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Home My WebLink About62-24 Alley Vacation - South Chestnut Street and South Walnut Street (Substitute)9th October, 2024 City of South Bend 466 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 City of South Bend, R Ray Real Estate, LLC Robert Michalak 705 N Hill Street South Bend, IN 46617 Phone: 574.287.6567 Fax: 574.288.7680 Filed in Clerk's Office O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN I am submitting a petition to vacate the alley located between S. Chestnut Street and S. Walnut Street, as highlighted in the attached image. The purpose of this petition is to request that the public access to this alley be vacated for the following reasons: 1. Improved Safety: Vacating the alley would allow for the installation of a fence, which will help secure the property and reduce unauthorized foot traffic, improving overall safety for employees of 325 S. Walnut Street, residents, and surrounding community. 2. Enhanced Property Management: Fencing in the property will allow for better control of access and improved management of operations, reducing liability and enhancing the overall security of the businesses premise. I believe that vacating this alley is in the best interest of the community, and I kindly request that the municipal authorities consider this petition. Thank you for your time and attention to this matter. Thank you, Rob Michalak, Managing Member R Ray Real Estate, LLC 325 S Walnut Street South Bend, IN 46601 Phone: 574.287.6567 Fax: 574.288.7680 Filed in Clerk's Office SUBSTITUTE BILL NO. 62-24 O C T 2 8 2024 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076- 3053; AND THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and employees at the Petitioner's place of business. 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 Ordinances 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 EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018- 3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY. 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 properties may be injuriously or beneficially affected by such vacating: 1 316 Chestnut St—018-3076-3052 325 S Walnut St—018-3076-3060 318 Chestnut St—018-3076-305401 323 S Walnut St—018-3076-3058 320 Chestnut St—0183076-3054 Vacant Lot—018-3076-3057 Vacant Lot—018-3076-3056 319 S Walnut St—018-3076-3055 324 Chestnut St—018-3076-3059 Vacant Lot—018-3076-3053 331 S Walnut St—018-3076-3061 Vacant Lot—018-3076-305301 SECTION IV. The vacation is subject to the elimination of the alley approach on Chestnut Street 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. SECTION V. The vacation is subject to the dedication of right-of-way to provide a turnaround space in the remaining North-South alley as shown in the exhibit. SECTION VI. The purpose of the vacation of the real property is to fence in the perimeter of the business located at 325 S.Walnut Street in order to protect the property,shop,and employees of the tagging and printing shop at that location. SECTION VII. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of , 2024 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 3 12 CH Et • • -• - - ,- " •— e ii 1 n . 1 0' !1 0' . . 1111-1111.6 CH ESTNU TST __. ,,cco - . I.,I . . 2 319S WALNUT ST 1 m 320 CHESMIUTST ! (I) - 1 --1 .. .- FiROW to be dedicated tor turnaround sbac .- .. ' ID 1 'Alley to be vacated - _ -- •., .., . - _--_._,. - • .__ 323 S WALNUT ST „. . - II . • * i're 4 , . _ .,.. 324 c.HESTNU T ST i• ... II '140 '1111,' '4". . ._. '.,.••• "vret,i, 4. , .. .40.-,.... '.. . -.. , • . ed 331 S WALNUT ST --. ---,;-/-,,, -,, -.... . -_-_..--. ,. • #._..,;,.,, ,..: -'_,. - 3 Filed in Clerk's Office BILL NO. ORDINANCE NO. O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076- 3053; AND THE FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and employees at the Petitioner's place of business. 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 Ordinances 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 EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018- 3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY. 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 properties may be injuriously or beneficially affected by such vacating: 316 Chestnut St — 018-3076-3052 318 Chestnut St — 018-3076-305401 1 320 Chestnut St — 0183076-3054 Vacant Lot — 018-3076-3056 324 Chestnut St — 018-3076-3059 331 S Walnut St — 018-3076-3061 325 S Walnut St — 018-3076-3060 323 S Walnut St — 018-3076-3058 Vacant Lot — 018-3076-3057 319 S Walnut St — 018-3076-3055 Vacant Lot — 018-3076-3053 Vacant Lot — 018-3076-305301 SECTION IV. The vacation is subject to the elimination of the alley approach on Chestnut Street 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. SECTION IV. The vacation is subject to the dedication of right-of-way to provide a turnaround space in the remaining North -South alley as shown in the exhibit. SECTION V. The purpose of the vacation of the real property is to fence in the perimeter of the business located at 325 S. Walnut Street in order to protect the property, shop, and employees of the tagging and printing shop at that location. SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of , 2024 ATTEST: Bianca Tirado, City Clerk Sharon McBride, President, South Bend Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock _.m. Approved and signed by me on the Bianca Tirado, City Clerk day of , 2024, at o'clock .m. James Mueller, Mayor, City of South Bend, Indiana 2 3 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 between the. Train tracks and Napier St. (Preliminary Review) Dear Ms. Stanley: Filed in Clerk's Office O C r 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Walnut St. and North/South Alley 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 fmal 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou Filed in Clerk's Office O C T 0 9 2024 Bianca Tirado City Clerk, South Bend, IN 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 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 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. FIRE: Favorable Recommendation POLICE: Favorable recommendation Filed in Clerk's Office STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 OC1 0 9 2024 Bianca Tirado City Clerk, South Bend, IN Date: Name: Property Address: 05.25.2024 Ariel Stanley Phone #: 2698080732 Email: ariel@masterbilt-inc.com 317, 319, 321, 323, 325, 331 Walnut Street, 316 and 320 Chestnut Street, and the two vacant parcels on the Southeast side of Chestnut Street Applicant property information: ❑ Residential ❑ Commercial El Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Highlighted WE allly between S Chestnut and S Walnut and highlighted NS ally between traintracks and Napier Street. There would be a turn around for traffic. 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? 0 Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No 0 No 0 No 0 No 0 No Reason for street/alley vacation and proposed use: There is an operating tagging/printing shop at 325 S Walnut Street. We want to fence in the perimeter (highlighted yellow) of the property to protect the property, shop, and employees. Evntually, we plan to rezone all lots to be Industrial. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: NI/Yes ❑ No CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ,771 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member 4 Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: August 27, 2024 Filed in Clerk's Office OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS/ALLEY) Ay; eJ 3 col l 6 L _/ IA) ei6,6/61 To the Common Council of the City of South Bend, Indiana. I (we), the undersigned property owner(s), petition you to vacate: OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN 1. THE ALLEY DESCRIBED AS: Alt( .S 4IIt DATE: /06 - 8 0? ..the;„ 4' _ e, tom. "AIL E. eit 411,4 57-/-- 2. THE STREET DESCRIBED AS: Abutting Property Owner(s) Signatures: Na c.e3pr1nt): U/l� 1. �J ignature Address Lot Number 2. 3. INTEGRITYI SERVICE' ACCESSIBILITY BIANCA L. TIRADO GRAHAM D. SPARKS GABRIEL N. MCREI 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 1227 W. Jefferson Blvd. South Bend, Indiana 466011 p 574.235.9221 I f 574.235.9173 I www.southbendin.gov Filed in Clerk's Office OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN 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 n lerk's Off 1 1 9 2024 Bin Tirado r--;ty Clerk, outh Bend, IN S tHESTNUT ST MIK Filed in Clerk's Office OCT 0 9 2024 Bianca Tirado City Clerk, South Bend, IN