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Home My WebLink AboutRight-of-Way Vacation - 1100 Block Corby Blvd. - Five Corners, LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 14, 2023 Mr. Robert Nichols for Five Corners, LLC 814 Marietta St. South Bend, IN 46601 rnicholsgabonmarche. com RE: Right -of -Way Vacation — 1100 Block of Corby Blvd. (Preliminary Review) Dear Mr. Nichols: At its February 14, 2023 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 Right -of -Way with a request to maintain the same distance from back of curb and degree of curve in road. If you still wish to pursue this Right -of -Way vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4' 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 Right -of -Way 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER � 4SpUTH 8�,�d v e w y PEACE % k 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 11, 2023 TO: Matt Longfellow, Public Works Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ROW VACATION APPLICANT: Robert Nichols for Five Corners, LLC LOCATION: 1100 Block of Corby Blvd. 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 this vacation, assuming the legal description for the proposed new right-of-way line (along south side of Corby) maintains the same distance from back of curb and the degree of curve in the road as the existing right-of-way line of Corby. COMMUNITY INVESTMENT: Favorable recommendation includes request to include the ROW remnant found at the SW corner of Arthur Street and Corby. FIRE: Favorable POLICE: Favorable recommendation TN$ STREET/ALLEY VACATION APPLICATION D City of South Bend - Board of Public Works r �f 227 W. Jefferson Boulevard, Ste.1316 v " » " South Bend, IN 46601 Date: 1 /11 /2023 RECEIVED JAN 11 2023 City of South Bend Div. of Engineering Phone #: 574-232-8700 Five C_gtners, LC rnichols@abonmarche.com Name: f`s14 0 E0.{y UCP b M Email: Property ��bD -6-0C)L Address: 11+ . {��y�>*',♦ `�' f �L�1D�� Applicant property information: ❑ Residential 9 Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Excess Right of Way on the South Side of Corby Blvd, West of Arthur St. Is your property adjacent to the alley of interest? 0 Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes R] No Does the existing alley provide garage access to other property owners? ❑ Yes 0 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 0 No school, or any other public building or place? Reason for street/alley vacation and proposed use: Five Corners LLC recently acquired both homes that used the excess ROW for access and parking. it is their intent to combine this excess ROW with their adjacent parcels for their new proposed 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 BEND, INDIANA BOARD OF PUBLIC WORKS IAA�a Elizabeth A. Maradik, President Gfsfl-rites Gary A. Gilot, Member A Murray L. Miller, Member 5(yes ❑ No Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: February 14, 2023 Zr Legend SJC Parcel Dimensions SJC Parcels SJC Street Michiana Regional GIS Website txtSubTitle Map Generated By: Public 1 inch = 75.00 feet Date Printed: 12/30/2022 N Miles ff 0 0.00 0.01 0.01 /s 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 this material is not authorized without the express written permission of MACOG, i —!16 - �; I I I I t 4 �•. s� ra ■1 a» ti CJ ° O rt �• w! �4 r F . , • T LZOWWAL 60 1 NO ( • QA { Nt -.. mailingadd mailingcit mailing mailingzip name _1 prop_addr prop_city prop_si prop_zip 10843 Weston Dr Carmel IN 46032 ALFORD PAULA L & JERRY B 1148 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL F & JILL E 1201 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1133 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1124 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1132 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1125 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL & JILL E KUHARIC 1209 CORBY BLVD SOUTH BEND IN 46617 1135 CORBY BLVD SOUTH BEND IN 46617 1137 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1140 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1144 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1128 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1134 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1136 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1136 SOUTH BEND AV SOUTH BEND IN 46617 16001 S 108th Ave Orland Park IL 60467 RL WHITCOMB LLC 1202 CORBY BLVD SOUTH BEND IN 46617 1526 E LaSalle South Bend IN 46617 KUHARIC PAUL & KIMMELL ANN MARIE :IABONMARCHE LETTER OF TRANSMITTAL lux ATTN: Engineering • Architecture • Land Surveying City of South Bend - DATE: 1 /1 1 /23 JOB NO.: 19-1943 Dept of Engineering/Board of Public Works RESt WE ARE SENDING YOU: reet/Alley Vacation Application ❑ Contract / Agreement ❑ Prints / Plans ❑ Shop Drawings ❑ Change Order ❑ Specifications ❑ COPIES DATE DESCRIPTION 1 1 /1 1 /23 Street/Alley Vacation Application THESE ARE TRANSMITTED as checked below: ® For Review & Comment ❑ For Your Use ❑ As Requested ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ For Bids Due: Dr -AA A DVC. COPY TO: SIGNED: If enclosures are not as noted, kindly notify us at once. 315 West Jefferson Boulevard, South Bend, IN 46601 • 574.232.8700 abonmarche.com BILL NO. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE INHERE 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 INHERE THE COMPLETE LEGAL DESCRIPTION THATA 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 AB UT 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 From: Angela M. Smith To: Theresa Heffner; Chris Dressel Subject: RE: ROW Recommendation Date: Friday, February 10, 2023 9:56:38 AM Attachments: imaoe001.Dna mage002.p Good morning. When vacating the portion 5 Corners was interested it, it was decided it would be preferred to not leave an odd area of dedicated ROW that doesn't have a logical purpose. Here are some points to share with the Board • The primary reason for including it would be for ROW clean up and to avoid confusion. The property has direct access to the side street and alley. • Per the rules of vacation, that portion would go to the adjacent property owner (i.e the house at the corner) unless documentation was provided that it was solely taken from another parcel during the original platting. • We do not require consent from the adjacent property owner when there is a ROW vacation. However, we have asked the developer to reach out to the property owner. • The property owner will receive a certified notice when this is filed with the Council. • There may be a slight change in taxes, but it's not likely to be significant. • The adjacent property owner is already required to maintain this portion of property, so there will be no increase in responsibility. The developer is fully aware of the intent. It was a suggestion, not a requirement, but would make sense to handle at this time instead of addressing again in the future. I hope that helps. AngeCa 371. Smith Zoning Administrator Department of Community Investment ! 227 W. Jefferson Blvd., Suite 1400 S. South Bend, IN 46601 :.. y ' (574)235-9451 www.southbendin.gov/zoning We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Theresa Heffner <theffner@southbendin.gov> Sent: Friday, February 10, 2023 9:32 AM To: Angela M. Smith <amsmith@south bend in.gov>; Chris Dressel <cdressel@south bend in.gov> Subject: FW: ROW Recommendation Angela and/or Chris — This ROW vacation is on the BPW agenda and was reviewed at the agenda review session yesterday. There was some confusion on the additional ROW property and who would be taking ownership of it. I initially thought that DCI wanted Five Corners LLC to take ownership of this in addition to their request. But after further discussion we learned that maybe the property owner on the corner is who you want to take the small ROW? The board needs further clarification on this and asks that the property owner on the corner be notified to see if they want the ROW. Can we get a letter explaining what the expectation is and something showing approval of either party that will be taking over the corner ROW. Maybe this is part of ROW cleanup? If this is not possible to receive today, I will need to table this item until we get clarification. Please feel free to call if that is easier. Theresa Theresa Heffner Office Administrator, Department of Public Works Clerk to Boards of Public Works and Public Safety (574)235-9253 theffner(@southbend in. oovv - City of South Bend ' 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment From: Zach Hurst <zhurstCo)southbend in.gov> Sent: Wednesday, February 8, 2023 10:27 AM To: Theresa Heffner <theffnerCci)southbendin.aov> Cc: Charlotte Brach <cbrach(@southbend in.gov> Subject: RE: ROW Recommendation Theresa - After BPW approves this vacation, it goes to Council. After Council approves, that is when this homeowner gets formally notified by way of certified letter. Abonmarche, the applicant, is in the process of contacting the homeowner via phone so they are aware. After receiving the certified mail from Council, the homeowner has the opportunity to push back and decline this new piece of private property, keeping it as ROW. Thanks, Zach Hurst, P.E. Project Engineer City of South Bend, Indiana 574.235.5888 x3057 From: Theresa Heffner <theffner(@southbendin.gov> Sent: Tuesday, February 7, 2023 2:11 PM To: Zach Hurst <zhurst(@southbend in.gov>; Charlotte Brach <cbrachpsouthbendin.gov> Subject: RE: ROW Recommendation Zach — Did someone communicate with them about this extra piece of land? Just asking in case questions arise. Theresa Theresa Heffner Office Administrator, Department of Public Works } Clerk to Boards of Public Works and Public Safety (574)235-9253 �< < theffner(@southbend in. oovv _ — City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment From: Zach Hurst <zhurst(@southbend in.gov> Sent: Tuesday, February 7, 2023 8:40 AM To: Theresa Heffner <theffner(@southbend in.gov>; Charlotte Brach <cbrach(@southbend in.gov> Cc: Hillary Horvath <hhorvath(@southbend in.gov>; Laura Hensley <Ihensley(@southbend in.gov> Subject: RE: ROW Recommendation For now, this can go on the BPW agenda as is, favorable with a 'subject to'. Thanks, Zach Hurst, P.E. Project Engineer City of South Bend, Indiana 574.235.5888 x3057 From: Theresa Heffner <theffner(@southbend in.gov> Sent: Monday, January 30, 2023 3:31 PM To: Zach Hurst <zhurst(@southbend in.gov>; Charlotte Brach <cbrach(@southbend in.gov> Cc: Hillary Horvath <hhorvath(@southbend in.goy>; Laura Hensley <Ihensley(d)southbend in.gov> Subject: RE: ROW Recommendation Thanks, Zach. Theresa Heffner Office Administrator, Department of Public Works :} Clerk to Boards of Public Works and Public Safety (574)235-9253 theffner(@southbendin.gov City of South Bend Wa ', 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment From: Zach Hurst <zhurst(@southbend in.gov> Sent: Monday, January 30, 2023 3:30 PM To: Charlotte Brach <cbrach(@southbend in.gov>; Theresa Heffner <theffner(@southbend in.gov> Subject: FW: ROW Recommendation Charlie — here is an item for Wednesday for discussion. Theresa — the applicant does not own that next parcel to the east — that's a private property owner. So Abonmarche would be applying to vacate the ROW on behalf of someone else. We will need to discuss as a group the best option. Thanks, Zach Hurst, P.E. Project Engineer City of South Bend, Indiana 574.235.5888 x3057 From: Theresa Heffner <theffner(@southbend in.gov> Sent: Monday, January 30, 2023 3:23 PM To: Zach Hurst <zhurst(@southbend in.gov> Subject: FW: ROW Recommendation Zach — With Chris Dressel's recommendation, should someone reach out to them to see if they want the additional land, or do we send it to the board as is? Thanks, Theresa �. Theresa Heffner Office Administrator, Department of Public Works r4:} Clerk to Boards of Public Works and Public Safety _ (574)235-9253 - theffnerPsouthbend in.gov City of South Bend f 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation Inclusion I Empowerment From: Hillary Horvath <hhorvath6Dsouth bend in. gov> Sent: Monday, January 30, 2023 2:40 PM To: Laura Hensley <lhensley(a southbendin.gov> Cc: Theresa Heffner <theffner(@southbend in.gov> Subject: ROW Recommendation Favorable recommendations, Please see Chris Dressel's request for additional area to be vacated. Hi l zwg Horvc iti �. Pg�,,• Administrative Assistant �x4i r4 r Department of Public Works �5r r (574)235-9251 hhorvath(@south bendin.gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence I Accountability I Innovation I Inclusion I Empowerment From: Robert Nichols I. Theresa Heffner Subject: Re: ROW Vacation 1100 Block of Roby Blvd. - Information Needed Date: Friday, February 10, 2023 11:17:58 AM Attachments: maoe001.ona imaae002.ona The developer is reaching out to them. Get Outlook for iOS From: Theresa Heffner <theffner@southbendin.gov> Sent: Friday, February 10, 2023 10:41:19 AM To: Robert Nichols <rnichols@abonmarche.com> Subject: ROW Vacation 1100 Block of Roby Blvd. - Information Needed Mr. Nichols — This ROW vacation is set to be on the agenda for Tuesday's BPW meeting. Yesterday there was an agenda review where the board asked if the adjacent property owner has been notified of this process, so they are not blindsided. I was told by Community Investment that "We do not require consent from the adjacent property owner when there is a ROW vacation. However, we have asked the developer to reach out to the property owner." Can you verify whether the property owner on the corner has been notified of the possibility of them consuming the ROW in blue below?