The URL can be used to link to this page

Home My WebLink AboutAlley Vacation - 1405 Portage Ave.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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 23, 2023 Mr. Praveen Gulati Peak Investment & Asset Management, LLC 5199 Gardenia Ct. West Lafayette, IN 47906 Praveeng217 (a) jzmail. com RE: Alley/Street Vacation — 1405 Portage Ave. Northwest Corner of Portage Ave. And Elmwood Runs North -South Between Lot 8 And Lot C Towards An East-West 14' Alley Right -Of -Way (Preliminary Review) Dear Mr. Gulati: At its May 23, 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 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 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 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) dqys 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, Is/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: April 6, 2023 TO: Kyle Ludlow, Public Works Kara Boyles, Engineering 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 —ALLEY VACATION APPLICANT: Peak Investment and Asset Management, LLC, Praveen Gulati LOCATION: 1405 Portage 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/ENGINEERING: Favorable COMMUNITY INVESTMENT: Favorable recommendation. FIRE: Favorable POLICE: Favorable recommendation STREET/ALLEY VACATION APPLICATION it City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste.1316 South Bend, IN 46601 Date: O Z� Phone #: Z G S Name: 1" LA-1-- ul-NV E 57M F--IJT k VD N$5 E Email: L95Av-c- h y Zl 7 � � .Coln I`1 ire A ir< �- M it N f L - t_ c. Q Property obi au �j � PV N k� c, Th 1N 4& G Address: 0 5 Applicant property information: ❑ Residential IN Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): } 0 T-T N C- M Is your property adjacent to the alley of interest? Yes ❑ No Do you own all adjacent properties to the alley of interest? Yes ❑ No Does the existing alley provide garage access to other property owners? ❑ Yes No Does the alley receive daily traffic excluding your own use?] Yes ❑ No Would the vacation hinder public access to any of the following: a church, ❑ Yes [�J No school, or any other public building or place? Reason for street/alley vacation and proposed use: To (�gfL-7 1I\ Zvi-1G,00 <�Hc)eeI N(;\ CAN I �� 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 taA�a Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member 16es ❑ No "/ (R Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: May 23, 2023 Puzzello Architecture Practice 3801 N Meridian Street #902 Indianapolis, Indiana 46208 April 3, 2023 Praveen Gulati Peak Investment and Asset Management, LLC RE: RE: Portage Avenue — Alley Vacation Petition Dear Praveen: In reference to the proposed development at the Northwest corner of Portage and Elmwood, the alley vacation petition that is associated with the proposed development is described as followed: The 14' X 118' gravel alley right-of-way that runs north -south, between Lot Wand Lot'C' towards an east -west 14' alley right-of-way, is proposed to be vacated. An extension of the east -west alley right -of way at the north side of Lot 7 and Lot '8' is proposed to be extended all the way to Portage Avenue, discharging at Portage Avenue. This would require deeding 14' of property at the north side of Lot'C' to public right-of-way. Let me know if you have any further questions. Paul D. Puzzello RA Architect J — 00 wa m m � 00 0 n0 < O D m m Z m A y PROPOSED SITE V , DEVELOPMENT PLAN owrw�u,e - s 9 APRIL 2; MRGH$ORHOOD SHOPPING CENTER PEAK INVESTMENT MU/,WET MA1WCiE7,4t�LLC PUZEELLO ARCHITECTURE PRACTICE PRDA 7LOGTM NW CORNER OF PORTAGE AM ELMWOOD AVENUE SOUTH LEND, INDIMA L SD Filed AA 11 Transfer549._$3 Taxing Unit South Bend Date 03/09/2023 018-2182-6828 018-2182-6829 GENERAL WARRANTY DEED 2023-04917 RECORDED AS PRESENTED ON 03/09/2023 09:22 AM MARY BETH WISNIEWSKI ST. JOSEPH COUNTY RECORDER PGS: 4 FEES: 25.00 THIS INDENTURE WITNESSETH, that Khaled Ibrahim ("Grantor"), CONVEYS AND WARRANTS to Peak Investment and Asset Management LLC ("Grantee"), for the sum of Ten and 00/100ths Dollars ($10.00), and other valuable consideration, the receipt of which is hereby acknowledged, that certain real estate located in St. Joseph County, in the State of Indiana, more particularly described in Exhibit A, attached hereto and by reference made a part hereof (the "Real Estate"). MH THIS CONVEYANCE IS MADE, and the Real Estate is SUBJECT TO: (1) real estate taxes and public assessments due and payable after the closing on the Conveyance, and all such taxes and assessments payable thereafter; and (2) all covenants, agreements, easements, restrictions and rights of way of record. DULY ENTERED FOR TAXATION ST. JOSEPH CO. INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER Remainder of Page Intentionally Left Blank. Signature Page Follows. 2023-04917 IN WITNESS WHEREOF, Grantor has caused this deed to be executed this day of 2023. GRANTOR: , STATE OF • ) COUNTY OFF 1,' �' SS: Before me, a Notary Public in and for said County and State, personally appeared Inhaled Ibrahim, who being, first duly sworn by me upon his/her oath, acknowledged execution of the foregoing in his/her individual capacity, and stated that the representations therein are true. WITNESS my hand and Notarial Seal this day of 2023. Notary Public M(:LANIF 131 1-1 C111 Nniary I'ulllic-Stun; ni I..n� KGN MCKY-Noinry ll:i , 1.'(ht; J!:..•:, rl my C_i miiiir- Sinn I: ;l;irofzO: -M, 26:!!i Tax Parcel Numbe s : 71-03-35-360-016.000-026; and 71-03-35-360-017.000-026 Address of Transferred Pro e St. Joseph County, IN Grantee's Address for Mailin of Tax Statements and Recorded Deed: Peak Investment and Asset Management, LLC 5199 Gardenia Court West Lafayette, IN 47906 THIS INSTRUMENT PREPARED BY Patrick M. Rooney, Attorney at Law 1638 Shelby Street, Suite 101 Indianapolis, Indiana 46203 pmrooney 1 @gmail.com; 317.445.9956 I affirm under penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. /s/ Patrick M. Rooney 2023-04917 Exhibit A Leal Description of heal Estate Lots Munbered Seven (7) and Eight (8) as shown on the recorded Plat of Victory Addition to the City of South Bend. .. T �f.�a mar _ ek'�' • .- - � ' _ .. r r qir .�. K - i -!•ter ' i`. ,4 • t , � J W •Aw �,�„ ter, } t" d Q ` GG r rr! OCR Q � Q 't1� r { 00 r 4 ov Co Q v� R jk 0 00 C? 1 � rV I 113 Name Mailing Address Proper Address Elwood Shopping Center LLC c/o Spigel Properties, LLC 70 NE Loop 410 Ste. 185 San Antonio, TX 78216 1302 Elwood Ave. South Bend, IN 46628 Lakshmi Properties LLC 14875 Cranford Ct. Granger, IN 46530 1355 Portage Ave. South Bend, IN 46628 1347 Portage Ave. South Bend, IN 46628 Shark Investments LLC PO Box 11664 South Bend, IN 46634 1310 King St. South Bend, IN 46628 Elayan Saja Imad 51041 Hollyhock Rd. South Bend, IN 46637 1409 Portage Ave. South Bend, IN 46628 Peak Investment & Asset Management LLC 5199 Gardenia Ct. West Lafayette, IN 47906 1301 Elwood Ave. South Bend, IN 46628 1305 Elwood Ave. South Bend, IN 46628 1405 Portage Ave. South Bend, IN 46628 FSPI EMPL Profit Sharing Plan 401K 5200 Dallas Hwy. Ste 200-280 Powder Springs, GA 30127 1315 Elwood Ave. South Bend, IN 46628 Amy Castillo 1309 Elwood Ave. South Bend, IN 46628 1309 Elwood Ave. South Bend, IN 46628 The Spousal Trust FAAS Clair A Trustee c/o Claire A Faas 10106 Chester Dr. Carmel, IN 46032 1318 King St. South Bend, IN 46628 E and L Associates PO BOX 16252 Saint Louis, MO 63105 1314 King St. South Bend, IN 46628 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