HomeMy WebLinkAboutBill No. 15-23 Five Corners LLC 2ND SUBSTITUTE Ord. to Vacate 1100 Block of Corby Boulevard1316 COUNTY-CITY l:3UILDl:SG
227 W. JEFFERSO:s BoL LEV•\RD
SoL:TH BEND. INDI.-INA 46601-1830
2ND SUBSTITUTE BILL NO. 15-23
PHONF 574/ 2' 5-9251
FAX ·74/ 235-9171 -_..,.. -Fi ec in Clerk's Office
CITY OF SOUTH BE D JA E M ELLER. MAY /i
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L! 1 , 12023BOARD OF PUBLIC WORKS
Mr. Robert Nichols for Five Corners, LLC
814 Marietta St.
South Bend, [N 4660 I
rn ic hols(ii labonmarc:ht: .com
February 14, 2023
RE: Right-of-Way Vacation -1100 Block of Corby Blvd. (Preliminary Review)
Dear Mr. Nichols:
f)A
l C, Ty' C:.E ND, IN -----·-------
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 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. [fyou 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.
Enclosures
TH/lh
Sincerely,
Isl Theresa Heffner
Theresa Heffner, Clerk
ELIZABETH A. M RADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. Gi\THl:RS MURRAY L. MILLER
cSpUTFi 8 ,
1316 COUNTY-CITY BUILDING W G' PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 go, PEACE
rier
1865 Filed in Clerk's Office
CITY OF SOUTH BEND JAMES MUELLER,MAY. '
BOARD OF PUBLIC WORKS MAY 17 N
February 14,2023
DAWN M,JON
CITY CLERK,SOUTH SEND,IN
Mr.Robert Nichols for Five Corners,LLC
814 Marietta St.
South Bend,IN 46601
rnichols a,abonmarche.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 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 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 Hefner
Theresa Heffner,Clerk
Enclosures
TH/lh
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER
Filed in Clerk's Office
SUBSTITUTE) BILL NO. 15-23 3
ORDINANCE NO.
LEAY1 ? 2O? _JITYCLK,SOUTH BENDI
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
1100 BLOCK OF CORBY BOULEVARD
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:
BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND
BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST,
PORTAGE TOWNSHIP,CITY OF SOUTH BEND,ST.JOSEPH COUNTY, INDIANA,AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED ALTA SURVEY, INSTRUMENT NUMBER 2022-21866, ST.JOSEPH
COUNTY RECORDER.
COMMENCING AT A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE SOUTHERLY LINE OF A TRACT OF LAND
CONVEYED TO THE STATE OF INDIANA AS DESCRIBED IN INSTRUMENT NUMBER 1113039-PARCEL 88,ST.JOSEPH COUNTY
RECORDER; THENCE SOUTH 54°27'26" EAST,ALONG THE SOUTHERLY LINE OF SAID STATE OF INDIANA-PARCEL 88 LAND,
AND SAID LINE EXTENDED, 141.79 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE EAST LINE OF LOT 11
OF BERGAN'S REPLAT OF LOTS 2,3,AND 4 OF LISTENBERGER'S FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9,ST.
JOSEPH COUNTY RECORDER; THENCE SOUTH 00° 15'02" EAST,ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE
OF 14.82 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF INDIANA AS DESCRIBED
IN INSTRUMENT NUMBER 1121035-PARCEL 90B,ST.JOSEPH COUNTY RECORDER,AND BEING THE POINT OF BEGINNING;
THENCE NORTH 89°43' 16" EAST,ALONG THE SOUTH LINE OF SAID STATE OF INDIANA LAND, 20.64 FEET TO THE POINT
OF CURVATURE OF A NON TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY,AN ARC DISTANCE OF 141.28 FEET,
ALONG SAID CURVE HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BY A LONG CHORD BEARING SOUTH 64°34'45"
EAST, 140.67 FEET TO A POINT ON THE EASTERLY LINE EXTENDED OF LOT 318,AS SAID LOT IS KNOWN AND DESIGNATED
ON THE THIRD PLAT OF PARK PLACE, RECORDED IN PLAT BOOK 8 PAGE 192, ST.JOSEPH COUNTY RECORDER; THENCE
SOUTH 00° 15' 57" EAST, ALONG SAID LINE, 17.93 FEET TO THE NORTHEAST CORNER OF SAID LOT 318; THENCE SOUTH
89°43' 16" WEST,ALONG THE NORTH LINE OF SAID LOT 318 AND THE NORTH LINE OF LOTS 319, 320,AND 321 OF SAID
THIRD PLAT OF PARK PLACE, 147.43 FEET TO A CAPPED REBAR(ABONMARCHE FIRM#0050); THENCE NORTH 00°15'02"
WEST, ALONG THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 11 AND ALONG THE EASTERLY LINE OF
SAID LOT 11,78.93 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY,AND EASEMENTS
OF RECORD. CONTAINING 7,238 SQUARE FEET(0.17 ACRES) MORE OR LESS.
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:
Lots 321, 320 and 319 of Park PI 3rd Add
Section IV. The purpose of the vacation of the real property is to combine excess Right-
of-Way with adjacent parcels for new proposed development.
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 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 2023, at
o'clock . m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2023, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indian Filed in Clerk's Office
MAY 17 2023L JERKSOUTHBEND
IABONMARCHE
Engineering • Architecture • Land Surveying
March 7, 2023
South Bend Common Council
227 W. Jefferson Blvd
South Bend, IN 46601
Re: Excess Right-of-Way on the South Side of Corby, Blvd West of Arthur St.
Dear members of the Council:
Please find enclosed a Petition to Vacate a Public Right-of-Way. The petitioners recently
acquired both homes that used the excess Right-of-Way for access and parking. It is their intent
to combine this excess Right-of-Way with their adjacent parcels for the new proposed
development.
Respectfully,
ABONMARCHE CONSULTANTS, INC.
Robert A. Nichols
Project Manager
315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700
abonmarche.com
IABONMARCHE
Engineering • Architecture • Land Surveying
LETTER OF TRANSMITTAL
TO: Office of the City Clerk DATE: 3/7/2023 JOB NO.: 21-1378.422
City of South Bend
337 W. Jefferson Blvd, Ste. 455 RE: ROW Vacation
County City Building 1 100 Block of Corby Blvd
South Bend, IN 46601
WE ARE SENDING YOU: [' Contract/ Agreement Prints/ Plans Shop Drawings
Change Order Specifications
COPIES DATE DESCRIPTION
1 BPW Preliminary Review Packet
1 Petition to Vacate
1 Ordinance
1 Letter-Explanation for Alley Vacation
Certified mailing envelopes
150.00 (cash) filing fee
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:
REMARKS:
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
W 7 i Y
bflJ
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
STREET/ALLEY VACATION APPLICATION
RECEIVED
City of South Bend - Board of Public Works JAN 1 1 2023
k.227 W.Jefferson Boulevard, Ste. 1316 City of South Bend
South Bend, IN 46601 Div. of Engineering
Date: 1/11/2023 Phone#: 574-232-8700
Five Corners, LLC ,
rnichols@abonmarche.com
Name: lel 1 q rt C S1 S 6 H(00\ Email:
Property1\6D jluc Ct Co(i ?k ct
nn
Address: 11,1 kb- f ! C.1.1 LT.)
Applicant property information: Residential El 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? E] Yes No
Do you own all adjacent properties to the alley of interest?Yes D 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 EJ No
Would the vacation hinder public access to any of the following:a church, Yes I 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: 121/Yes No
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A.Maradik,President Joseph R.Molnar,Vice President
Gary A.Gilot,Member Jordan V.Gathers,Member
Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk
Date: February 14,2023
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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
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OFFICE OF THE CITY CLERK
DAWN M.JONES, CITY CLERK
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEY)
DATE: 3/6/26,;3
To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),
petition you to vacate:
I. THE ALLEY DESCRIBED AS:
2. THE STREET DESCRIBED AS:
Excess Right of Way on the South Side of Corby Blvd.
See attached map)
Abutting Property Owner(s)Signatures:
Name(print): Signature Address Lot Number
Five Corners, LLC Gymt)a611C4--)
1
814 Marietta St. South Bend. IN 46617 (See attached)
I.
2.
3.
INTEGRITY' SERVICE'ACCESSIBILITY
BIANCA L.Tmnno GRnannt D.SPARKS GABIUFL N.Muni
CHIEF DEPUTY/DIRECTOR OF OPEILATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.91731 www.southbendin.gov
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DATE 03-07-30a3 No. 6476. 02
RECEIVED FROM AJnV 141ek_-
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Filed in Clerk's Office
MAY[ 7720? 73
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN