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Home My WebLink AboutAlley Vacation- 1200 Block of Howard St. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER 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 February 22, 2022 Mr. Mike Danch Five Corners, LLC 814 Marietta St. South Bend, IN 46601 mdanch@danchharner.com RE: Alley/Street Vacation – Alley at 1200 Block of Howard St. (Preliminary Review) Dear Mr. Danch: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. 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 alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk’s Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder’s Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor’s Office. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Laura Hensley/Acting Clerk Enclosures INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: December 15, 2021 TO: Zach Hurst, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (lhensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS – ALLEY VACATION APPLICANT: Mike Danch for Five Corners, LLC LOCATION: 1200 Block of Howard Street _____________________________________________________________________________________________________________ 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: Favorable COMMUNITY INVESTMENT: Favorable – meets criteria above. FIRE: Favorable POLICE: Favorable Recommendation 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? February 22, 2022  ORDINANCE NO. ___________ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 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). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 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: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 18-5095-3344 18-5095-3345 18-5095-3346 18-5095-3353 18-5095-3354 18-5095-3355 18-5095-3356 18-5095-3357 18-5092-3272 18-5092-3270 18-5092-3268 18-5092-3265 18-5092-3262 18-5092-3261 18-5092-3258 18-5095-3331 18-5095-3338 18-5095-3332 18-5099-3509 18-5092-3510 18-5099-3512 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: 12-10-21 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. Tax Key Numbers owned by the Petitioners: 18-5095-3337 18-5095-3336 18-5095-3335 18-5095-3334 18-5095-3333 18-5095-3339 18-5095-3340 18-5095-3341 18-5095-3342 18-5095-3343 NAME (signed & printed) & ADDRESS _______________________________________________ For – Five Corners LLC 814 Marietta Street South Bend, Indiana 46601 574-233-1296 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 10, 2021 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. Dear Council Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. 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: A 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-, South Bend, Indiana. Dear Board Members: On behalf of our clients, we are requesting the Vacation of a 12 ft.Wide Public Alley. More particularly we are asking to Vacate a 12 ft. Wide Public Alley, running from Duey Avenue on the East to Howard Street on the West for a distance of 205 feet +/-. The Vacation request is to allow for a proposed mixed-use development bounded by South Bend Avenue on the North, Duey Avenue on the East and Howard Street on the South and West. 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