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HomeMy WebLinkAboutAlley Vacation - 1022 N. Johnson St. ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 23, 2024 Ms. Angela Arcineda 1022 N. Johnson St. South Bend, IN 46628 arcineda@live.com RE: Alley/Street Vacation – 1022 N. Johnson St. (Preliminary Review) Dear Ms. Arcineda: At its July 23, 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 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 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 an unfavorable 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 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 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 Date: Name: Phone #: Email: Property Address: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries (Ex: Church Pl, between E. Colfax Ave & E. LaSalle Ave): Yes No Yes No Does the existing alley provide garage access to other property owners? Yes No Yes No Yes No Yes No Board Recommendation: Is your property adjacent to the alley of interest? Do you own all adjacent properties to the alley of interest? Does the existing alley provide garage access to other property owners? Does the alley receive daily traffic excluding your own use? Would the vacation hinder public access to any of the following: a church, school, or any other public building or place? Reason for street/alley vacation and proposed use: A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: STREET/ALLEY VACATION APPLICATION City of South Bend – Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 President Member Member Member Member Attest July 23, 2024  INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: May 15, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS – ALLEY VACATION APPLICANT: Angela Arcineda LOCATION: 1022 N. Johnson 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: Unfavorable recommendation, the City does not want to create a T-intersection in an alley. COMMUNITY INVESTMENT: Unfavorable recommendation - The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. FIRE: Favorable Recommendation POLICE: Favorable recommendation Name Mailing Address Proper Address Don Fernando LLC 1210 Blaine Ave. South Bend, IN 46616 1014 Johnson St. South Bend, IN 46628 Kristy L. Miser 1017 N. Brookfield St. South Bend, IN 46628 1017 N. Brookfield St. South Bend, IN 46628 Jill & Nathan Blewett 8820 Quails Bend Ln. Knoxville, TN 37923 1029 N. Brookfield St. South Bend, IN 46628 Carol Russell 1029 Johnson St. South Bend, IN 46628 1029 Johnson St. South Bend, IN 46628 Angela Arcineda 1022 Johnson St. South Bend, IN 46628 1022 Johnson St. South Bend, IN 46628 & 1026 Johnson St. South Bend, IN 46628 Luis Morocho 424 S. Brookfield St. South Bend, IN 46619 1018 Johnson St. South Bend, IN 46628 Crysta Barnes 1025 Brookfield St. South Bend, IN 46619 1018 Johnson St. South Bend, IN 46628 Melanie Lam-White & Travis White 1111 Clelia Ct. Petaluma, CA 94954 1021 N. Brookfield St. South Bend, IN 46628 Mara Marina Vargas Rizo & Jaime Dominguez Raya 1013 Johnson St. South Bend, IN 46628 1013 Johnson St. South Bend, IN 46628 Peggy King 3027 Wilder St. South Bend, IN 46615 1037 N. Brookfield St. South Bend, IN 46628 National Federal Mortgage Association 5600 Granite Pkwy Plano, TX 75024 1009 Johnson St. South Bend, IN 46628 Transportation ZOA 18826 Driftwood Springs Dr. Katy, TX 77449 1025 Johnson St. South Bend, IN 46628 Jesus Montano-Cardoso & Sara Gardoso-Garcia 1010 Johnson St. South Bend, IN 46628 1010 Johnson St. South Bend, IN 46628 Dutchboy Investments, LLC 1013 E. Donald St. South Bend, IN 46613 1013 N. Brookfield St. South Bend, IN 46628 & 1033 N. Brookfield St. South Bend, IN 46628 Robert Donte Hines 1017 Johnson St. South Bend, IN 46628 1017 Johnson St. South Bend, IN 46628 Mazen Zaina 408 Prado Way Stockton, CA 95207 1021 Johnson St. South Bend, IN 46628 & 1041 N. Brookfield St. South Bend, IN 46628 Kelly Palmer & Steven Groppe 1033 N. Johnson St. South Bend, IN 46628 1033 Johnson St. South Bend, IN 46628 Maria Guadalupe Gomez & Bronson Seifer 1037 N. Johnson St. South Bend, IN 46628 1037 N. Johnson St. South Bend, IN 46628 Terry Long 1036 Johnson St. South Bend, IN 46628 1046 Johnson St. South Bend, IN 46628 David Robinson PO BOX 893 Elkhart, IN 46515 1034 Johnson St. South Bend, IN 46628 Nisa Wagner 1049 N. Johnson St. South Bend, IN 46628 Parcel# 018-2094-3528 BILL NO. _______________ ORDINANCE NO. __________________ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE IN HERE 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 IN HERE THE COMPLETE LEGAL DESCRIPTION THAT A 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 ABUT 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: ________________________________ 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 ____________________, 2022, at _______ o’clock ___. m. __________________________________________ Bianca L. Tirado, 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 BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Danica Kulemeka Elivet Quijada-Navarro Matthew Neal CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY) DATE: _________________ To the Common Council of the City of South Bend, Indiana. I (we), the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: ________________________________________________________________________________ ____________________________________________________________________ 2. THE STREET DESCRIBED AS: ________________________________________________________________________ ____________________________________________________________ Abutting Property Owner(s) Signatures: Name (print): Signature Address Lot Number 1. 2. 3. EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 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 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 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. 2 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 (2nd) 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-green 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 3 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 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. 4 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)