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Home My WebLink AboutSubstitute Bill No. 62-22 Alley Vacation - 824 N. Hill St1316 CouNTY-C[TY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, ImiANA 46601-1830 Mr. Daniel A. Machiela 824 N. Hill St, South Bend, IN 46617 dmachiela.nd.edu PHo /-2a5=925} FAx 5741235-9171- i CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 13, 2022 RE: Alley/Street Vacation — Alley at 824 N. Hill Street (Preliminary Review) Dear Mr. Machiela: SEP 18 IN At its September 13, 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 pending the applicant hiring a bonded and permitted contractor to remove the existing alley entrance apron between sidewalk and N. Hill Street and installing a new six (6) inch curb across the opening within thirty (30) days. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 46 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, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARAD& JosEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MUR.RAY L. MILLER LFiFled in Clerk's OfficeeSEP % ; 202_.2 BILL NO. 62-22 AWN M. JONES ORDINACE NO. OUTTH BEND, NN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION — N -S ALLEY STARTING FROM HILL ST TO FIRST E- W ALLEY BETWEEN CORBYAND KALORAMA 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: N -S ALLEY STARTING FROM HILL ST TO FIRST E -W ALLEY BETWEEN CORBY AND KALORAMA 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: 82 4182 0 NHILL ST, DANIEL AND JODYMACHIELA 816 NHILL ST, BECKY ADAMS Section IV. The purpose of the vacation of the property is: THIS UNIMPROVED ALLEY HAS NOT BEEN IN USE FOR DECADES, WITH EASY ACCESS FOR ALL ADJACENT PROPERTIES PROVIDED THROUGH THE BACKALLEY. ALL PARKING AND GARAGES ARE OFF OF THE BACK ALLEY. 820 AND 824 N HILL HAVE NOW BEEN COMBINED FOR A SINGLE HOME. BOTH ADJACENT PROPR TIES WOULD LIKE THE ALLEY TO BE SPLIT AND USED FOR GREENIYARD SPACE. 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. Approved and signed by me on the M. Dawn M. Jones, City Clerk Office of the City Clerk day of James Mueller, Ma} City of South Bend, , 2022, at o'clock in Clerk's Office SEP ?8 2022 DAWN M. JONES CITY CLERK, SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: July 20, 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) f SEP >�D, SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Daniel A. Machiela LOCATION: 824 N. Hill 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: No objections to the vacation pending the applicant hires a bonded and permitted contactor to remove the existing alley entrance apron between sidewalk and N. Hill Street, then install new 6" curb across the opening. Recommending this should take place within 30 days after City Council approval of the vacation. COMMUNITY INVESTMENT: Recommended for approval subject to removing the approach and reestablishing curb FIRE: Favorable POLICE: Favorable recommendation a� IT" UG STREEVALLEY VACATION APPLICATION r- City of South Bend - Board of Public Works S` 227 W. Jefferson Boulevard, Ste. 1316pa,r�r� ,v . JUi�� ^� South Bend, I N 46601 LCIaLCLERK, SOUTH BEND, IN )se, Date: July 14, 2022 Name: Daniel A. Machiela Property 824 N. Hill St. Phone #: 616-416-6859 Email: dmachiel@nd.edu Address: Applicant property information: 0 Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave &E. LaSalle Ave): The alley is currently unimproved and lies between two homes on the east side of N. Hill St. between Corby and Kalorama. N S a ey starting from Hi St to first E W a ey between Corby and Ka orama Is your property adjacent to the alley of interest? [■] Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes Q No Does the existing alley provide garage access to other property owners? ❑ Yes R No Does the alley receive daily traffic excluding your own use? ❑ Yes 0 No Would the vacation hinder public access to any of the following: a church, ❑ Yes Q No school, or any other public building or place? Reason for street/alley vacation and proposed use: This unimproved alley has not been in use for decades, with easy access for all adjacent properties provided through the back alley. All parking and garages are off of the back alley. 820 and 824 N. Hill have now been combined for a single home. Both adjacent properties would like the alley to be split and used for green/yard space. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 1*1�a Elizabeth A. Maradik, President Gary A. Gilot, Member 4 7".10-4 Murray L. Miller, Member Yes . ❑ No 11'/1Z`' Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: September 13, 2022 a QlE:�k��,�r-, X410 LA • o `:i l� o c] _► o c� w ■ m 14 Corby Blvd Corby Blvd Corby Blvd Corby Blvd Corby Blvd U z x O N Cp P z x 9 z �,olLfld" p fO� v 1 / Kalorama St Kalorama St I z O C in a z N r 0 c N m a 01 r 0 S. N 6 Kalorama St Corby SEP DA''\ CITY CLERK, � I-L—ND, IN Corby Blvd Corby Blvd Corby Blvd Corby Blvd Corby Blvd U z x O N Cp P z x 9 z �,olLfld" p fO� v 1 / Kalorama St Kalorama St I z O C in a z N r 0 c N m a 01 r 0 S. N 6 Kalorama St Corby SEP 8 CITY CLERK, SO-; -, SEND, IN . '94 Kisha Hoover 803 N. Hill St. South Bend, IN 46617 Alan Weber & Tracy Allega 809 N. Hill St. South Bend, IN 46617 Zachary Spaulding 813 N. Hill St. South Bend, IN 46617 Brandon Prince 808 N. Hill St. South Bend, IN 46617 Becky Adams 816 Hill St. South Bend, IN 46617 Kevin & Cathlin Coughlan 814 N. Hill St. South Bend, IN 46617 SEP Oa ✓i/i� ✓� - �J CITY CLt; sn, Si erEND, IN Century Builders- 230 W. Catalpa Dr. Mishawaka IN, 46545 ---- 820 N. Hill St. South Bend, IN 46617 516 Corby LLC- 10 Hanover Square New York, NY 10005 ----- 516 Corby Blvd. South Bend, IN 46617 520 Corby Blvd. South Bend, IN 46617 ----- 827 N. Hill St. South Bend, IN 46617 ----- 524 Corby Blvd. South Bend, IN 46617 602 Corby Blvd. South Bend, IN 46617 Stefan Borysiak & Irene Arellano PO BOX 441 South Bend, IN 46624 ----- 821 N. St. Louis Blvd, South Bend IN, 46617 South Bend Realty LLC 6 Fairland Farms Rd Kinderhook NY, 12106 ------ 815 N. St. Louis Blvd South Bend, IN 46617 Richard & Elizabeth Harte 804 N. Hill St. South Bend, IN 46617 Susan Papagiannis 16635 Bennington Ct. Granger IN 46530 ----- 805 N. St Louis Blvd. South Bend, IN 46617 Century Builders INC. 230 W. Catalpa Dr. Mishawaka IN 46545 ---- 824 N. Hill St. South Bend, IN 46617 Michael Fischer 53195 Ridgewood Dr. South Bend, IN 46637 ---- 825 N. St. Louis Blvd. South Bend, IN 46617 Latoya Miller 833 N. St. Louis Blvd. South Bend, IN 46617 Mills Family Trust — 504 Via Media Palos Verdes Estates CA, 90274 ----- 809 N. St Louis Blvd. South Bend, IN 46617 SEP Oscar Barajas & Kathryn Wehrli 817 N. St. Louis St. South Bend, IN 46617 Bradley Rouse & Michael Papagiannis 828 N. Hill St. South Bend IN 46617 Lc—,=C[L-E�-Ii�11'11' SOUTH BEND, IN Melinda Marlow 1935 N. Oakley Ave. Chicago IL 60647 ----- 831 N. St. Louis Blvd, South Bend IN 46617 Berg Family Trust 14556 Old Farm Rd Granger IN 46530 ----- 827 N. Hill St. South Bend, IN 46617 Michael Voll 823 H. Hill St. South Bend, IN 46617