HomeMy WebLinkAboutAlley Vacation - 325 S. Walnut 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
August 27, 2024
Ms. Ariel Stanley
Masterbilt Precision Machining
325 S. Walnut St.
South Bend, IN 46601
ariel@masterbilt-inc.com
RE: Alley/Street Vacation – East/West Alley between S. Chestnut St. and S. Walnut St. and North/South Alley
between the Train tracks and Napier St. (Preliminary Review)
Dear Ms. Stanley:
At its August 27, 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 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/hh
INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS
DATE: February 23, 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: Ariel Stanley/Masterbilt Precision Machining LOCATION: 325 S. Walnut 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 neighborhoodin 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 publicway difficult or inconvenient.3.The vacation would/would not hinder the public’s access to a church, school or other public buildingor place.
4.The vacation would/would not hinder the use of a public right-of-way by the neighborhood in whichit is located or to which it is contiguous.
PUBLIC WORKS/ENGINEERING: Favorable
COMMUNITY INVESTMENT: Favorable
•The vacation would not hinder the growth or orderly development of the unit or neighborhood inwhich 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 orplace.
•The vacation would not hinder the use of a public right-of-way by the neighborhood in which it islocated or to which it is contiguous.
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
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
August 27, 2024
Name Mailing Address Proper Address
Ross Grady PO BOX 11714
Merrillville, IN 46411
313 S. Chestnut St.
South Bend, IN 46601
Guadalupe Ramos 512 S. Olive St.
South Bend, IN 46619
310 S. Chestnut St.
South Bend, IN 46601
William Anderson Jr. 315 Chestnut St.
South Bend, IN 46601
315 S. Chestnut St.
South Bend, IN 46601
Richard Dodson 617 S.36th St.
South Bend, IN 46615
309 S. Chestnut St.
South Bend, IN 46601
Bear Tidmore 1904 W. 84th Ave.
Merrillville, IN 46410
308 S. Chestnut St.
South Bend, IN 46601
Gethsemane Church of God Inc.
Indiana Corp.
308 S. Walnut St.
South Bend, IN 46619
307 S. Walnut St.
South Bend, IN 46601
&
Parcel# 018-3076-3051
R. Ray Real Estate, LLC. 705 N. Hill St.
South Bend, IN 46617
324 Chestnut St.
South Bend, IN 46601
&
Parcel# 018-3076-305301
Kenny & Jamie Johnson 311 Chestnut St.
South Bend, IN 46619
311 S. Chestnut St.
South Bend, IN 46601
Foxtrot Realty Inc. 4201 W. Linden Ave.
South Bend, IN 46619
1410 Napier St.
South Bend, IN 46601
Thomas and Joetta Taylor 225 N. Mahaffie St.
Olathe, KS 66061
312 S. Chestnut St.
South Bend, IN 46601
Masterbilt Inc. 325 S. Walnut St.
South Bend, IN 46619
316, 318, 319, 320, 323, 325 &
331 S. Chestnut St.
&
Parcel# 018-3076-3053
&
Parcel# 018-3076-3056
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)