HomeMy WebLinkAbout41-17 Frank Linarello Alley Vacation BUTLER and CROWLEY
LAW OFFICE
726 EAST WASHINGTON STREET
SOUTH BEND, INDIANA 46617
TELEPHONE: (574)233-9500
FACSIMILE: (574)233-9502
PAUL G. CROWLEY, ATTORNEY
pgcrowleVCcDaol.com
June 27, 2017
Filed in Clerk's Office
Common Council -- -- - -�
City of South Bend
227 W. Jefferson Blvd. JUN 28 20
South Bend, IN 46601
KAREEli A,H FOWLER
Re: Alley Vacation Request CITY CLER, K,SOlJTI-t BEND,IN
1" N/S Alley E of N. William Street from W. Marion St. To W. Navarre St.
for a distance of 419 feet and a width of 14 feet
Frank Linarello, Petitioner
Good day:
This letter is submitted on behalf of Frank Linarello, who requests that the alley between
his building and his parking lot be vacated. In so doing, his tenant, Frank's Place, will be able
to offer patio dining during the milder seasons of the year.
We acknowledge that we enter this petition process with one strike against us. The
Board of Public Works gave an unfavorable recommendation on March 14, 2017. The principal
objection was the fact that the vacation would leave a property owned by Welco RE LLC
(Welsheimers) landlocked. We have since filed an easement that gives Welco access to its
property.
Secondly, the Fire Department stated concerns that the distance from hydrants would
be increased by the vacation. While we haven't done the math, and we concede that distances
without use of the alley may be greater, we would show that the alley is not readily available for
use by the fire department now and so the vacation would not actuaiiy change the status quo.
We ask that this petition be placed on the agenda of the Common Council as soon as
possible. We would plan to appear at the hearing and provide evidence in support of our
petition.
Thank you so much.
4 13e reg
Paul G. rowley
PGC:blb
cc: Frank Linarello
C:\18&C\1KJB\Clients\L\LinarelloWlley Vacation\2017.06.27_CommonCounciILtr.wpd
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEYS)
TO THE COMMON COUNCIL DATE: Z�
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
LEGAL DESCRIPTION:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF WILLIAM STREET
(PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE STREET TO THE
NORTH RIGHT-OF-WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410
FEET AND A WIDTH OF 14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
B. THE STREET DESCRIBED AS:
NAME (signed rinted) ADDRESS LOT #
327 Marion St., South Bend IN 46601 018-1020-0852
018-1020-85201
Frank N. Lin rello 018-1020-08151
, � /J 018-1020-0850
kJ �t• U,�o-ecrL,� 521 William Street, South Bend IN 46601 018-1018-0719
018-1018-0716
William Welsheimer-Welco RE LLC
CONTACT PERSON (S)
NAME: Paul G. Crowley
BUTLER and CROWLEY LAW OFFICE
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 726 East Washington Street
KAREEMAH FOWLER, CITY CLERK South Bend, IN 46617
CC: ALKEYNA ALDRIDGE
ROOM 455-COUNTY-CITY BUILDING PHONE: 574-233-9500
SOUTH BEND, IN 46601
574-235-9221
Filed in Clerk's Office
JUN 28 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET(PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET (PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF 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:
323 Marion Street - Frank Linarello
325 Marion Street - Frank Linarello
326 West Navarre Street - Steve and Maria Tomasula
334 West Navarre Street -Welco Real Estate LLC
330 West Navarre Street - Daniel Chapman and Alberta Lee Henderson
018-1020-0852
018-1020-0851
018-1018-0714
018-1018-0716
018-1018-0715
Section IV. The purpose of the vacation of the real property is to allow for outdoor
seating for the restaurant.
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.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock M.
City Clerk
Approved and signed by me on the day of 2 , at
o'clock M.
Mayor, City of South Bend, Indiana
[Filled;in Clerk's Office
2 8 2017
KAREEMAH FOWLER
CITY CLERK,SOUTt B�
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City of South Bend Alley Vacation 150' Radius Map
mg k ,s Dept. of Public Works Frank Linarello
227 W Jefferson Blvd. #1316
South Bend, IN 46601 The alley to be vacated is the first N/S
Phone: (574) 235-9251 alley E of N. Williams St. from W. Marion St.
150' Buffer to W. Navarre St. for a distance of 419 feet
*Address List attached ! and a width of 14 feet.
Date Prepared: 6/21/2017