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Home My WebLink AboutBill No. 22-22 Alley Vacation Ordinance - Five Corners. East side of SB Ave, Between Corby Blvd and Campeau St.IIABONMARCHE May 18, 2022 South Bend Common Council 227 W. Jefferson Blvd . South Bend, IN 46601 . ··--", ,J,o,".:, u111t;e MAY i:'. 5 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Engineering• Architecture • Land Surveying Re: Alley Vacation East Side of South Bend Avenue between Corby Boulevard and Campeau Street Dear Members of the Council: Please find enclosed a Petition to Vacate a Public Right of Way. The petitioners are requesting the alley vacation to combine the property on both sides for the construction of a new mixed-use development. The petitioner owns all abutting parcels. The Board of Public Works submitted a favorable recommendation for the vacation of this alley. Respectfully, Robert A. Nichols Project Manager 315 West Jefferson Boulevard, South Bend, IN 46601 • 574 .232 .8700 F'I in Cl rk's Office MAY c 5 2022 C C DAW M .JONES O FFICE OF THE ITY LE~--CL_ER_K,_SO_U_TH_B_EN_D_,IN_ D AWN M. J ONES, CITY C LERK PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS/ ALLEY) DA TE: __ ~5~/1~7 /=2=02=2 To the Common Counci l of the City of South Bend, Indiana. I (we), the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRJBED AS: EAST ALLEY FROM SOUTH BEND A VENUE TO FIRST NORTH SOUTH ALLEY BETWEEN CORBY AND CAMPEAU 2. THE STREET DESCRJBED AS : Ab u tting Property Owner(s) Signatures : Name (print): Signature Address 1. Five Comers , LLC 1 124 Corby Blvd , SB 46617 2. 3 . Lot Number 6 13 16 C OUN TY -C ITY B U I LD IN G 227 W. J EFFERSO N B OUL EVA RD SOUTH B EN D, I N DI ANA 46601-1830 CITY OF SOUTH B END JAME S M UE LL ER, MAYOR Mr. Robert Nichols Five Corners , LLC 814 Marietta St. South Bend, rN 4660 I rn ic hol s@ a bonma rch e .com BOARD OF PUBLIC WORKS April 12 , 2022 HONE J - Ax Fil fiM' ins 0 1er k's Office MAY ~ 5 2022 DAW N M. JONES ClrY CLER K, SOUTH BEND, IN RE : Alley /Street Vacation -Alley E. Side of South Bend Ave. between Corby Blvd. & Campeau St. (Preliminary Review) Dear Mr. Nichol s: At its April 12 , 2022 meetin g, 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 nei ghborhood 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 mean s of public way difficult or inconvenient. The vacation would not hinder the public 's acces s 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 conti guous. Therefore , the Board of Public Work s submitted a favorable recommendation for the vacation of this alley subject to any additional space needed to allow for turning movements at the "L" alley intersection be located on the petitioners property so as not to burden the adjacent residential property owner. The petitioner should consult with City Engineering to determine if/ how much additional space is needed for turning movements. If you still wi sh to pur sue this alley vacation , please bring th.is BPW Recommendation Packet to the City Clerk 's Office , located on the fourth floor of the County-City Building . Alley /Street vacation s require a presentation to the Common Council , approval of an ordinance , and certification of the ordinan ce from the Ma yor . The property then must be recorded with the Recorder 's Office to ensure th at your 50 % ownership of th e property is appropriately tran sferred to your name . lf you have any question s about how the alley vacation will affect your property taxes , please contact the Auditor 's Office. If you have any further questions , plea se call this office at (574) 235-9251. Enclo s ure s TH/lh Sincerel y, Isl Th eres a H e ffn er Th e re sa Heffner , Clerk ELI ZAB ET H A . M ARA DI K J OSE PH R. M OLNA R G ARY A . G I LOT J ORD AN V . G ATH ERS M URRA Y L . MILLER Filed in Clerk's Office BILL NO. 22-22 ORDINANCE NO. ------ l MAY l 5 2022 ) DAWN M. JONES CITY CLERK, SOUTH BEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY : ALLEY EAST SIDE OF SOUTH BEND A VENUE BETWEEN CORBY BOULEVARD AND CAMPEAU STREET ST A TEMENT 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 : EAST ALLEY FROM SOUTH BEND A VENUE TO FIRST NORTH SOUTH ALLEY BETWEEN CORBY AND CAMPEAU . 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, 6 , 7,260 ,261 ,262 & 263 of Park Pl 3rd Add Section IV. The purpose of the vacation of the real property is to combine the property on both sides for the construction of a new mixed-use development. 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 . m. 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, Indiana Filed in Clerk's Office MAY t.. 5 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN DATE: March 4, 2022 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Matt Longfellow , Public Works Chris Dressel , Community Investment Gerard Ellis , Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin .gov) Filed in Clerk's Office G"L szozz ] DAWN M. JONES CITY CLERK, SOUTH BEND, IN SUBJECT: REQUEST FOR RECOMMENDATIONS-ALLEY VACATION APPLICANT: Five Corners LLC-Represented by Robert Nichols LOCATION: East Side of South Bend Ave. Between Corby Blvd. and Campeau St. 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 diffi cult or inconvenient. 3. The vacation wou ld/would not hinde r the public 's access to a church , school or other public bu il ding 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 wh ich it is contiguous . PUBLIC WORKS: Favorable, but with the strong recommendation that they obtain an access easement "chamfer" at the southeast corner of the intersection of the N/S and E/W alley. A map example is supplied . This would allow for a better turning angle for large vehicles. COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable POLICE: Favorable recommendation STREET/ ALLEY VACATION APPLICATION City of South Bend -Board of Public Works 227 W. Jefferson Boulevard , Ste. 1316 South Bend , IN 46601 Filed in Clerk's Office ~-l~20ZZ I DAWN M. JONES CllY CLERK , SOUTH BEND, IN Date: 2/28/22 Phone#: 57 4.328.9701 Fi ve Corners LLC (Represented by Robert Nichols) Name: Email: rnichols@abonmarche.com Property Address : EAST SIDE OF SOUTH BEND AVE BETWEEN CORBY BLVD AND CAMPEAU ST Applicant property information: D Residential iJ Commercial D Industri al Describe the general alley location with boundaries (Ex : Church Pl, between E. Colfax Ave & E. LaSalle Ave): E/W Alley Between South Bend Ave and N/S Alley Is your property adjacent to the alley of interest? Do you own all adjacent properties to the alley of interest? Does the existing alley provide garage access to other property owners? 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? Reason for street/alley vacation and proposed use: ~ Yes 0 No ~ Yes □No D Yes ~No D Yes ~No D Yes ~No The alley vacation is being requested to combine the property on both sides for the construction of a new mixed-use development. A map MUST be provided highlighting the area you would like to vacate with this application . OFFICE USE ONLY: Board Recommendation : CITY OF SOUTH B END, rND I ANA BOARD OF PUBLIC WORKS "§1lJ\J! Eli zabeth A. Maradik , Pre sid e nt Gary A. Gilot, M~rnbe r Murra y L. Mill er, Me mber c1'ves □No Jos eph R. Molnar, Vi ce Pre sident Jun.Jan V. Gathers, Member Attest: Theresa M. Heffiier, C lerk Daw : April 12 , 2022 SJC Parcel Dimensions SJC Parcels Alley Vacation Request txtSubTitfe Map Generatod By: Public Oate Printed: 2/2812022 1 inch = 75.00 feet N Miles 0 0.00 0.01 0.01 Coordinate grid is based on Indiana East State Plane Coordinate System 1983 North American Datum. Information shown on this map is not warranted for accuracy or merchantability. Reproduction or distribution of !Ns material is not authorized without the ·express wri$n permission of MACOG. -1 _s---~ ~--t I ,, I·♦ I• FilW'd in d1erk'b Qfficf DAWN M. JONES CITY CLERK, SOUTH BEND, IN Filed in Clerk's Office MAY L 5 2022 DAWN M. JONES CllY CLERK, SOUTH BEND, IN FIVE CORNERS MULTI -FAM ILY PROJECT SOUTH BEND , INDIANA Recommend a chamfer -asement here for large vehicle turning. DAWNM~NES CITY CLERK, SOUTH BEND, IN ZZOZ <; 7. AVW 90!:JlO S,>jJ91~ LI! P91!.:i I 'ON38 H.1nos ">18378 A.118 S3NOr ·v,.i NMVO ZZOZ <; 7. ,WW Fi led in Clerk's Office MAY L: 5 2022 DAWN M. JONES parcel id prop_addr prop_city prop_state RK, SOUTH BEND, IN 018 -5087 -3103 1125 CAMPEAU ST SOUTH BEND IN 46617 018-5087-3104 1129 CAMPEAU ST SOUTH BEND IN 46617 018-5087-3105 1135 CAMPEAU ST SOUTH BEND IN 46617 018 -5087-3106 1137 CAMPEAU ST SOUTH BEND IN 46617 018-5087-3094 1140 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3099 1111 CAMPEAU ST SOUTH BEND IN 46617 018 -5087-3100 1115 CAMPEAU ST SOUTH BEND IN 46617 018-5087-3101 1117 CAMPEAU ST SOUTH BEND IN 46617 018 -5 087-3102 1121 CAMPEAU ST SOUTH BEND IN 46617 018-5087-3086 1116 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3087 1118 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3088 1120 CORBY BLVD SOUTH BEND IN 46617 018-5087 -3089 1124 CORBY BLVD SOUTH BEND IN 46617 018-5087-3090 1128 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3091 1132 CORBY BLVD SOUTH BEND IN 46617 018-5087-3092 1134 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3093 1136 CORBY BLVD SOUTH BEND IN 46617 018-5087-308201 1015 SOUTH BEND AVE SOUTH BEND IN 46617 018-5087-3085 1112 CORBY BLVD SOUTH BEND IN 46617 018 -5087-3098 1105 CAMPEAU ST SOUTH BEND IN 46617 '