for the proposed alley vacation Reason for street/alley vacation and proposed use: Traffic is very close to house and is dangerous. Alley is unused. Does the existing alley provide garage access to other property owners? ❑ Yes A No Does the alley receive daily traffic excluding your own use? ❑ Yes N No Would the vacation hinder public access to any of the following:a church,school,or any ❑ Yes No other public building or place? OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: ❑ Yes, No Board of Public Works Authorized Signatures: M4 42t2dZ Version 1.0[6/14/2016] i 10802 Executive Center Drive Benton Building, Suite 300 CS &L Little Rock,AR 72211 The Communications REF November 30, 2015 CITY OF SOUTH BEND OFFICE OF THE CITY CLERK ROOM 455, COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 Attn: City Engineering Office To whom it may concern: CS&L The Communications REIT has agreed to vacate rights to our portion of the alley way between our property at 318 South Taylor Street and 316 South Taylor Street, giving all rights to Kevin and Shelly Baumgartner. We have agreed to do so in order to make it possible for Kevin and Shelly Baumgartner to construct a gate in the alley between the two properties at the rear of the Baumgartener's property. This will result in more security and privacy for both properties, We have no reservations regarding the vacating of our portion of the alley rights. Sincerely, c: Jeff S 1 Senior Vice President of Operations CS&L The Communications REIT 10802 Executive Center Drive-Benton Building, Suite 300-Little Rock,AR 72211 ,S%tZ7/va r tiv.7d � —• •v y�Y `°�+�: 7L 45 4aae 4 'T/4B.zDe.Z.A►/�G 9. o I� `h P 41 .25 lis.s oQ 7 ml �. P 4� l0 D358 97 K G9 1 48 -'A IA5 B F ri IH-3Q� l r-- -03Cb0 Il-038/ -1807 sG j)7 SUB. 1 �tl //S. 115.7 v I _ a.s -IBao .5-0373 P 89 823 hR P r 0374 �� I 0 33G4 4- -- / th -0384 I ' o a m�5 75 -03� OWA -0377 14 4 7 50 4fs. h�,4 -0378 F� 37.75 /4 ' I Id a9.1s ae 35.b eo 5 ° G3 so 69.15 C. 5/ P WAYNE l— M ,57.75 77,3, /4 /i6.3 h 113.5 1 !4 I/1b.3 h :7 ol 4) 1 775 »7D -1841.01 cc �� 115 -i- 2ao� I Q m _y 4 - 0 t 7.7s s77i , vl td IS-3�1� « , nsys m � /5.3 -1842 775 3 7.7. ol os - � x (18-301'2 04/2 Pf.2 21 ,n 67.73 3773 442.e IVQC. _ lD 4-0¢.22 -- -1849 �' S -0445 -04.24 3 P _ 5 in -D42b ror0 37.76 s77s u�.s /24.3 /53 - 54 /91.6 ------- ' Yl -3 1s s. 1 O R AGE T TZ,� /0 P �'�o6o l •E, T. 3 7 N. R.2 E. i �/� EC. i E. /2 N CITY OF SOUTH BEND �n,.t' <D4.'. 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS ` '� )FiI SUITE 1316 COUNTY-CITY BUILDING FAX 574/235-9171 SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form *THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING DEPARTMENT PRIOR TO GRANTING A RADIUS MAP* Submission Date: 4/4/17 Applicant Name: Kevin and Shelly Baumgartner Phone#:574-234-£182 Email:skgambit @gmail.com Property Address: 316 S. Taylor Applicant property information: 0 Residential ❑ Commercial ❑ industrial Describe the general alley location with boundaries(ex. 1 St EW Alley N of Western and S of Wayne running Church Pl,between E.Colfax Ave&E.Lasalle Ave): approximately 11 8'from the E ROW of S. Taylor Street Is your property adjacent to the alley of interest? Yes ❑ No Do you own all adjacent properties to the alley of Interest? Q Yes ❑ No if no,use the attached table to provide the following information for all affected property owners: Name,Address,Consent for the proposed alley vacation Reason for street/alley vacation and proposed use: ` Traffic is very close to house and is dangerous. Alley is unused. Does the existing alley provide garage access to other property owners? ❑ Yes ❑■ No Does the alley receive daily traffic excluding your own use? ❑ Yes ❑■ No Would the vacation hinder public access to any of the following:a church,school,or any El Yes No other public building or place? i OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: ❑ Yes ❑ No Board of Public Works Authorized Signatures: version 1.0(6/14/20161 EXCELLENCE + ACCOUNTABILITY ,+ INNOVATION INCLUSION E 2 "' 1018-301►2-0406 '� '•' •�, , 018-3012-0409 r 0- 0 8-3012-047 ' r- 0 8-301.2-04 . . . �r 018-3012-0410 018-301►2-041x1 k 048-1842 018 `^ } M -3012-041101 t_ arm t i e +� tr• , 018-3012-0421 { � ' 018-3012-041201 018-3012-0422 018-3012-0425 r M1 vl� .ter ry ssYE.� . _ � -, tti' _ .�`_ � '��• �- - City of South Bend Alley Vacation Radius Map e w Dept. of Public Works 227 W Jefferson Blvd. #1316 Properties within 150' "" South Bend, IN 46601 Phone: (574) 235-9251 Kevin and Shelly Baumgartner 150' Buffer 1St EW Alley N of Western and S of Wayne running Date Prepared: 4/4/2017 approximately 118' from the E ROW of S.Taylor Street. Raschelle Beckwith From: Eugene Eyster Sent: Thursday,April 06, 2017 10:36 AM To: Raschelle Beckwith Subject: Re: Request For Recommendation-Street/Alley Vacation Ms. Beckwith, The Police Department would have no recommendation regarding this request. Lt. E. Eyster Sent from my iPad i On Apr 6, 2017, at 10:16, Raschelle Beckwith<rbecl<wit @southbendin.gov>wrote: Y/tale/relle Y/,;,�ec/riaif/r, Department of Public Works,Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend,IN 46601 (574)235-3168 Rbeckwitgmsouthbend i n.eov Nilj EXCELLENCE + ACCOUNTABILITY n INNOVATION INCLUSION <AV Baumgartner westrern wayne.pdf> i Raschelle Beckwith From: Matt Longfellow Sent: Friday,April 14,2017 10:27 AM To: Raschelle Beckwith Cc: Toy Villa; Roger Nawrot; Kara Boyles; Donna C. Hanson Subject: RE: Request For Recommendation-Street/Ailey Vacation Attachments: Engineering response.pdf Engineering has no objections to this vacation request; however,the petitioner must understand they may not have adequate space to access the West side of their back garage with a vehicle if the alley is vacated. They will still have garage access off of the N/S alley(East side of garage)though. From: Raschelle Beckwith Sent:Thursday,April 06,2017 10:17 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow <mlongfel @southbendin.gov>;Chris Dressel<cdressel @southbendin.gov>; Federico Rodriguez <frodrigu @southbendin.gov>; Eugene Eyster<eeyster @southbendin.gov>; Imalioz @co.st-joseph.in.us; pmgriffin@nisource.com Subject: Request For Recommendation-Street/Alley Vacation Mi&I,e�/e ffe4wit/t, Department of Public Works,Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend,IN 46601 (574)235-3168 Rbeckavitasouthbendin.gov -4 L;2 - EXCELLENCE - ACCOUNTABILITY = r INNOVATION INCLUSION E Linda Martin From: Chris Dressel Sent: Tuesday,April 18,2017 3:00 PM To: Raschelle Beckwith Cc: Linda Martin;Tim Corcoran Subject: RE: Request For Recommendation-Street/Alley Vacation This request receives an unfavorable recommendation based on it would hinderthe growth or orderly development of the unit or neighborhood in which it is located. At this time,the City of South Bend as the predominant land owner within the Wayne/William/Western/Taylor block wishes to preserve each of the current alley accesses for future redevelopment. Christopher D. Dressel,AICP Planner Brownfields Coordinator Bicycle Coordinator Department of Community Investment (574)235-5847 cdressel@southbendin.gov City of South Bend 227 W.Jefferson Blvd. South Bend, IN 46601 http://www.southbendin.gov From: Raschelle Beckwith Sent:Thursday,April 06,2017 10:17 AM To: Pete Kaminski;Michael Bronstetter; Matt Longfellow; Chris Dressel; Federico Rodriguez; Eugene Eyster; imalioz @co.st joseph.in.us;pmgriffin @nisource.com Subject:Request For Recommendation-Street/Alley Vacation Department of Public Works,Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend,IN 46601 (574)235-3I68 Rbeckwit@,southbendiii.gov EXCELLENCE + ACCOUNTABILITY = INNOVATION INCLUSION E