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HomeMy WebLinkAboutAlley & Street Vacations - Danch Harner & Associates,% E a 4a FPft -',I N - E i -,., -i , - v 2! ii . .01 2«N'4PKC l Q k, 10 � -J�Mwwl �77. L7anch, 1-®ar ner 4&.Ass®ciates, Inc. Land Surveyors M Professional Engineers Landscape Architects m Land Planners Office: (574)234-4003 1 (800)594-4003 . Fax: (574)234-4009 1643 Commerce Drive a South Bend, IN 46628 Ms. Donna Hanson August 9, 2017 City Engineering Department 1311 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Request for Alley and Street Vacation diagram for Five Corners LLC; Donna: Attached are 2 pages created from the MACOG GiS mapping site showing the proposed alleys and portions of streets that our client Five Corners LLC would like to have vacated by the City Council. On page l is an existing alley south of South Bend Ave. and running between Howard Street on the west and Duey Street on the east. The drawing shows the cross -hatched area for the proposed vacation. On page 2 is an alley that is south of South Bend Ave. and north of the re -aligned Corby Street. It runs from Corby Street on the west to the l't north -south alley on the east. It is also cross -hatched. There is a portion of Corby Street to be vacated which runs from South Bend Ave. on the west to a termination point in line with the west property line of shown parcel 018-5087-3094 located on the south side of Corby Street. On the west side of South Bend Avenue there is a portion of Corby Street and Eddy Street requesting to be vacated. The area to be vacated is also cross -hatched. As part of the City alley and street vacation process we are asking to have you prepare a vacation diagram to be used by City Council for the vacation process. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Turner & Associates, Inc. ""'dooel --------------- 1_ anch, "apnoar Inc. Land Surveyors r Professional Engineers Landscape Architects .r Land Planners Office: 574 234-4003 / 800 694-4003 Fax: 574 234--4009 1643 Commerce Drive . South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 November 8, 2017 RE: Council Bill No. 69-17: Street Vacation — Eddy Street from Corby Street south 180 feet +/, Corby Street from Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, Indiana Dear Council Members: On behalf of our clients, we are requesting a tabling of Council Bill No. 69-17 until the January 81h , 2018 meeting of the Common Council. The Vacation Petition is described as: Street Vacation — Eddy Street from Corby Street south 180 feet +/, Corby Street from Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, Indiana. The reason for this request is to allow for time for the City Board of Public Works and other agencies to review the Vacation request and provide Council with a report for said Vacation. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, 161wd tT Pa ec Michael J. Danch President Danch, Harner & Associates File No. 170160 Cc: Board of Public Works City of South Bend Area Plan Commission E . T��w . ... , _ �.� . . « . © .� . �., » , 77, , \�/. iko, VIA!! . ... . . . . . . . . Land Surveyors M Professional Engineers Landscape Architects M Land Planners Office: 574 234-4003 / 800 594-4003 Fax: 574 234-4009 9 643 Commerce Drive m South Bead, IN 46628 Honorable Members of the City of South Bend Conu-non Council 4"' Floor County -City Building South Bend, Indiana 46601 October 2, 2017 RE: Street Vacation — Eddy Street from Corby Street south 180 feet +/, Corby Street froze Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, Indiana Dear Council Members: On behalf of our clients, we are requesting the approval of the Vacation for all the Public Streets and Alleys known as Street Vacation — Eddy Street from Corby Street south 180 feet Corby Street from Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +1-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenge, South Bend, Indiana. The reason for this request is to allow for the future development of property adjacent to the the proposed vacated streets and alleys. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. DancT' President Danch, Harner & Associates File No. 170160 Cc: Board of Public Works City of South Bend Board of Public Works City of South Bend 13"' Floor County -City Building South Bend, Indiana 46601 October 2, 2017 RE: Street Vacation. — Eddy Street from Corby Street south 180 feet +/, Corby Street front Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, Indiana Dear Board Members: On behalf of our clients, we are requesting the approval of the Vacation for all the Public Streets and Alleys known as Street Vacation — Eddy Street from Corby Street south ISO feet +1, Corby Street from Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, Indiana. The reason for this request is to allow for the future development of property adjacent to the the proposed vacated streets and alleys. If you have any questions concerning this hatter, please feel free to give me a call at 234- 4003. M ly, '"l J. Da ZED President Danch, Harner & Associates File No. 170160 Cc: South Bend Com non Council ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: Street Vacation -- Eddy Street from Corby Street south 180 feet +/, Corby Street from Eddy Street west 90 feet +/-, Corby Street from Eddy Street east 230 feet +/-, the First East/West Alley between Howard Street on the west and the First North/South Alley east of South Bend Avenue, South Bend, 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 Cornsnon Council of the City of South Bend having held a Public Hearing on the petition to vacate the following properties: 1). Street Vacation — Eddy Street from Corby Street running south ISO feet more or less. 2). Street Vacation — Corby Street from Eddy Street running west 90 feet more or less.. 3). Street Vacation — Corby Street from Eddy Street running east 230 feet more or less. 4). Alley Vacation -- The First East/West Alley between Howard Street on the west and rum-iing east 140 feet more or less to the First Noitl-dSouth Alley cast of South Bend .Avenue. hereby determines that it is desirable to vacate said properties. 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. I�UIL - -, 2 SECTION 111. The following property Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5030-1085.05 18-5030-1086.01 18-5030-1085, 01 18-5106-3738 18-5087-3094 18-5087-3089 18-5094-3326 18-5092-3261 18-5094-3329 18-5094-3322 18-5030-1085 18-5030-1086.06 18-5030-1086.04 18-5098-3483 18-5087-3093 18-5087-3088 18-5094-3319 18-5092-3262 18-5094-3323 18-5087-3082,01 18-5030-1085.02 18-5030-108602 18-5030-1086.05 18-5094-3311 18-5087-3092 18-5087-3087 18-5094-3327 18-5092-3263 18-5094-3325 18-5087-3097 18-5030-1085.03 I8-5030-1086.03 18-5106-3747 18-5087-3096 18-5087-3091 18-5087-3086 18-5092-3257 18-5092-3260 18-5094-3324 18-5030-1086 18-5030-1086.07 18--5106-3745 18-5087-3095 18-5087-3090 18-5087-3085 18-5092-3258 18-5092-3259 18-3094-3323 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alleys and Streets in the described area to allow for the development of some of the adjacent property. 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 , 2017, at o'clock , M. Approved and signed by rare on the o'clock . M. Mayor, City of South Bend, Indiana City Clerk day of , 2017, at Raschelle Beckwith From: Pete Kaminski Sent: Tuesday, November 14, 2017 3:42 PM To: Raschelle Beckwith Cc: Derick Roberts Subject: RE: Street/Alley Vacation -Five Corners, LLC. Hi Raschelle, the South Bend Street department has no objections to these vacate requests, thank you. -----Original Message ----- From: Raschelle Beckwith Sent: Tuesday, November 14, 2017 12:40 PM 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>; lmaglioz@co.st-joseph.in.us; Eugene Eyster <eeyster@southbendin.gov>; pmgriffin@nisource.com Subject: Street/Alley Vacation -Five Corners, LLC. -----Original Message ----- From: SouthBend Sent: Tuesday, November 14, 2017 12:40 PM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This Email was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 11.14.2017 12:39:59 (-0500) Queries to: southbend@southbendin.gov Raschelle Beckwith From: Federico Rodriguez Sent: Wednesday, November 15, 2017 9:06 AM To: Raschelle Beckwith Subject: RE: Street/Alley Vacation -Five Corners, LLC. Favorable SBFD Federico (Chico) Rodriguez Fire Marshal Office: (574) 235-7564 Mobile: (574) 876-6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu@southbendin.gov We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation (,Inclusion I Empowerment -----Original Message ----- From: Raschelle Beckwith Sent: Tuesday, November 14, 2017 12:40 PM To: Pete Kaminski <pkaminsk@southbend in.gov>; Michael Bronstetter <mbronste@southbendin.gov>; Matt Longfellow <mlongfel@southbendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Federico Rodriguez <frodrigu@southbendin.gov>; lmaglioz@co.st-joseph.in.us; Eugene Eyster <eeyster@southbendin.gov>; pmgriffin@nisource.com Subject: Street/Alley Vacation -Five Corners, LLC. -----Original Message ----- From: SouthBend Sent: Tuesday, November 14, 2017 12:40 PM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 11.14,2017 12:39:59 (-0500) Queries to: southbend@southbendin.gov INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1111412017 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Matt Longfellow, Engineering Department Chris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (Ima lion co.st- 'ose h.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO pmciriffin, nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk, P_ SUBJECT: REQUEST FOR RECOMMENDATION — STREET/ALLEY VACATION APPLICANT: Five Corners, LLC Corby E of Eddy, W. of Arthur St Corby E of Eddy, S. of South Bend Ave LOCATION: Eddy S, of Corby, w of SR 23, N. of Campeau Alley E of South Bend Ave, N. of Corby DATE DUE: November 20, 2017 FAX OR E-MAIL TO: 235-9'171 1 Imartinsouthbendin.goy PLEASE MADE 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 wouldlwould 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 wouldlwould 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 Waste operations. 4=0 I DA LAWRENCE P. MAGLIOZZI P..)CIPA'LIT IVC DIRECTOR Angela M. Smith I)e 1,,iy Director AN COMMISSION OF ST. JOSEPH COUNTY, IN 227 15'. JEFFERSON BLYD., ROOM 11411 COUNTY -CITY BUILDING, SOUTH HL•\U, INDIANA 46601 (;7+) 21i-9571 November 17, 2017 City of South Bend Board of Public Works 131h Floor, County -City Building South Bend, Indiana 46601 RE: Street & Alley Vacation Applicant: Five Corners, LLC Location: Portion Corby Between SR#23 and Arthur; Portion of Corby Between SR#23 and South Bend Avenue; 111 EW Alley N of Corby Between the I" NS Alley E of SR#23 and Corby. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff's opinion that: (1) 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. These three segments of ROW are a result of the re -alignment of SR#23, The vacations would help the assimilation of small parcels into developable parcels. These three segments do not hinder the growth and development of the remaining areas of the neighborhood. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner owns all properties adjacent to the right-of-ways being vacated, and has access to other portions of streets and alleys that remain dedicated. All other surrounding property owners continue to have access to streets and alleys that they currently have access to. The three parcels owned by Spaulding, Bakos and Ross will continue to have access to the curb cut on Corby since the vacation of that portion of Corby stops at the west property line of the Spaulding property. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. No church, school or other public building or place is accessed by either the alley. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The vacation will not hinder access to other adjacent public ways. The vacation request, as submitted, meets the criteria for approval, I would suggest that the Board consider shortening the right-of-way vacation by the width of at feast one lot as shown on the Attached Exhibit "A". This will allow City services to continue to be provided without having to encroach on private property. Sincerel'j2, Larry Magliozzi SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. 5 J C INVI A N A. C o N I A O e/ A R GA- PLAN tt } iYi �L4 m!' du P= f T j.e ` re`c i 1'3 5'�.�, sNeg.,-j' S�kr`� _ i FFF Avow own CL 'f �. t i aril r MOM �zM �4 t �Rr ry�Yf`f� g } JV a$do Q £r 1 s 4, ?� ".r4�s�`1 �� • ar � � ;` 'r ��{ ' is i• i w Eg ( � I VrrCug, � tia Ill W 11 Vi if 1 j fi jjj}iffl!k! 6 ... Raschelle Beckwith From: Matt Longfellow Sent: Monday, November 20, 2017 10:47 AM To: Raschelle Beckwith Cc: Toy Villa; Donna C. Hanson; Kara Boyles; Chris Dressel Subject: RE: Street/Alley Vacation -Five Corners, LLC. Attachments: engineering response.pdf Engineering has no objections to these alley vacations. See attachment w/ pictures. Matt -----Original Message ----- From: Raschelle Beckwith Sent: Tuesday, November 14, 2017 12:40 PM To: Pete Kaminski <pkaminsk@southbendin.gov>; Michael Bronstetter <mbronste@southbendin.gov>; Matt Longfellow <mlongfel@southbendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Federico Rodriguez <frod rigu@south bendin.gov>; Imaglioz@co.st-joseph.in.us; Eugene Eyster <eeyster@southbendin.gov>; pmgriffin@nisource.com Subject: Street/Alley Vacation -Five Corners, LLC. -----Original Message ----- From: SouthBend Sent: Tuesday, November 14, 2017 12:40 PM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "111\113002673DWE73" (MP C6004). 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Inv i I I k ;' {slit, t ri✓ ! jlki 11 !i a I�e y �` '.tly i��l141 "�`Jtfl�lVrt l . i �. 1lir}5i- 6 t Pyfi�l �< y45 s .•.�i I��.i�f11 ik `` s �� ,� }11 :: • r � 1�� t{"{ j1i �Is�i 1 � !i 44 � rt ;a� — f f�4j s• ?f � i l�:IJ��r4 bi ' r ;r`,-,r<c,•�: 4 4 4l� l 1 ca i fI f lilt L� - lr -Y',� f '. 1 r i,y 'eL1�• `475�1 � 1 �I�ii -I �rm i kl y���r��. 1, 1 1 Y �� 1 ti 1'1 S � � f -• TS o} arm !F • i l'[ i��� y�11 f k5 1- �ir =i- } , 1 st €i � I s k ' � q � i i}I 5 r 1 �! ! '�• a� � 1���, ��ls�f�� �h l �ti yj �� ���I T� I �9-.,>< s� f MAR i +tiiCrc�lflA+1u �F,:r y V'rj., Ir OEM Ej villa l t5}r Icy ;r 1li rr Jr !+ I+S1 ,i1ktr Y' ' 1'}' Raschelle Beckwith From: Chris Dressel Sent: Monday, November 20, 2017 4:53 PM To: Raschelle Beckwith Cc: Tim Corcoran Subject: RE: Street/Alley Vacation -Five Corners, LLC. Recommended for approval based upon the following IC-36-7-3-13 Criteria with the qualification that vacation request(s) may be subiect to utility easement: 1- 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. 2. - The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3 - The vacation would not hinder the public's access to a church, school or other public building or space. 4 - The vacation would not hinder the use of a public right of way by a neighborhood in which it is located or to which it is contiguous. Christopher D Dressel, AICP Planner Bicycle Coordinator Brownfields Coordinator Department of Community Investment (574) 235-5847 cdressel@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Suite 14005 South Bend, IN 46601 We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment -----Original Message ----- From: Raschelle Beckwith Sent: Monday, November 20, 2017 2:20 PM To: Chris Dressel <cdressel@southbendin.gov> Subject: FW: Street/Alley Vacation -Five Corners, LLC. Chris, Can you please provide your recommendation asap. Linda would still like to get this in today for the Board Meeting Wednesday. -----Original Message ----- From: Raschelle Beckwith Sent: Tuesday, November 14, 2017 12:40 PM I