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Home My WebLink AboutAlley Vacation - 428 S. Harris St.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Angela Rodriquez 428 S. Harris St. South Bend, IN 46619 Ttsolutions5 74k email. com PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 26, 2023 RE: Alley/Street Vacation — East/West Alley at 428 S. Harris St. (Preliminary Review) Dear Ms. Rodriquez: At its September 26, 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 4r' 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER 4SpUTH ,& U 17 W ,y PEACE % k 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: July 7, 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: Angela Rodriguez LOCATION: 428 Harris 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/ENGINEERING: Favorable COMMUNITY INVESTMENT: Favorable — the request meets the recommendations listed above. FIRE: Favorable POLICE: Favorable recommendation '"=°Ez STREET/ALLEY VACATION APPLICATION .� City of South Bend - Board of Public Works 5 227 W. Jefferson Boulevard, Ste.1316 South Bend, IN 46601 Date: 07— 0-2 - �S Phone #: 6 7 I ` C 07 I �1 Name: !�Y! 1 Rodn' �i`e7 Email: mil`}- � "C rj��(a�'i 4fiS S 1 q� Property �h A / V6�6 / q Address: `1 p i#/'i` 15 UU Bey . �v Applicant property information: IV Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): -IeQ5-� �() W-'e-'4 C(In r�a qa Yei 11 Sea"Ji 'T, Is your property adjacent to the alley of interes ? ge NoDo you own all adjacent properties to the alley of interest? No Does the existing alley provide garage access to other property owners? Yes Does the alley receive daily traffic excluding your own use? - Yes N' Would the vacation hinder public access to any of the following: a church, Yes school, or any other public building or place? Reason for stre Halle vacation and propose se• �S �� was blob 4 whirl 5. iv4 5 � (r ►ou i ��-F One, u lY 4 ,iv lvr7 qtr Us tt&-G Ca✓`S q 1I Y rn v57My +-"r1i is ba & k ► lo f0 oU�' yar o� �q ibae k F1'!P c3 tnJay P [�. Oul oily OYL05 Who nndln&Y) lcwQscapt i h ally ((u�nq RM4-5 . +k)�q do ;vn Iv`4P5 6100 vxvf }. r. 4iri4 5Airv�5 � C� A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: E6es ❑ No CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS � � /� y y� '1 6 � t Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Alexandra Dolz-Lane, Member 4 Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: September 26, 2023 9 n... aza Narrss wAB,,d TGmbal nda,ess 628 M,,rs SrSou 66, r9, USA tMIN428Ht,,S�,B,,d IN 4W9 USA.. nfl vi `J _ Name Mailing Address Proper Address Lorenzo Mercado & Gabriela Iraiz 437 S. Harris St. 437 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Roberto Lopez 417 Harris St. 417 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Miguel and Angelita Avina 418 S. Harris St. 418 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Dennis and Lenora Anderson 317 S. Wellington St. 417 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Arturo Rangel 442 S. Harris St. 442 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Jose Luiz Ambriz 438 S. Harris St. 438 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Celso Robles 441 S. Walnut St. 441 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Arturo Rangel-Munoz & Maria 428 S. Harris St. 428 S. Harris St. Rodriguez South Bend, IN 46619 South Bend, IN 46619 Carlos Aguilar 433 S. Harris St. 433 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Lara Properties Corporation 518 S. Warren St. 434 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Pablo Medina Jr. 435 S. Walnut St. 435 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Federico Avendano & Daixy& 1324 Western Ave. 1316 W. Western Ave. Henoch Torres South Bend, IN 46619 South Bend, IN 46619 Orinokia Corporation 1324 W. Western Ave. 1314 W. Western Ave. South Bend, IN 46619 South Bend, IN 46619 Susana Lagunas 205 Woodhill Ln. 1312 W. Western Ave. South Bend, IN 46619 South Bend, IN 46619 Anthony Richmond 1823 S. St. Joseph St. 429 S. Harris St. South Bend, IN 46613 South Bend, IN 46619 Young Investor 430 S Harris St. 430 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Francisco Ortiz 429 S. Walnut St. 429 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Francisco Ortiz 115 Parkwood Ln. 425 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Civil City of South Bend 227 W. Jefferson Blvd. Ste 1200 South Bend, IN 46601 Dela Maria Torre & Jose Rangel 24944 Kenwood Dr. 443 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Karim Omar Abdullah & Shareef 425 Harris St. 425 S. Harris St. Hassan Abdullah & Khalilah South Bend, IN 46619 South Bend, IN 46619 Abdullah Daixy Torres 1324 W. Western Ave. 1324 W. Western Ave. South Bend, IN 46619 South Bend, IN 46619 Federico Avendano & Daixy & 1324 W. Western Ave. 1320 W. Western Ave. Henoch Torres South Bend, IN 46619 South Bend, IN 46619 Karim Omar Abdullah & Shareef 508 Thickstun St. 423 S. Harris St. Hassan Abdullah & Khalilah Dowagiac, MI 49047 South Bend, IN 46619 Abdullah Rosalinda Ramirez Perez 422 S. Harris St. 422 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Susana Lagunas 205 Woodhill Ln. 423 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Matthew Scott Ferriter 614 S. Albert Ave. 415 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Angelita Avina 418 S. Harris St. 416 S. Harris St. South Bend, IN 46619 South Bend, IN 46619 Miguel & Angelita Avina 12586 Jefferson Blvd. 1402 W. Western Ave. Mishawaka, IN 46545 South Bend, IN 466619 Dennis & Lenora Anderson 317 S. Wellington Ave. South Bend, IN 46619 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 OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK ALLEY/STREET VACATION PROCEDURES OVERVIEW Procedures for the vacation of public rights -of -way are contained in Article 5, §18-53.8 of the South Bend Municipal Code. Required at the time of filing with the Office of the City Clerk are: 1. BPW Recommendation PACKETfrom the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated 5. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate PROCEDURES & PROCESS STEP 1 Download and complete the Board of Public Works Alley/Street Vacation Application: Print/download application from website. When completed, visit the City's Engineering Department located on the 13th floor of the County -City Building or send the application via email to hhorvath@southbendin.gov. STEP 2 Confirm Map and Location to Be Vacated: The City Engineer's office will generate a radius map highlighting the area you wish to vacate as well as a list of addresses within 150 feet of the property. They will require your written or verbal confirmation of the correct, highlighted map area for the vacation request. Then, they will send the request to various City Departments for review. INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L. TIRADO RODGER J. PINTO GABRIEL N. MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building 1 227W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.9221 If 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND OFFICE OF THE CLERK Once the review is complete and comments have been returned, the request will be placed on the Board of Public Works (BPW) agenda. This process usually takes four (4) to six (6) weeks. For questions about the status of the review of your packet, call the City Engineer's office at 574-235-9251. STEP 3 Board of Public Works Meeting: The Board of Public Works meets on the second (2"d) and fourth (4th) Tuesdays of the month at 9:30am. The Board will discuss your request at its meeting and decide whether to issue a favorable or unfavorable recommendation. Following the meeting, a Recommendation Packet will be emailed to you, including a letter informing you of your "favorable" or "unfavorable" recommendation. This letter will also include any improvements or contingencies the Board recommends. For favorable recommendations, the Board will include a draft ordinance for filing with the Clerk's Office. STEP 4 Prepare Certified Mailing Envelopes: Using the list of addresses in your BPW Recommendation Packet, prepare mailing envelopes addressed to each of the adjacent property owners. The envelopes should have your name and address in the left-hand corner as the return address. These envelopes will eventually contain a public hearing notice which will be prepared and sent by the City Clerk's office. The public hearing notice will be sent via Certified Mail. Please make sure the "Certified Mail" green and white tag is affixed to the top of the envelope with the name and address of the recipient written where indicated. We do not need the hard -preen card that is sometimes used to send Return Receipt Requested Certified Mail. STEP 5 Prepare Petition to Vacate Public Rights -of -Way: Fill out and prepare the Petition to Vacate Public Rights -of -Way, which is included in the packet, or may be requested from the City Clerk's Office. This petition must be "signed" by at least one (1) abutting property owner. You do not need to secure the signatures of all property owners within one hundred fifty feet (150'). If you will be making the presentation before the Council please indicate your name, address, and phone number in the "Contact Person" area as well. STEP 6 File Petition with City Clerk's Office: Go to the Clerk's Office on the 4th Floor of the County City Building to file the following items: 1. BPW Recommendation Packet from the Board of Public Works 2. Petition to Vacate 3. Ordinance Draft including improvements or contingencies recommended by the Board of Public Works 4. Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County -City Building 227 W. Jefferson Bvld I South Bend, Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 2 •CITY OF SOUTH BEND I OFFICE OF THE CLERK S. Filing fee of $150.00. This fee can be submitted in cash, check, money order, Visa or Mastercard. Checks should be made payable to the City of South Bend 6. A letter briefly explaining why you are submitting a petition to vacate The deadline for filing agenda items for any meeting is noon on the WEDNESDAY before the scheduled meeting. (see attached schedule). The Common Council meets on the 2nd and 4th Mondays of each month. STEP 7 First Reading and Setting of Public Hearing Date: After you file the Ordinance and Petition, it will be placed on the next Common Council agenda for "First Reading." You are not required to attend this meeting. At this time, the Common Council will set the matter for public hearing which will most likely be their next regular meeting. Indiana Law requires that hearings occur within thirty (30) days of receipt of the petition. At this time, the City Clerk will also send notice of the petition, along with the date and time of the hearing, by certified mail to each abutting property owner. The Clerk's office will also notify the public by publication. STEP 8 Notice of Public Hearing/Committee Meeting and Full Council Meeting: When the ordinance is placed on the next Common Council agenda, it will be listed under "Public Hearing" and "Third Reading." You will need to make a short presentation at this meeting. Also, all persons speaking in favor of or in opposition to this ordinance will be heard at this time. The bases for objection to a proposed vacation under Indiana Law are: (1) The vacation would 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 make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would hinder the public's access to a church, school, or other public building or place. (4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. On the day of the public hearing, the petitioner will be required to attend a meeting of the Public Works and Property Vacation Committee. This Committee is composed of four (4) members of the Common Council who will review the matter and make a recommendation to the entire Council. You will be required to make a short presentation outlining why you want the right-of-way vacated. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 3 •CITY OF SOUTH BEND I OFFICE OF THE CLERK You will make the same presentation at the afternoon Committee meeting and the 7:00 p.m. Common Council meeting. The afternoon meeting will be held in the Common Council meeting room located in the City Clerk's office on the 4th Floor of the County -City Building. The evening meeting will be held in the Council Chambers located in the middle of the fourth floor of the County -City Building. STEP 9 Ordinance Certification Process: After approval by the Common Council and the Mayor, the Ordinance will be advertised in its entirety in the South Bend Tribune and the Tri-County News. This publication will take place on the FRIDAY of the week following the Council meeting. The vacation becomes effective thirty (30) days from the date of the publication. At that time, the City Clerk's office will certify the document and record it with the St. Joseph County Recorder. The Petitioner will receive a certified copy, as well as the County Auditor and Township Assessor. A notification is then provided to the Board of Public Works via email. (Revised 02/04/2022) EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov 4