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Home My WebLink About07-18 Menard, Inc. Petition to Vacate Public Rights-of-Way 0 Filed in Clerk's Office January 30, 2018 FEB 0 5 2018 KAREEMAH FOWLER VIA U.S. MAIL CITY CLERK,SOUTH BEND,IN City of South Bend Office of the City Clerk Clerk Kareemah Fowler Room 455, County-City Building South Bend, IN 46601 Re: Menard, Inc. Petition to Vacate Public Rights-of-Way South Bend, Indiana Clerk Kareemah Fowler- Menard, Inc. is relocating from its existing store to a brand new location to be built upon the site of the long-vacant former K-Mart located at 4640 South Michigan Street. Key to that effort is the vacation of the southern portion of the St. Joseph Street right-of- I ad way adjacent to the parcels Menard, Inc. owns. To that end, I am enclosing the following: 1. Petition to Vacate Public Rights-ofWay 2. Proposed Ordinance 3. Envelopes addressed and stamped with certified mail for all property owners within 150' feet of the right-of-way to be vacated. Also enclosed are copies of the Ship Request Forms for the City's tracking purposes. 4. Check in the amount of$150.00. 5. A copy of the radius map. 6. This letter explaining the request. Menard, Inc. owns property on both sides of the proposed vacation. The vacation is necessary to obtain additional north to south distance for our site planning needs. The request also moves the southern limits of the City right-of-way back to the realigned intersection with Callendar Street, a more logical termination point for St. Joseph Street. I look forward to discussing the request with the City Council. I would appreciate confirmation of the meeting dates and times. I maybe reached at 715.876.2810. r truly yours, v� Thomas W. O'Neil Real Estate Acquisitions Menard, Inc. 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 BILL NO. 07-18 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY 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 RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST.JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 88',THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY Now 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: 023-1035-1766 (Menard, Inc.) 023-1035-1771 (Menard, Inc.) SECTION IV. The purpose of the vacation of the real property is to allow Menard, Inc. to redevelop the former K-Mart property, realign St. Joseph Street at the Callendar Street intersection, and widen the Menard, Inc. property south of the right of way vacation sufficient to allow the construction of I a Menards home improvement and building materials supply store. 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 Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2018, at o'clock . M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY Filed in Clerk's Office (STREETS/ALLEYS) FEB 0 5 2018 KAREEMAH FOWLER TO THE COMMON COUNCIL JANUARY 29, 20P CITY CLERK, SOUTH BEND,IN OF THE CITY OF SOUTH BEND, INDIANA MENARD, INC., A WISCONSIN CORPORATION, THE UNDERSIGNED PROPERTY OWNER, PETITIONS THE CITY TO VACATE: A. THE SOUTHERLY PORTION OF ST. JOSEPH STREET, DESCRIBED AS FOLLOWS: THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY NAME ( ' ed & rin ed) ADDRESS LOT # MENARD, INC., A WISCONSIN CORPORATION 5101 MENARD DRIVE EAU CLAIRE, WI 54703 AS OWNER OF THE PROPERTY LOCATED AT 4640 SOUTH MICHIGAN STREET. GENERALLY KNOWN AS THE FORMER K-MART. THE PARCEL ID NUMBER IS 023-1035-1771 CONTACT PERSON (S) NAME: TOM O'NEIL REAL ESTATE ACQUISITIONS RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 5101 MENARD DRIVE KAREEMAH FOWLER, CITY CLERK EAU CLAIRE, WI 54703 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 PHONE: 715-876-2810 574-235-9221 EMAIL: TONEIL @MENARD-INC.COM Updated 6/22/12 5 ® -O q w � � w i ' � 023-1035-1730 023-1035-172901 s 023-1035-1735vp --- 023-1035-1762 023 1035 1763 I E Callan f 68 • C23 0351.766 - � 023-1035-17350 023 FilQdin Cler;,,:'s Office �� 023-10 FEB 0 51014 KAREEMAH Ft,WLEF-1 =1035 y CLERK,SOUTH SEND,IN City of South Bend Dept. of Public Works Alley Vacation 150' Radius 227 W Jefferson Blvd. #1316 South Bend, IN 46601 Menards, Inc., 4640 S. Michigan Phone: (574) 235-9251 Right of way to be vacated begins at a point approx. 565' south on South 0 150' Buffer St.Joseph Street from the E. Ireland S. ROW, running south approx. 75', *Address List attached then west approx. 88', then north approx. 109' to a point approx. 530' Date Prepared: 1/26/2018 DCH south along South St. Joseph Street from the E. Ireland S. ROW. 5ou'rrr � \l4A[E� ' ig65 Y INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12111/2417 TO: '-Pete Kaminski, Street Department Mike Bronstetter, Solid Waste ?(Matt Longfellow, Engineering Department Chris Dressel, Community Investment ederico Rodriguez, Fire Department � Larry Magliozzi, Area Plan Commission (Imaglioz(a),co.st- ,.ose h.in.us or 235-9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin((,nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — STREET VACATION APPLICANT: Menard Inc., A Wisconsin Corporation LOCATION: South St. St. Joseph St where it dead-ended at the former Kmart DATE DUE: December 19, 2017 FAX OR E-MAIL TO: 235-9171 / Imartin(c�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: O4S013T88��d 1316 COUNTY-CITY BUILDING U C PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W rgA cs FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 It �fi • 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS December 21,2017 Menard, Inc. 4640 S. Michigan Sheet South Bend,IN 46614 RE: Street Vacation—South St.Joseph Street at Dead-End at Former K-Mart (Preliminary Review) To Whom It May Concern: The Board of Public Works, at its December 21, 2017, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, Street Department, and the Solid Waste Division. Per Indiana Code 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation of this street. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this street. 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 street vacation packet. ySin erel y, Ca M. Martin,C k c: Federico Rodriguez,Fire Department Donna Hanson, Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU CITY OF SOUTH BEND 227 W.JEFFERSON BOULEVARD PHONE 574/235-9251 DEPARTMENT OF PUBLIC WORKS SUITE 1316 COUNTY-CITY BUILDING FAX 574/235-9171 ' SOUTH BEND,INDIANA 46601 TDD 574/235-5567 Street/Alley Vacation Form IIR� *THIS FORM MUST BE REVIEWED BY THE CITY ENGINEERING D TMENT PR19R TO GRANTING A RADIUS MAP* Submission Date: December 8, 2018 Applicant Name: Menard, Inc., a Wisconsin corporatio Phone#:715-876-2810 Email:toneil@menard-inc.com Property Address: 4640 S. Michigan Street Applicant property information: ❑ Residential ❑■ Commercial ❑ Industrial Describe the general alley location with boundaries(ex. Church PI,between E.Colfax Ave&E. LaSalle Ave): South St.Joseph Street where it dead ended at the former K-Mart Is your property adjacent to the alley of interest? ❑■ Yes ❑ No Do you own all adjacent properties to the alley of interest? * 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: The street needs to be vacated in order to accommodate the Menards store site plan /redevelop the former K-Mart Does the existing alley provide garage access to other property owners? ❑ Yes 0 No Does the alley receive daily traffic excluding your own use? ❑ Yes Q 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/— o Board of Public Works Authorized Signatures: Version 1.0[6/14/2016] it m — WT IF to la jo �8� Of�601fIX BDq ••••�� 1ytll M FRCP HA1P(Tl'P.) c. a) Rla _ CA0617LW!(M n w l:Nl T or Ila at Stree_ —' STOP G/w -Asool Swlx!) 11'"(TTV.) .. ___.. • r smp m (m.) ttt 11S40C �`�' TRUCK TURNING MOVEMENTS �' SCALE 1" = 100' f y RI + t1 7 eg • np • T --- ...._..__ .... + Y r r��__—_ ( )l Ty a. 0 5� I DETENTION \ POND d1 R It 4-4-1 1 ��P I J�0.00' SSL+Y \, !! 110.00• ; AIM i 4f4�e6V OA (fall SSW law to Tv u P�,/At n 1 V" {dam K ' , PAVEMENT LEGEND � 1 FF HEAVY DUTY ASPHALT i� D STANDARD DUTY ASPHALT g 07Y OF SOUTH BEND ASPHALT GRAPHIC SCALE I ; g 60 0 30 60 120 CONCRETE PAVEMENT D AGGREGATE PAVEMENT 1 I � ( SCALE 1" = 60' z i 1 1 J Raschelle Beckwith From: Federico Rodriguez Sent: Monday, December 11, 2017 10:35 AM To: Raschelle Beckwith Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation 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 ( Accountability I Innovation { Inclusion I Empowerment -----Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 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>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin@nisource.com Subject:Street Vacation-Mendards Inc., A Wisconsin Corporation Please Provide Recommendation -----Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov Raschelle Beckwith From: Pete Kaminski Sent: Monday, December 11, 2017 11:15 AM To: Raschelle Beckwith Cc: Derick Roberts Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Hi Raschelle,the City of South Bend Street Division has no objection to this vacate request, thank you. -----Original Message----- . From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 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>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @south bendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation -----Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov i Raschelle Beckwith From: Eugene Eyster Sent: Monday, December 11, 2017 12:50 PM To: Raschelle Beckwith; Pete Kaminski; Michael Bronstetter; Matt Longfellow; Chris Dressel; Federico Rodriguez; Imaglioz @co.st-joseph.in.us; pmgriffin @nisource.com Subject: RE: Street Vacation-Mendards Inc.,A Wisconsin Corporation Ms. Beckwith, The Police Department would give this request a favorable recommendation. Lt. E. Eyster -----Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 201710:33 AM To: Pete Kaminski<pkaminsk @south bendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow <mlongfel @southbendin.gov>; Chris Dressel <cdressel @southbendin.gov>; Federico Rodriguez <frodrigu @southbendin.gov>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject:Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation -----Original Message----- From: SouthBend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.201710:21:01 (-0500) Queries to: southbend @southbendin.gov t i INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 121111201 r TO: Pete Kaminski,Street Department Mire Bronsiefter,Solid Waste Mail Longlel10W,Englneedng Department Chris Oresael,CommvNgr i.eatmenl Federico Roddgu0z,Fire Department Larry Magronl,Area Plan Comrt imam pglaallozAcc sl- laseoh.ln.us or231:8813fa) Gene Eyster,Pace Department Phil Griffin,NIPSCO urca co ((FYI Only( FROM: Linda M.Martin,Clerk SUBJECT: REQUEST FOR RECOMMENDATION—STREET VACATION i APPLICANT: Menard IncA Wiecnnala Corporatlon LOCATION: South St Si t Joseph St where It dead-endeda—the Fortner Kmart I DATE DUE: peaamberi8,1817 j FAXORE-MAILTO: 15.9 oulhbendln. 0v i PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 38•T-3-13 CRITERIA: 1.The vacation wouWgpLjld not hinder the growth or orderly development of the unIt or neighborhood In which ll Is located or to which It S contiguous. l 2.The vacation wouldf—uld rwh make access to the lands of the aggrieved person by means of pudic way difficult or inconvenient 3.Thor vacationgmu1cL%yVMj j hinder the public's access to a church,school or other pubric building or place. 4.The vacatlonyrouWMurd not hinder the use of a public right-af-vmy by the neighborhood N which It is located or to which it Is conllguove. COMMENTS: This alley vacation would not hinder Solid Waste operations. r LAWRENCE P. MAGLIOZZI F.xr.CUTIVS nlBrcTOR Angela M, Smith ne p L I)I r ret ur AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 N, ILFFLRSO.N BLVD„ ROODS 11+0 COU-,TI'-CfTV BUILDING. SOUTH BESD, INDIANA 46601 (S74) 23S-9571 December 13,2017 City of South Bend Board of Public Works 131h Floor,County-City Building South Bend,Indiana 46601 RE: Street&Alley Vacation Applicant:Menards,Inc. Location: South end of South St.Joseph Street. 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. The street is no longer part of an integral circulation system,only providing access to a limited number of users. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. All surrounding owners have access to either the remaining portion of St.Joseph Street,or Ireland Road. (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. Sincere , > A� Larry Magliozz� / SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S J C1 N D I A N A.C�H/3 0 6/A h R A-PLAN Raschelle Beckwith From: Matt Longfellow Sent: Monday, December 18, 2017 12:49 PM To: Raschelle Beckwith Cc: Toy Villa; Donna C. Hanson; Kara Boyles; Sue Ellen Doudrick Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Attachments: engineering response.pdf Raschelle, Engineering has no objections to this vacation at the Menards site. Regards, Matt -----Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 201710:33 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>; Imaglioz @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc., A Wisconsin Corporation Please Provide Recommendation -----Original Message----- From: South Bend Sent: Monday, December 11, 2017 10:21 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 12.11.2017 10:21:01 (-0500) Queries to: southbend @southbendin.gov 1 Raschelle Beckwith From: Chris Dressel Sent: Monday, December 18, 2017 11:09 AM To: Raschelle Beckwith Cc: Tim Corcoran Subject: RE: Street Vacation-Mendards Inc., A Wisconsin Corporation Recommended for approval based upon the following IC-36-7-3-13 Criteria: 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 ( Inclusion I Empowerment -----Original Message----- From: Raschelle Beckwith Sent: Monday, December 11, 2017 10:33 AM To: Pete Kaminski<pkaminsk @southbendin.gov>; Michael Bronstetter<mbronste @southbendin.gov>; Matt Longfellow <mlongfel @southbendin.gov>; Chris Dressel <cdressel @south bendin.gov>; Federico Rodriguez <frodrigu @southbendin.gov>; Imaglioi @co.st-joseph.in.us; Eugene Eyster<eeyster @southbendin.gov>; pmgriffin @nisource.com Subject: Street Vacation-Mendards Inc.,A Wisconsin Corporation Please Provide Recommendation -----Original Message----- From: SouthBend Sent: Monday, December 11, 201710:21 AM To: Raschelle Beckwith