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Home My WebLink AboutAlley Vacation - 1807 Lincoln Way West 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 October 11, 2022 Mr. Marco Morocho 1807 Lincoln Way West South Bend, IN 46628 Norma0719@aol.com RE: Alley/Street Vacation – 1807 Lincoln Way West (Preliminary Review) Dear Mr. Morocho: At its October 11, 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 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 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 an unfavorable 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 the 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: September 6, 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: Marco Morocho LOCATION: 1807 Lincoln Way West _____________________________________________________________________________________________________________ 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: Unfavorable. Would make alley access difficult or inconvenient. COMMUNITY INVESTMENT : Unfavorable – based on criteria 2 and 4 above. Would make alley access difficult or inconvenient. 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 October 11, 2022  Name Mailing Address Proper Address Marcos Villalba 826 S. Falcon St. South Bend, IN 46619 1804 Lincoln Way W. South Bend, IN 46628 Julie Lara 2205 S. Lafayette Blvd. South Bend, IN 46613 918 N. Brookfield St. South Bend, IN 46628 SFR3-050 LLC. 228 Park Ave. S New York, NY 10003 913 College St. South Bend, IN 46628 Linda Lowrance 664 41st St. Oakland, CA 94609 1818 Lincoln Way W. South Bend, IN 46628 Walter Temple 71166 Indiana Lake Dr. Union, MI 49130 1718 Lincoln Way W. South Bend, IN 46628 Juan Amoura-Lopez 1810 Lincoln Way W. South Bend, IN 46628 1810 Lincoln Way W. South Bend, IN 46628 Robert Easley 1814 Lincoln Way W. South Bend, IN 46628 1814 Lincoln Way W. South Bend, IN 46628 J. Lorraine LLC. 1805 Lincoln Way W. South Bend, IN 46628 1805 Lincoln Way W. South Bend, IN 46628 Michael Kopec 1819 Lincoln Way W. South Bend, IN 46628 1819 Lincoln Way W. South Bend, IN 46628 Richard McClure 217 N. Burbank Ave. South Bend, IN 46619 1815 Lincoln Way W. South Bend, IN 46628 TDJ Phase I LLC. 2014 Cornflower Ct. Mishawaka, IN 46544 1813 Lincoln Way W. South Bend, IN 46628 Marco Morocho 515 Pulaski St. South Bend, IN 46619 1807 Lincoln Way W. South Bend, IN 46628 J. Lorraine LLC. 1805 Lincoln Way W. South Bend, IN 46628 825 College St. South Bend, IN 46628 Joe Dolph Sr. 663 Pine Rd. Plymouth, IN 46563 910 N. Brookfield St. South Bend, IN 46628 Civil City of South Bend 227 W. Jefferson Blvd. Suite 1400 South Bend, IN 46601 903 College St. South Bend, IN 46628 Real State Co. LLC. 12060 Mapleridge Crescent Oakville, ON L6M 2H1 901 College St. South Bend, IN 46628 Amon Frison 914 N. Brookfield St. South Bend, IN 46628 914 N. Brookfield St. South Bend, IN 46628 Willie Taylor 738 Sherman Ave. South Bend, IN 46628 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 Revised September 27, 2022