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Home My WebLink AboutRight-of-Way Vacation - Boland Dr. East of Portage Rd. - Danch, Harner & Assoc.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 March 12, 2024 Mr. Michael Danch Danch, Hamer & Associates, Inc. 1643 Commerce Dr. South Bend, IN 46628 ASmithndanchhamer.com; mdanchkdanchharner.com RE: Right -of -Way Vacation — First 360' +/- Boland Dr. East of Portage Rd. (Preliminary Review) Dear Mr. Danch & Ms. Smith: At its March 12, 2024 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 subiect to utility easements. 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. Right-of- way 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. 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 He ner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 4SpUTH ,& U 17 W ,y PEACE % k 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 22, 2024 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 — ROW/STREET VACATION APPLICANT: Danch, Harner & Associates on behalf of the City of South Bend LOCATION: Section of Boland and Portage 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 subject to utility easements COMMUNITY INVESTMENT: Favorable FIRE: Favorable POLICE: Favorable recommendation STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works \PE^°E 227 W. Jefferson Boulevard, Ste. 1316 x 1865 South Bend, IN 46601 Date: January 22, 2024 Name: Danch, Harner & Assoc. on behalf of the City Phone #: 574-234-4003 Email: asmith@danchharner.com Property SEC of Boland and Portage Address: Applicant property information: ❑ Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): The first 360' +/- of Boland Drive east of Portage Road Is your property adjacent to the alley of interest? 9 Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes ENO 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 g No school, or any other public building or place? Reason for street/alley vacation and proposed use: The reconfiguration of the Boland Drive and Portage Road intersection did not align with existing dedicated right-of-way. The vacation would allow for the portion of land that was formerly Boland Drive to be adjoined with the adjacent parcels. The area where the road improvement currently exists will be dedicated as part of a future subdivision. 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 taLa Elizabeth A. Maradik, President Gary A. Gilot, Member [ryes ❑ No Joseph R. Molnar, Vice President Briana�(Miicou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: March 12, 2024 �1 •1 VF1FC} UUD PARK B0I.AND i)R }i . + TAG E AVE ti µ RIBOURDE OR , .• ,., , Mir Name Mailing Address Proper Address Greater Creations, LLC 17643 Waxwing Lane South Bend, IN 46635 2005 Ribourde Dr. South Bend, IN 46628 Noi Kaomisay and Singkam Bounyavong 2211 Council Oak Dr. South Bend, IN 46628 2211 Council Oak Dr. South Bend, IN 46628 Robert and Karen Lesher Rev. Trust as Trustees 24711 W. Maple Way South Bend, IN 46628 2209 Council Oak Dr. South Bend, IN 46628 Stephen and Laccine Kabel 1933 Ribourde Dr. South Bend, IN 46628 1933 Ribourde Dr. South Bend, IN 46628 Civil City of South Bend 227 W. Jefferson Blvd. Ste. 1200 South Bend, IN 46628 2013 Ribourde Dr. South Bend, IN 46628 Deidre Taylor 2201 Ribourde Dr. South Bend, IN 46628 2201 Ribourde Dr. South Bend, IN 46628 Yolanda and Larry Green 2204 Oakwood Park Dr. South Bend, IN 46628 2204 Oakwood Park Dr. South Bend, IN 46628 St. Joseph County 227 W. Jefferson Blvd. South Bend, IN 46601 3016 Portage Rd. South Bend, IN 46628 Civil City of South Bend 227 W. Jefferson Blvd., South Bend, IN 46601 Lot 17, Council Oaks �. `� z � sue" .. 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