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HomeMy WebLinkAbout18-24 (Substitute) Right of Way Vacation - First 360'+/- Boland Dr. East of Portage Rd Danch, Harner & Associates, Inc. Michael J. Danch, L.A. Land Surveyors• Professional Engineers Ron Harner, P.S. Landscape Architects• Land Planners Filed in Clerk's Office January 3,2024 MAR 18 2024 South Bend Common Council Bianca Tirado 4th Floor County City Building City Clerk, South Bend, IN 227 W.Jefferson South Bend, IN 46601 Dear Honorable Council, Please accept this Ordinance to vacate the portion of the right-of-way formerly occupied by Boland Drive. In the late 2000s,Boland Drive was realigned and connected to a traffic circle at the intersection with Portage Road.The excess right-of-way was never vacated. The City of South Bend has retained our services to properly vacate the eastern portion of Boland Drive. Danch, Harner, and Associates is also in the process of working with the City and St.Joseph County to prepare a subdivision for the area. As part of that process, Boland Drive will be properly dedicated and proper lots on either side created. Thank you for your consideration. Sincerely, atV%- ,g)Va Angela M. Smith Senior Planner 1643 Commerce Drive•South Bend, IN 46628 208 West Mars•Berrien Springs,MI 49103 Office:(574)234-4003/(800)594-4003•Fax:(574)234-4119 Office:(616)471-3010•Fax:(616)471-7237 Filed in Clerk's Office BILL NO. 18-24 MAR 1 8 2024 ORDINANCE NO. Ci Bianca Tirado ry Clerk, South Bend, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360'+/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: The first 360' +/-of Boland Drive East of Portage Road hereby determines that it is desirable to vacate said property SECTION II. The City of South Bend herby reserves the rights and easements of all utilities and 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: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862 —2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542—3016 Portage SECTION IV. The Purpose of the Vacation of the real property is to allow for the construction of an ancillary dwelling unit on the adjacent property. SECTION V. The vacation is subject to the elimination of 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 specification. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, 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 , 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - 45pUTH 1316 COUNTY-CITY BUILDING \f PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W �.;,^�� Y FAX 574/235-9171 Sum BEND,INDIANA46601-1830 � \ PLACE 1865 Filed in Clerk's Office CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS MAR 1 8 2024 March 12,2024 Bianca Ti-ado City Clerk, South Bend, IN Mr.Michael Danch Danch,Harner&Associates,Inc. 1643 Commerce Dr. South Bend,IN 46628 ASmith@danchharner.com;mdanch@danchharner.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 subject 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 4th 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 Hefner Theresa Heffner,Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MICOU �� _�x' Filed in Clerk's Office ,_Ie MAR 1 8 2024 1865 Bianca Tirado INTEROFFICE MEMORANDUM City Clerk, South Bend, IN 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 UjSpllTHg� STREET/ALLEY VACATION APPLICATION Filed in Clerk's Office O4 �O O City of South Bend - Board of Public Works MAR 1 8 2024 PACe 227 W. Jefferson Boulevard, Ste. 1316 %...Vie / South Bend, I N 46601 Bianca Tirado City Clerk, South Bend, IN Date: January 22, 2024 Phone#: 574-234-4003 Name: Danch, Harner & Assoc. on behalf of the City 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? I=1 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 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: 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: /Yes ❑ No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS a111 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Briana Micou,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: March 12,2024 NI 'pua8 L lrlos 'jJal0, ! openl eouei9 hZOZ 8 1 HVW e3U4O s, .la ul •a I ' . • : bo 34a8notiia _ , ;, 3nV . 33V1. • - x '''?"\...4, ' . . 4' - 21(I (]NV I/)9 n�J 1 Name Mailing Address Proper Address Greater Creations, LLC 17643 Waxwing Lane 2005 Ribourde Dr. South Bend, IN 46635 South Bend, IN 46628 Noi Kaomisay and Singkam 2211 Council Oak Dr. 2211 Council Oak Dr. Bounyavong South Bend, IN 46628 South Bend, IN 46628 Robert and Karen Lesher Rev. 24711 W. Maple Way 2209 Council Oak Dr. Trust as Trustees South Bend, IN 46628 South Bend, IN 46628 Stephen and Laccine Kabel 1933 Ribourde Dr. 1933 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Civil City of South Bend 227 W.Jefferson Blvd.Ste. 1200 2013 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Deidre Taylor 2201 Ribourde Dr. 2201 Ribourde Dr. South Bend, IN 46628 South Bend, IN 46628 Yolanda and Larry Green 2204 Oakwood Park Dr. 2204 Oakwood Park Dr. South Bend, IN 46628 South Bend, IN 46628 St.Joseph County 227 W.Jefferson Blvd. 3016 Portage Rd. South Bend, IN 46601 South Bend, IN 46628 _ Civil City of South Bend 227 W.Jefferson Blvd., Lot 17,Council Oaks South Bend, IN 46601 Filed in Clerk's Office MAR 1 8 2024 Bianca Tirado City Clerk, South Bend, IN pa • nt• _YDR Q e 1.0.i').k CU 1 "Ors 2 ' ''''s,.. - ..)1,,,,1:N, \ 7: ... .... - .11 4P0 1 }"r e R.. • ARROWHEAD CD3 C y NNW •' t It o BROOKIDR 4•Q AKBRUOKIDR —' f' 03 r '` — OAKWOOD PARKIDR _- Pr ,-. ] .. ' . ^n �' i`' ,i t TOMAHAWK Ti 1, I 7 _ — .: co :UNCR OAK - :: . Oa' I"'- A RIBOURD C33 — o • g p�9` • • 1 cLy 7 2023 Eaglev,ew - _ -- -- a _ \ . MAR 1 8 2024 Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's 011icf; SUBSTITUTE BILL NO. 18-24 APRrk, South B 0 4 2024 ORDINANCE NO. 11118-24 Gi Bianca Tirao tY Gleonci, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360' +/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: The first 360'+/-of Boland Drive East of Portage Road 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: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862—2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542 - 3016 Portage SECTION IV. The purpose of the vacation of the real property is to eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. SECTION V. The vacation is subject to the elimination of 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 specification. SECTION VI. 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: Bianca Tirado, 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 , 2024, at o'clock . m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's C Re: Bill No. 18-24 Angela Smith <asmith@danchharner.com> APR 0 9 2024 Thu 4/4/2024 11:04 AM Bianca Tiracjo To:michaelpingel@gmail.com <michaelpingel@gmail.com> City Clerk, South Bi;ii Cc:Elivet Quijada-Navarro <eqnavarro@southbendin.gov> Good morning, Mr. Pingel. My name is Angela Smith. I am the representative from Danch, Harner& Associates that submitted the documents. I apologize for the error in Section 4 of the Ordinance.There is no ancillary dwelling proposed for the property. That was a section that I mistakenly forgot to update from a previous vacation request. The purpose of this vacation is to clean up the right-of-way for Boland Drive.The physical road goes through the 2 lots on Ribourde Dr.The portion we are vacating is the old right-of-way that is no longer where the street is location. In a future step to this process (future subdivision reference), we will be preparing a plat that dedicates the correct location of the street. That typically sets the new right-of-way line 1' behind the sidewalk.The remainder south of the actual improved Boland Drive will become a buildable lot. It will still be owned by the City of South Bend. We are not aware of any immediate plans for the property, but it is currently zoned for single family residential. The subdivision will also include the 100 acres+/- north of Bolan that is currently owned by the County. That area is still under survey and nothing has been filed at this point. It is not planned to be a major subdivision (won't include new streets or public infrastructure) at this time. If that changes, you will receive notice as a surrounding property owner within 300' of the project. If you have any additional questions, please let me know. A v>„ge2a'M. S v ith/ Senior Planner Danch, Harner,&Associates 1643 Commerce Drive South Bend, Indiana,46628 Phone (574)-234-4003 Email:Ammith@danchharner.com From: Elivet Quijada-Navarro<eqnavarro@southbendin.gov> Sent:Wednesday,April 3, 2024 10:30 AM To:Angela Smith<asmith@danchharner.com> Subject: FW: Bill No. 18-24 Hi Angela, There is a resident that has questions regarding Bill No. 18-24. Would you be able to help answer some of his questions? Thanks so much, -Ellie From: Michael Pingel<michaelpingel@gmail.com> Sent:Wednesday,April 3, 2024 8:20 AM To: Elivet Quijada-Navarro<eqnavarro@southbendin.gov> Subject: Re: Bill No. 18-24 Good Morning Elivet, Thank you for the additional information . I do have a couple of questions I am hoping you can answer. According to the bill section 4- the vacation of Boland is for the purpose of allowing construction of an ancillary dwelling unit on the adjacent property. What adjacent property are they referring to? What is happening to Lot #16 ( 2013 Ribourde dr) and Lot # 17? Where Is the ancillary construction intended to go? Is the round about going to be removed? Lastly on the vacation application the proposed use is "The area where the road improvement currently exists will be dedicated as a part of a future subdivision. What and where is the area of the future subdivision located? Thanks so much for your help. Best, Mike Pingel On Tue, Apr 2, 2024 at 3:17 PM Elivet Quijada-Navarro <egnavarro©southbendin.gov> wrote: Good afternoon Mr. Pingel, My name is Elivet, I am the Deputy City Clerk with the City Clerk's office. I understand that you would like further information regarding Bill No. 18-24. I am attaching a PDF of the information and map that was filed within our office. Please feel free to contact me if you have any further questions. Thanks, SpuTH 84 Elivet Quijada-Navarro ikd Deputy City Clerk/Director of Policy City of South Bend Clerk's Office jai a (574)235-9267 PEACE;, egnavarro@southbendin.gov 227 W.Jefferson Blvd Ste.455 °�. 1865 South Bend, IN 46601 Excellence Accountability Innovation Inclusion Empowerment Finer Point Renovations, Inc. By Michael Pingel, President www.finerpointrenovations.com Cell 574-274-1905 Filed in Clerk's OFii. APR 19 2024 2nd SUBSTITUTE BILL NO. 18-24 Bianca Tirade City Clerk, South OLIO, IN ORDINANCE NO. 11118-24 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360'+/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: The first 360' +/-of Boland Drive East of Portage Road 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: 018-2206-7863 —Unaddressed Vacant Lot - Lot 17 Council Oaks 018-2206-7862 —2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542 - 3016 Portage SECTION IV. The purpose of the vacation of the real property is to eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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: Bianca Tirado,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_ , 2024, at o'clock . m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana