The URL can be used to link to this page

Home My WebLink AboutStreet Vacation - 900 Block Frances St. ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 9, 2021 Mr. Mike Danch University of Notre Dame Du Lac mdanch@danchharner.com RE: Street Vacation Request – 900 Block of Frances St Dear Mr. Danch: At its March 9, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department related to your above mentioned request. The following comments and recommendations were submitted: 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 a favorable recommendation for the vacation of this street. Please contact Permit Department 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 street vacation packet. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk AF/lh INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: TO: FROM: SUBJECT: Matt Longfellow, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department Anne Fuchs, Clerk (afuchs@southbendin.gov) REQUEST FOR RECOMMENDATIONS – STREET/ALLEY VACATION APPLICANT: Mike Danch for UND du Lac for 900 Block of Frances Street LOCATION: East 9.25 feet, 82.5 ft. wide Frances St. ROW running from Howard St. North to Corby Blvd. on the South, covering approx. 403 feet DATE DUE: March 2, 2021 PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 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. PUBLIC WORKS COMMUNITY INVESTMENT FIRE POLICE Version 2.0 [11/19/2018] Submission Date: Applicant Name: Phone #: Email: Property Address: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries (Ex: Church Pl, between E. Colfax Ave & E. LaSalle Ave): Yes No Is your property adjacent to the alley of interest? Do you own all adjacent properties to the alley of interest? Yes No Reason for street/alley vacation and proposed use: Does the existing alley provide garage access to other property owners? Yes No Yes No Does the alley receive daily traffic excluding your own use? Would the vacation hinder public access to any of the following: a church, school, or any other public building or place? Yes No OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: Yes No Board of Public Works Authorized Signatures: 227 W. JEFFERSON BOULEVARD SUITE 1316 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS Street/Alley Vacation Form Does the existing alley provide garage access to other property owners?  ORDINANCE NO. ___________ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Partial Street Vacation – Frances Street, the East 9.25 feet of Right-of-way Width, running from Howard Street on the North to Corby Blvd. on the South a distance of 403 feet +/-, 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 Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: 1). Partial Street Vacation – Frances Street, the East 9.25 feet of the Right-of-way Width, running from Howard Street on the North to Corby Blvd. on the South a distance of 403 feet +/-, South Bend, 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 Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5106-3740 18-5106-3736 18-5106-3737 18-5106-3738 18-5105-3688 18-5105-3687 18-5105-368701 18-5105-3675 18-5106-3716 18-5106-3719 18-5106-3720 18-5106-3720 18-5106-3723 18-5106-3724 18-5106-3727 18-5106-3728 18-5106-3751 18-5106-3754 18-5106-3753 18-5106-3752 18-5030-1084 18-5030-1077 18-5030-1076 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion 2 of the Public Street 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 ___________, 2021, at __________ o’clock _____. m. ___________________________ City Clerk Approved and signed by me on the ________ day of _________, 2021, at __________o’clock ______. m. _________________________ Mayor, City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) To the Common Council Date: 12-09-20 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). Partial Street Vacation – Frances Street, the East 9.25 feet of Right-of-way Width, running from Howard Street on the North to Corby Blvd. on the South a distance of 403 feet +/-, South Bend, Indiana. Tax Key Numbers owned by the Petitioners: 18-5106-3740 18-5106-3736 18-5106-3737 NAME (signed & printed) & ADDRESS _______________________________________________ For – University of Notre Dame Du Lac 724 Grace Hall Notre Dame, Indiana 46556 574-631-3903 Office of the City Clerk CONTACT PERSON NAME: Dawn M. Jones, MPA, City Clerk Michael J. Danch Room 455-County-City Building Danch, Harner & Associates, Inc. South Bend, IN 46601 1643 Commerce Drive 574-235-9221 South Bend, Indiana 46628 574-234-4003 e-mail: mdanch@danchharner.com Honorable Members of the City of December 9, 2020 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Partial Street Vacation – Frances Street, the East 9.25 feet of Right-of-way Width, running from Howard Street on the North to Corby Blvd. on the South a distance of 403 feet +/-, South Bend, Indiana. Dear Council Members: On behalf of our clients, we are requesting the Vacation of a portion of the Public Street known as Frances Street. More particularly we are asking to Vacate the East 9.25 ft. of the Frances Street Right-of-way, running from Howard Street on the North to Corby Blvd. on the South covering a distance of approximately 403 feet. The Vacation request is to allow for a proposed single-family attached residential development on the property located East of Frances Street to the commercial development containing the Trader Joe’s new building. As part of the residential development the streetscape along the East side of Frances Street will be enhanced with a new sidewalk and landscaping. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch Michael J. Danch President Danch, Harner & Associates File No. 200186 Cc: Board of Public Works City of South Bend Board of Public Works December 9, 2020 City of South Bend 13th Floor County-City Building South Bend, Indiana 46601 RE: Partial Street Vacation – Frances Street, the East 9.25 feet of Right-of-way Width, running from Howard Street on the North to Corby Blvd. on the South a distance of 403 feet +/-, South Bend, Indiana. Dear Board Members: On behalf of our clients, we are requesting the Vacation of a portion of the Public Street known as Frances Street. More particularly we are asking to Vacate the East 9.25 ft. of the Frances Street Right-of-way, running from Howard Street on the North to Corby Blvd. on the South covering a distance of approximately 403 feet. The Vacation request is to allow for a proposed single-family attached residential development on the property located East of Frances Street to the commercial development containing the Trader Joe’s new building. As part of the residential development the streetscape along the East side of Frances Street will be enhanced with a new sidewalk and landscaping. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch Michael J. Danch President Danch, Harner & Associates File No. 200186 Cc: South Bend Common Council