HomeMy WebLinkAboutAlley Vacation - 831 Park Avenue
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
Ms. Karen Gindele
831 Park Ave.
South Bend, IN 46616
Gindelekc1@gmail.com
RE: Alley/Street Vacation – 831 Park Ave. (Preliminary Review)
Dear Ms. Gindele:
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: Karen Gindele
LOCATION: 831 Park Avenue
_____________________________________________________________________________________________________________
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 access difficult or inconvenient – there is a garage
that requires access from the alley in question.
COMMUNITY INVESTMENT : Unfavorable – based on criteria 2 and 4 above. Would make alley
access difficult or inconvenient. Would prevent garage access.
FIRE: Favorable
POLICE: Favorable recommendation
October 11, 2022
Name Mailing Address Proper Address
Jason Springs & Atalia Omer 824 Park Ave. South Bend, IN
46616
824 Park Ave. South Bend, IN
46616
Michael Connell 826 Forest Ave. South Bend, IN
46616
826 Forest Ave. South Bend, IN
46616
Terri & Timothy Bays 827 Park Ave. South Bend, IN
46616
827 Park Ave. South Bend, IN
46616
Karen Gindele 831 Park Ave. South Bend, IN
46616
831 Park Ave. South Bend, IN
46616
Victoria Hyland 824 Forest Ave. South Bend, IN
46616
824 Forest Ave. South Bend, IN
46616
James & Tracy Hickey 819 Park Ave. South Bend, IN
46616
819 Park Ave. South Bend, IN
46616
Charlies & Kathy Jo Reger 816 Forest Ave. South Bend, IN
46616
816 Forest Ave. South Bend, IN
46616
Andrew Hoyt & Bridget
O’Brien
844 Park Ave. South Bend, IN
46616
844 Park Ave. South Bend, IN
46616
Shawn & Jeffrey Rock for Betty
Mesecar
834 Park Ave. South Bend, IN
46616
834 Park Ave. South Bend, IN
46616
Jerry & Ginger Beatty 817 Park Ave. South Bend, IN
46616
817 Park Ave. South Bend, IN
46616
Carl Gillett 830 Park Ave. South Bend, IN
46616
830 Park Ave. South Bend, IN
46616
Richard Marcantonio & Lesley
Sullivan-Marcantonio
828 Park Ave. South Bend, IN
46616
828 Park Ave. South Bend, IN
46616
Jason Ruiz 830 Forest Ave. South Bend, IN
46616
830 Forest Ave. South Bend, IN
46616
Kevin & Shelly Baumgartner 834 Forest Ave. South Bend, IN
46616
834 Forest Ave. South Bend, IN
46616
David Faulkner 835 Park Ave. South Bend, IN
46616
835 Park Ave, South Bend, IN
46616
Shock Living Trust 836 Dushane Ct. South Bend,
IN 46616
836 Park Ave, South Bend, IN
46616
Stephen Stewart & Louise
Arsenault
838 Park Ave. South Bend, IN
46616
838 Park Ave. South Bend, IN
46616
Thomas Greening 836 Forest Ave. South Bend, IN
46616
836 Forest Ave. South Bend, IN
46616
Cole Hay 841 Park Ave. South Bend, IN
46616
841 Park Ave. South Bend, IN
46616
John and Diana Mattias 840 Park Ave. South Bend, IN
46616
840 Park Ave. South Bend, IN
46616
LKM Realty LLC. 27050 Jackson Rd. North
Liberty, IN 46554
846 Park Ave. South Bend, IN
46616
Jonathan & Kathryn Chisum 844 Forest Ave. South Bend, IN
46616
844 Forest Ave. South Bend, IN
46616
Amal & Peter Farrough 843 Park Ave. South Bend, IN
46616
843 Park Ave. South Bend, IN
46616
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