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Home My WebLink AboutAlley Vacation - Mike Keen1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOU TT i BEND. INMANA 46601-1830 CITY OF SOUM BEND PETE BurrIGIEG, MAYOR BOARD OF 1U13LIC WORKS February 13, 2018 Mike Keen 9071/2Portage Avenue South Bend, IN 46616 PHONE 574/235-9251 FAX 574/235-9171 RE: Alley Vacation — Southwest/Northeast Alley 14 ft. Wide Running Southwest from West Right - Of -Way of Portage Ave. approximately 123 ft. to the North, and 103.4 ft. to the South, North of Van Buren Street (Preliminary Review) Dear Mr. Keen: The Board of Public Works, at its February 13, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the Solid Waste Division. Per IC 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation of this alley. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley subject to a Cross Access Agreement being completed with the affected property owner for access to their garage. A template of a Cross Access Agreement is included with this letter, Please contact Donna Hanson at (574) 235-9254 prior to picking 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. Sincerely, Linda M. Mai -tin, Clerk Enclosure Federico Rodriguez, Fire Department Donna Hanson, Engineering Bianca Tirado, City Clerk's Office GARY A. Gii,ur SOZANNA M. FwTZBER(y ELIZABf--rii A. MARADIK JAMEs A. MUELLER I'll E RESE J. DO AU CROSS ACCESS EASEMENT AGREEMENT This Agreement is entered into this _- __ day of , 20 between Can Individual or a (corporate entity)], the owner of the Applicant Property (as defined below) and the Adjacennt Owners (as defined below). RECITALS l , The Applicant hereby represents that it owns the real property described at Exhibit A. 2, The Applicant desires for the public alley running (direction) between (beginning right-of-way) and (ending right-of-way) in South Bend Indiana, and more particularly described at Exhibit B (the "Vacated Area"), 3. The Applicant represents that the properties listed consist at Exhibit C-1 tluou h C- (collectively, "Exhibit C") are all of the properties that currently have access to the Vacated Area (the "Adjacent Properties"), and that the owners listed at Exhibit C ' consists of all of the ownership interests in said Adjacent Properties (the "Adjacent Owners" and with the Applicant, the "Property Owners"), 4. The Applicant represents that it has legally obtained the signatures of all of the Adjacent Owners, and any omission of a property currently having access to the Vacated Area or an individual or entity with an ownership interest therein is inadvertent, Any omitted owner of an Adjacent Property may become a party to this agreement by recording an affidavit cross-referencing this Agreement and agreeing to be bound by its tern -is. Any owner of an omitted property may become a party to this Agreement by recording an affidavit cross-referencing this Agreement, agreeing to be bound by its terms, and attaching a plat evidencing that the property interest had access to the Vacated Area. The signatures of the Applicant or the other Adjacent Owners are not necessary for such an affidavit to amend this Agreement. Only owners of an ownership interest in an Adjacent Property and the Applicant are a party to this Agreement. Any owner of an easement or servient interest in an Adjacent Property shall ;not be a party to this Agreement unless the Adjacent Owner required the owner of the easement or servient approved and executed by all of the Property Owners or their successors in interest and must be approved in writing by the City of South Bend to be effective, 4. Property Owners agree to make the necessary improvements to their respective properties to allow the ingress and egress as set forth herein within a reasonable time after the creation of the cross access easements set forth in this Agreement, 5. Property Owners agree to maintain the easement area that will be located in its property in a reasonable manner and at their sole expense, including the construction of a new driveway and curbs as reasonably necessary. Property Owners hereby agree to remove any sidewalks, curbs and other right of way improvements (excepting any utility, sewer, or water improvements) in the Vacated Area that are no longer necessary, in the opinion of all of the Property Owners, and replace them with landscaping, including topsoil, sod and other appropriate forms of landscaping in the opinion of the Property Owners, and the Applicant shall be solely responsible for constructing or otherwise providing for any improvements required by the Board but may seek indemnification from the Property Owners for the cost related to such improvements for their pro-rata share (which each pro-rata share determined by each Property Owner's portion of the total frontage along the Vacated Area). 6. Any violation or breach of this .Agreement shall be considered a breach and any Property Owner shall have the authority to enforce this Agreement in any manner permitted by law. 7, This Agreement to create a cross access agreement shall be recorded immediately after executed by the Property Owners and acknowledged by the Board. 8. Any Property Owner executing this Agreement on behalf of another person or entity hereby certifies that he or she is duly authorized to approve and execute this Agreement and behalf of said person or entity. 9. This Agreement may be executed in counterpart signature pages, and an executed Exhibit B of this Agreement by an Adjacent Owner shall be considered a binding counterpart signature page. 10, The Applicant shall insure that the Agreement is recorded in a manner so as to cross-reference all of the deeds of record or the most recent plat for the Adjacent Properties. 3 ACKNOWLEDGED BY, the City of South Bend, Indiana Board of Public Works, on this day of , 20. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS President i E E Member Member STATE OF INDIANA ) COUNTY OF } Before ine, the undersigned, a Notary Public, in and for said County and State, personally appeared x Known to me to be members of the City of South Bend, Indiana Board of Public Works and acknowledged the execution of the foregoing Agreement on behalf of said Board. IN WITNESS WHEREOF, I have hereunto subscribed my name' and affixed my official seal oil the day of , 20 . (SEAL) , Notary Public Residing in __, Indiana ( This document was prepared by I a0rm, under the penalties of petjufy, that I have taken reasonable care to redact each Social Security i number in this document, unless required by law. (ha me) (Aeknowledgement Page of City of South Bend, Indiana Board of Public Works) EXHIBIT B Legal Description of Vacated Area EXHIBIT CW Description of Adjacent Owner and Adjacent Properly Adjacent Property Owner(s) of Record; Interest Owned (circle one)Fee Simple --- Life ]state --- Owner of a II Interest. Street Address: _ , South Bend, Indiana Tax Id. Number(s): Recording No, of Applicant's Deed: Doc. No Owner's Deed Recording Date; or Deed Book , Page I am the owner of the property interest specified above. I have reviewed this Cross Access Easement Agreement and am duly authorized to approve and execute it. DATE; ADJACENT OWNER By; Printed; Its: STATE OF INDIANA, COUNTY OF �� SS: Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared , known to me to be the Applicant specified above and acknowledged the execution of the foregoing Agreement. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day of , 20_. (SEAL) , Notary Public Residing in , Indiana Please Note; This sample template placed on this website by the Board of Public Works is intended to aid individuals and their attorneys in preparing documents that may be required by the City of South Bend related to alley vacations, While the forms have been prepared to comply with the requirements ,generally imposed by the City, additions and/or alterations in some situations may be necessary given the particular circumstances in each case. Additionally, these documents are provided for the reference of the drafter and the City recoinmends that all documents be prepared or reviewed by an attorney. The City expressly disclaims any liability for the use of the sample templates and expressly states that no express or implied warranty is made as to the effectiveness, validity or suitability of the language for their use in any particular situation. As always, the drafting lawyer is responsible for making all necessary modifications and to assure compliance with all applicable laws. INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 1/4/2018 TO: Pete Kaminski, Street Department '�4Nlike Bronstetter, Solid Waste >\Matt Longfellow, Engineering Department $4Chris Dressel, Community Investment Federico Rodriguez, Fire Department KLarry Magliozzi, Area Plan Commission Angela Smith, Area Plan Commission Gene Eyster, Police Department Phil Griffin, NIPSCO (prngriffinCa nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk' SUBJECT: REQUEST FOR RECOMMENDATION -- ALLEY VACATION APPLICANT: Mike Keen LOCATION: SWINE Alley 14' wide running SW from W ROW of Portage Approx. 123' to 15t NS alley north of Van Buren St DATE DUE: January 16, 2018 FAX OR E-MAIL TO: 235-9171 1 Imartin@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: 7 0, 3 2,01"T, C Y OF SOUTH BEND 227 W. JEFFERSON BOULEVARD PHONE 574/ 235-9251 DEPART NT OF PUBLIC WORKS SUITE 1316 CouNTY-CiTy BUILDING FAX 574/ 235-9171 F 1� SOUTH BEND, INDIANA 46601 TDD 574/ 235-5567 Clay Vacation Form r :*THiS FORM MUS'r IBE REVMWED BYTHE crry ENGMEERIING DEPARTMEN'r PRIOR TO GRANTING A RADIUS MAP* Submission Date: Applicant Name: Phone. #1 Email: In -4 r 0�h Property Address: r Q0 Applicant property information: Residential ❑ Commercial ❑ Describe the general alley location with boundaries (ex. Church PI, between E. Colfax Ave & E. LaSalle Ave): Industrial' Is your property adjacent to the alley of interest? Ez-Yes F-1 No Do you own all adjacent properties to the alley of interest? El Yes U' No If no, use thie attached table to provide the following information for all affected property owners: Name, Address, Consent for the proposed alley vacation 131 � ( I-S, It - i!(J. V Reason for street/alley vacation and proposed use: i 17v% 5, G -) tv ci,o-z 4w�)" y ek to h-91) Does the i alley provide garage a&ess to other property owners? EY' Yes F-1 No Does the alley receive daily traffic excluding your own use? Q S') 4 Yes ❑ No Would the vacation hinder public access to any of the following: a church, school, or any other public building or place? E] Yes N o EEf OFFICE USE ONLY: Board Recommendation for the proposed alley va Board of Public Works Authorized Signatures - I Version 1.0 (6/14/2016] ANUM NMI I 90Portage Ave Bend,South 6 SW/NE Alley 14' wide running S'U1l' from W ROW of Portage approx. 123' to 1s' NS allley north of Van Buren Street. 0 I T- �pu7rr � INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 11412018 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 Angela Smith, Area Plan Commission Gene Eyster, Police Department Phil Griffin, NIPSCO ( a riffin nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION ,APPLICANT: Mike Keen LOCATION: SWINE Alley 14' wide running SW from W ROW of Portage Approx. 123' to 1st NS alley north of Van Buren St DATE DUE: January 16, 2018 FAX OR E-MAIL TO: 236-9171 I Imartin southbondin. ov 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 alley vacation would not hinder Solid Waste Operations. a��¢h LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,Putp DI-L., AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 January 4, 2018 City of South Bend Board of Public Works 131 Floor, County -City Building South Bend, Indiana 46601 RE: Street & Alley Vacation Applicant: Mike Keen Location: V E/W Alley, W side of Portage, North of Cushing Street Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staffs 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 alley is no longer part of an integral circulation system. (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 Portage Avenue, Cushing Street and the two alleys between Cottage Grove and Cushing. (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 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 parcels within the block bounded by Cottage Grove, Cushing, Portage and Van Buren. All properties have access to those streets in addition to the remaining alley that bisects the block. Sincerely, Larry Magliozzi SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND VV VV VV,S1 CI N D IAN A.0 O M/3 0 6/Art EA- PLAN Mey Y 10' ? 0 1 Donna Hanson, My name is Bill Stohler. I am the property owner at 903 Portage avenue, South Bend, IN. I am in full support of Dr. Mike Keen's proposal to vacate the alleyway between 903 and 905 Portage avenue. Thank you for your consideration. Regards, William D Stohler 1437 E. Monroe Street South Bend, IN 46615 269.340.9148 Bilistohle,r@gmall.com Raschelle Beckwith From: Matt Longfellow Sent: Tuesday, January 16, 2018 10:44 AM To: Raschelle Beckwith Cc: Toy Villa; Kara Boyles; Donna C. Hanson; Sue Ellen Doudrick Subject: RE: Alley Vacation Recommendation -Mike Keen Attachments: engineering response.pdf Engineering Division has no objection to this vacation; however, we would like to know where the exact line will be located (vacation boundary) at the intersection of the 3 alleys. Regards, Matt Longfellow Permits Inspector Department of Public Works Division of Engineering Office: (574) 235-5929 Mobile: (574) 286-9589 mlongfel@southbendin.gov City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 -----Original Message ----- From: Raschelle Beckwith Sent: Thursday, January 04, 2018 9:45 AM To: Pete Kaminski <pkaminsk@southbendin.gov>; Michael Bronstetter <mbronste@southbendin.gov>; Matt Longfellow <mlongfel@south bendin.gov>; Chris Dressel <cdressel@southbendin.gov>; Federico Rodriguez <frodrigu@southbendin.gov>; Eugene Eyster <eeyster@southbendin.gov>; lmaglioz@sjcindiana.com; asmith@sjcindiana.com; pmgriffin@nisource.com Subject: Alley Vacation Recommendation -Mike Keen Please Provide Recommendation. Raschelle Beckwith Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9251 ext 3168 Rbeckwit@southbendin.gov -----Original Message ----- From: South Bend Sent: Thursday, January 04, 2018 9:45 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" Raschelle Beckwith From: Chris Dressel Sent: Friday, January 19, 2018 5:47 PM To: Raschelle Beckwith Cc: Tim Corcoran Subject: RE: Alley Vacation Recommendation -Mike Keen Recommended for approval based on meeting the following criteria but also on the condition that it's accepted by the property owner at 905 N. Portage. 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 j Innovation I Inclusion I Empowerment -----Original Message ----- From: Raschelle Beckwith Sent: Thursday, January 4, 2018 9:45 AM 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>; Eugene Eyster <eeyster@southbend in.gov>; Imaglioz@sjcindiana.com; asmith@sjcindiana.com; pmgriffin@nisource.com Subject: Alley Vacation Recommendation -Mike Keen Please Provide Recommendation. Raschelle Beckwith Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 Raschelle Beckwith From: Sent: To: Subject: 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 Federico Rodriguez Thursday, January 04, 2018 12:03 PM Raschelle Beckwith RE: Alley Vacation Recommendation -Mike Keen We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment -----Original Message ----- From: Raschelle Beckwith Sent: Thursday, January 4, 2018 9:45 AM To: Pete Kaminski <pkaminsk@southbendin.gov>; Michael Bronstetter <mbronste@southbendin.gov>; Matt Longfellow <mlongfel@southbendin.gov>; Chris Dresse) <cdressel@southbendin.gov>; Federico Rodriguez <frodrigu@southbendin.gov>; Eugene Eyster <eeyster@southbendin.gov>; Imaglioz@sjcindiana.com; asmith@sjcindiana.com; pmgriffin@nisource.com Subject: Alley Vacation Recommendation -Mike Keen Please Provide Recommendation. Raschelle Beckwith Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9251 ext 3168 Rbeckwit@southbendin.gov -----Original Message ----- From: SouthBend Sent: Thursday, January 04, 2018 9:45 AM To: Raschelle Beckwith Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 01,04.2018 09:44:45 (-0500) Queries to: southbend@southbendin.gov