HomeMy WebLinkAboutBill No. 15-22 Alley/Street Vacation-914 & 918 W. Oak Street :■ABONMARCHE
Engineering•Architecture•Land Surveying
Filed in Clerk'S Office
April 6, 2022 =05DAWN,
NES
South Bend Common Council CITY CLERK, OUTTH BEND,IN
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Alley Vacation - 914 & 918 W. Oak St.
Dear Members of the Council:
Please find enclosed a Petition to Vacate a Public Right of Way. The petitioners are
requesting the alley vacation as part of a redevelopment project of the parcels adjacent to
the alley. The alley vacation will allow for a wider house to be built on the west side of the
alley, while utilizing the vacated alley to maintain the required setbacks. The parcels in the
block all have access to improved public streets and this alley vacation will not make access
difficult or inconvenient. The Board of Public Works submitted a favorable recommendation for
the vacation of this alley.
Respe
Mic ael Huber
Senior Urban Planner
315 West Jefferson Boulevard,South Bend,IN 46601•574.232.8700
i
Filed in Clerk's Office
APR 0 5 2021
DAWN VIA ONES
o� VrH8 � CITY CLERK,SOUTH BEND, IN
1316 COUNTY-CITY BUILDING U PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD W \ FAX 574/235-9171
SOUTH BEND,INDIANA 4660 1-1 830 PEACE a2
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CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS
March 22,2022
Abonmarche Consultants, Inc
315 W. Jefferson Blvd.
South Bend, IN 46601
mroKyckina abonmarche.com
RE: Alley/Street Vacation—914& 918 W. Oak St. (Preliminary Review)
To Whom It May Concern:
At its March 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 41' 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,
Is/Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLI IZ
Filed in Clerk's Office
/y,UTHgF�f STREET/ALLEY VACATION APPLICATION
City of South Bend - Board of Public Works APR 0 5 2022
P! r` 227 W. Jefferson Boulevard, Ste. 1316 DAWN M. NES
South Bend, IN 46601 ER
ITYCL_ K,SOUTH BEND, IN
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Date: 02/22/2022 Phone#: 574-232-8700
South Bend Heritage by:
Name: Abonmarche Consultants, Inc. Email: mrOZyCkI�abOnmarChe.COm
Property 914/918 W. Oak Street, South Bend, IN
Address:
Applicant property information: ❑ Residential ❑ Commercial ❑ Industrial
Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave):
North/South alley between 914 & 918 W. Oak Street, South Bend, IN; Oak Street between
Cottage Grove Ave to the East and Sherman Ave to the West (north side of Oak Street)
Is your property adjacent to the alley of interest? 0 Yes ❑No
Do you own all adjacent properties to the alley of interest? ❑ Yes 0 No
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 F No
Would the vacation hinder public access to any of the following:a church, ❑ Yes 0 No
school,or any other public building or place?
Reason for street/alley vacation and proposed use:
Currently the alley is grass and not used. The reason for the vacation is to split the alley between the
adjacent alley lots, increasing the lot width for 918 W. Oak St. The current lot width of 918 W. Oak
Street is 35 feet. The additional 5 feet of the vacated alley will allow a 30' wide house to be built on
the lot with the required 5 foot side yard setbacks.
A map MUST be provided highlightingthe area you would like to vacate with this application.
OFFICE USE ONLY:
Board Recommendation: Yes ❑ No
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
1W114 e�r_ �n
Elizabeth A. Maradik.President Joseph R. Molnar, Vice President
,%,,- "Q,&�
Gary A.Gilot,Member Jordan V.Gathers,Member
Murray L.Miller,Member Attest: Theresa M.HelTner,Clerk
Date: March 22,2022
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Filed in Clerk's Office
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DAWN M.JONES
?. CITY CLERK,SOUTH BEND, IN
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: February 22, 2022
TO: Matt Longfellow, Public Works
Chris Dressel, Community Investment
Gerard Ellis, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@south bend in.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION
APPLICANT: Abonmarche Consultants, Inc. for South Bend Heritage
LOCATION: 914/918 W. Oak 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: No objections to this vacation.
COMMUNITY INVESTMENT: Favorable recommendation — meets criteria above.
FIRE: Favorable
POLICE: Favorable recommendation
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Owner's Name Owner's Address Owner's City Owner's State Owner's ZIP
THORNTON JOHNATHON &AUBRIE JO 912 W Oak St South Bend IN 46616
MORSE CHARLES VICTOR HENRY 915 W Oak St South Bend IN 46616
MOSS GEORGE G & TAMMY A 22057 Sandybrook Dr South Bend IN 46628
WHITE STEVEN M & DAVID A & BRUCE A & JERRY G 211 S Michigan St Apt 205 South Bend IN 46601
SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616
TAYLOR RICHARD AND DAISY 931 Lasalle West South Bend IN 46601
MEDICH ANDREW S Po Box 4412 South Bend IN 46634
SMITH LEHTIKA 935 Lasalle Ave South Bend IN 46601
CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 1400 South Bend IN 46601
JENKINS VALERIE L 939 W LaSalle South Bend IN 46601
SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616
SMITH GAY R 927 W Lasalle Ave South Bend IN 46601
SMITH RALPH 2104 Lincoln Way W South Bend IN 46628
MORSE CHARLES VICTOR HENRY 911 W Oak St South Bend IN 46616
CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 13th FL South Bend IN 46601
POTTER LUKE 923 W Lasalle South Bend IN 46601
HETH RALEIGH AND CIANCIOLO-HETH LAURA 403 N Cottage Grove Ave South Bend IN 46616
VAN DE WIELLE SHEILA S 102 W Colfax Mishawaka IN 46545
SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616
STUCKEY ROBERT AND KIMBLE MERCEDES S TIC 907 Oak St South Bend IN 46616
SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616
BARNABY CATHERINE E.K. 921 W Oak St South Bend IN 46616
MUHLSTADT GARRETT LEE & ABIGAIL ELIZABETH 917 W LaSalle Ave South Bend IN 46601
SCOTT ANGELA & KUYKENDALL ERICK WH 925 W LaSalle Ave South Bend IN 46601
CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 13th FI South Bend IN 46601
NORVELL TONY & DIANE 902 W Oak St South Bend IN 46616
HETH RALEIGH AND CIANCIOLO-HETH LAURA 403 N Cottage Grove Ave South Bend IN 46616
LOPEZ SILVESTRE AMADO AND LUZ MARINA DAZA DE 2913 Mishawaka Ave South Bend IN 46615
YOUNESS MAHMOUD 928 W Oak St South Bend IN 46616
SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616
HOUSING AUTHORITY SB 501 S Scott St South Bend IN 46601
Smith Flordia M c/o Avis Smith P O Box 751571 Memphis TN 38175
Filed in Clerk's Office
APR 0 5 2022
DAWN M. JONES
CITY CLERK, SOUTH BEND,IN
ZMABONMARCHE C�Ie='s
315 W.Jefferson Blvd. Benton Harbor Hobart
South Bend,IN 46601 Portage Lafayette
T 574.232.8700 APR 015 2022 South Haven South Bend
F 574.251.4440 L�� Fort Wayne Valparaiso
abonmarche.com DAWN M.JONES Goshen
CITY CLERK, SOUTH BEND,IN Engineering Architecture Land Surveying
EXHIBIT B
PROPOSED ALLEY VACATION BETWEEN LOTS 4 & 5, FUERBRINGER'S 1ST ADDITION,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
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THE PARCEL AT 918 W. OAK STREET, OWNED BY CIVIL CITY 0
OF SOUTH BEND WAS TRANSFERRED BY QUIT CLAIM DEED vo
TO SOUTH BEND HERITAGE FOUNDATION, INC. ON Z
MARCH 25, 2022, INSTR NO. 2022-09072 SCALE: 1 =40' 0
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REVISED: Updated Lot 5 Ownership effective 03/25/2022 N
PREPARED FOR: SOUTH BEND HERITAGE DATE OF FIELDWORK: DATE: 02/21/2022 C
ALLEY VACATION BETWEEN FIELDBOOK: ZONING: URBAN 1
914 & 918 W. OAK STREET,
SOUTH BEND, IN REVIEWED BY: 4DRAWN BY: JLM C
SCALE: 1"=40' SHEET 2 OF 2
COPYRIGHT 2022-ABONMARCHE CONSULTANTS.INC.
- :NABONMARCH E
315 W.Jefferson Blvd. Benton Harbor Hobart
South Bend,IN 46601 Portage Lafayette
T 574.232.8700 South Haven South Bend
F 574.251.4440 Fort Wayne Valparaiso
abonmarche.com Goshen
Engineering -Architecture-Land Surveying
EXHIBIT A
PROPOSED ALLEY VACATION BETWEEN LOTS 4 & 5, FUERBRINGER'S 1ST ADDITION,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
PROPOSED ALLEY VACATION LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PART OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST,
PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING A
PART OF FUERBRINGER'S 1 ST ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S ADDITION; THENCE
WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST ALLEY, 10.56 FEET, MORE OR LESS,TO
THE SOUTHEAST CORNER OF LOT 5 IN SAID FUERBRINGER'S ADDITION;THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID LOT 5, 132 FEET, MORE OR LESS, TO THE NORTHEAST
CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK
STREET, 10.56 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS,
COVENANTS, AND RIGHT-OF-WAY OF RECORD.
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PREPARED FOR: SOUTH BEND HERITAGE DATE OF FIELDWORK: DATE: 02/21/2022 C
y ALLEY VACATION BETWEEN FIELDBOOK: ZONING: URBAN 1
914 & 918 W. OAK STREET,
g REVIEWED BY: DRAWN BY: JLM
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COPYRIGHT 2022-ABONMARCHE CONSULTANTS,INC. t7SCALE71-=40' SHEET 1 OF 2
Filed in Clerk's Office
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APR 0 5 2022
�. .PEACE.
JONES
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CITY CLERK,SOUTH BEND,IN
OFFICE OF THE CITY CLERK
D,m\'N M.JONES, CIrI-Y CLERIC
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
(STREETS/ALLEY)
DATE: 3/28/22
To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),petition
you to vacate:
1. THE ALLEY DESCRIBED AS:
Alley between Lots 4 &5 of Fuerbringer's 1st Addition
2. THE STREET DESCRIBED AS:
Abutting Property Owner(s)Signatures:
Name(print): Signature Address Lot Number
L LL L re.. rya N tr1�t INJ - —Z ZZ
1.
South Bend Mutual Homes 914 Oak Street 4
2.
3.
[Filedin Clerk's Office
BILL NO. PR 0 5 202?
WN M.JONES
ORDINANCE NO. RK,SOUTH BEND,IN
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER'S 11T ADDITION
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 1. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
A PARCEL OF LAND BEING A PART OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2
EAST,PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA,
AND BEING A PART OF FUERBRINGER'S 1 ST ADDITION, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S
ADDITION;THENCE WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST
ALLEY, 10.56 FEET,MORE OR LESS,TO THE SOUTHEAST CORNER OF LOT 5 IN SAID
FUERBRINGER'S ADDITION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF
SAID LOT 5, 132 FEET,MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 5;
THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK STREET, 10.56
FEET,MORE OR LESS,TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF
BEGINNING; SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS,AND SUBJECT
TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD.
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:
LOTS 4 & 5 OF FUERBRINGER'S IsT ADDITION
Section IV. The purpose of the vacation of the real property is allow for the construction
of a 30' wide home and meet the requirements of the zoning ordinance. The alley is
currently unused and grass.
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.
Sharon L. McBride, Council President
South Bend Common Council
Attest:
Dawn M. Jones, 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 , 2022, at
o'clock in.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indian File1,k's Office
2022DNESCITY CLTH BEND, IN