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Home My WebLink AboutAlley Vacation - 912 W. Oak 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 September 27, 2022 Ms. Aubrie Thornton 912 W. Oak St. South Bend, IN 46616 Amilliman94@gmail.com RE: Alley/Street Vacation – Alley at 912 W. Oak St. (Preliminary Review) Dear Ms. Thornton: At its September 27, 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. In its Ordinance, the City of South Bend Common Council included the Board of Public Works’ requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. These updates should be made within ninety (90) days of final approval from Common Council. Please notify us when this work is complete. If you have any further questions, please call this office at (574) 235- 9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 17, 2022 TO: Matt Longfellow, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS – ALLEY VACATION APPLICANT: Aubrie Thornton LOCATION: 912 W. Oak 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 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 recommendation – meets criteria above. FIRE: Favorable POLICE: Favorable recommendation Date: 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 Yes No Does the existing alley provide garage access to other property owners? Yes No Yes No Yes No Yes No Board Recommendation: 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: A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: STREET/ALLEY VACATION APPLICATION City of South Bend – Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 President Member Member Member Member Attest N/S alley running between 912 and 908 Oak Street to first E/W alley September 27, 2022  Name Mailing Address Proper address Tammy & George Moss 22057 Sandybrook Dr. South Bend, IN 46628 915 W. LaSalle Ave. South Bend, IN 46616 Catherine Barnaby 921 W. Oak St. South Bend, IN 46616 921. Oak St. South Bend, IN 46616 Charles Morse 915 W. Oak St. South Bend, IN 46616 915 W. Oak St. South Bend, IN 46616 Andrew Medich PO Box 4412 South Bend, IN 46634 409 Cottage Grove Ave. South Bend, IN 46616 Charles Morse 915 W. Oak St. South Bend, IN 46616 911 W. Oak St. South Bend, IN 46616 Florida Smith, c/o Avis Smith PO Box 751571 Memphis, TN 38175 909 W. Oak St. South Bend, IN 4616 Robert Stuckey & Mercedes Kimble 907 Oak St. South Bend, IN 46616 907 W. Oak St. South Bend, IN 46616 Gay Smith 927 W. LaSalle Ave. South Bend, IN 46601 927 W. LaSalle Ave. South Bend, IN 46616 Angela Scott 925 W. LaSalle Ave. South Bend, IN 46601 925 W. Lasalle Ave. South Bend, IN 46616 Luke Porrter 923 W. LaSalle Ave. South Bend, IN 46601 933 W. LaSalle Ave. South Bend, IN 46616 Garrett Muhlstadt & Abigail 917 W. LaSalle Ave. South Bend, IN 46601 917 W. LaSalle Ave. South Bend, IN 46616 SB Housing Authority 501 S. Scott St. South Bend, IN 46601 907 W. LaSalle Ave. South Bend, IN 46616 Ralph Smith 2104 Lincoln Way W. South Bend, IN 46628 911 W. LaSalle Ave. South Bend, IN 46616 SB Mutual Homes 803 Lincoln Way W. South Bend , IN 4666 914 W. Oak St. South Bend, IN 46616 Diane and Tony Norvell 902 W. Oak St. South Bend, IN 46616 902 W. Oak St. South Bend, IN 46616 Raleigh Heth & Laura Cianciolo-Heth 403 N. Cottage Grove Ave. South Bend, IN 46616 407 Cottage Grove Ave. South Bend, IN 46616 SB Heritage Founcation Inc. 803 Lincoln Way W. South Bend , IN 46616 918 W. Oak St. South Bend, IN 46616 Sheila Van De Wielle 102 W. Colfax Ave. Mishawaka, IN 46545 908 W. Oak St. South Bend, IN 46616 Civil City of South Bend 227 W. Jefferson Blvd. Suite 1400 321 Cottage Grove Ave. South Bend, IN 46616 Tamika Donaldson 903 W. LaSalle Ave. South Bend, IN 46601 903 W. LaSalle Ave. South Bend, IN 46601 BILL NO. _______________ ORDINANCE NO. __________________ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE IN HERE THE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE) _____________________________________________________________________________ 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: (TYPE IN HERE THE COMPLETE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE) 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: (TYPE IN HERE THE LOT NUMBERS OF THE PROPERTY OWNERS THAT ABUT THE PROPERTY TO BE VACATED. YOU DO NOT NEED TO INDICATE THE NAMES AND LOT NUMBERS OF ALL PERSONS WITHIN 150- FEET - ONLY THE ABUTTING PROPERTY OWNERS.) Section IV. The purpose of the vacation of the real property is (COMPLETE THE ABOVE SENTENCE INDICATING WHY YOU DESIRE TO HAVE THE PROPERTY VACATED) 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. ___________________________________ Karen White, 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