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HomeMy WebLinkAbout64-24 Alley Vacation - 512 South Walnut Street Filed in Clerk's Office O C T 2 5 2024 BILL NO. 64-24 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 HURON STREET BETWEEN SOUTH WALNUT STREET AND TERMINATING AT THE PARCEL IDENTIFIED AS 018-3082-319602 STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation as he owns properties on both sides of the alley to be vacated. 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 Huron Street between South Walnut Street and terminating at the Parcel identified as 018-3082-319602 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: 512 S Walnut St—018-3082-3288 514 S Walnut St—018-3082-3290 531 Harris St—018-3082-319602 SECTION IV. The purpose of the vacation of the real property is to consolidate ownership of the alley parcel and the neighboring parcels, as Petitioner owns properties on both sides of the alley to be vacated. 1 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 specifications. 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 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 Filed in Clerk's Office O C T 2 5 2024 Bianca Tirado Friday, October 25, 2024 City Clerk, South Bend, IN Office of The City Clerk County City Building 227 W. Jefferson BLVD 4th Floor South Bend, IN 46601 I, Edwardo J. Rodriguez, submitting my reasons for wanting to petition to vacate alley at my home located at 512 S. Walnut Street, South Bend, IN 46619 : 1 . Pulaski Park is right behind my home and during the spring and summer seasons individuals park their vehicles on my property. 2. Individuals drive through the alley onto my property and dump their trash, such as , mattress, tires, furniture, etc. 3. And, individuals have utilize the alley to hide their vehicles while they steal and break into homes. Thank you for your time. Sincerely Edwardo J. Roriguez e.) 1 1316 COUNTY-CITY BUILDING \ti PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD yl' FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 � eEACF. 1865 y„/ CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office September 24,2024 OCT 2 5 2024 Mr.512 S.S.Walnut a In ut St. Bianca Tirado Rodriguez City Clerk, South Bend, IN 512 South Bend,IN 46619 eprieto 1949(a0utlook.com RE: Alley/Street Vacation — East/West Alley between 512 S. Walnut Street and 514 S. Walnut Street (Preliminary Review) Dear Mr.Rodriguez: At its September 24,2024 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 subiect to the removal of alley approach alone Walnut St..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 100%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 ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MICOU yoaTHe� . Filed in Clerk's Office ; �t,�alnj��d W u �a `' OCT 2 5 2024 •�A�` a�, Bianca Tirado / ,aes�' City Crlek, South Bend, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: July 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: Edwardo Rodriguez LOCATION: 512 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 Recommendation pending the applicants removal of alley approach along Walnut. COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable Recommendation POLICE: Favorable recommendation Filed in Clerk's Office I STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works OCT 2 5 2024 �. 227 W. Jefferson Boulevard, Ste. 1316 Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Date: 7 - Phone#: Name: �I c J R�1C.1I�. Email: fE.EiD 0 i/�' h Property , J `J (� I Address: 1J }2 S�vA1 N�IN-, *5 &14-11 IJitd tiG9G'l9 Applicant property information: k Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): E ( kLtyou-1-h cb 5iZ S ._ a\ ( LJC ( -( s )�1 IortI. l . Is your property adjacent to the alley of interest? YPs iLs1.9 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 No Does the alley receive daily traffic excluding your own use? Yes No Would the vacation hinder public access to any of the following:a church, Yes o school,or any other public building or place? Reason for street/alley vacation and proposed use: 0 ,O,/0 /j/f's' 0 ") iSd 5/de vF /4-/Ao z he Vaca A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: ❑v'Yes ❑ No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS yp Elizabeth A.Maradik,President Joseph R.Molnar,Vice President -.-ate Gary A.Gilot,Member Briana Micou.Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: September 24,2024 Edwardo Rodriguez 512 S. Walnut St. South Bend, IN 46619 574-514-1548 Alley to be vacated is the East/West alley 10' in width, north of RR right-of- way and south of Huron St., running approx. 136' from E right-of-way of Walnut Street on north boundary and running approx. 110' from the E right- of-way of Walnut Street on south boundary. ir T Y 28 /8- 3256, 4 4/- 325q 75 '� 13c0 i /3G Huron L 5 T li /3G, Z /36 o f /9-3282 1 o 4 42 - 3263 7,3 _ 3 4 228s -3287 ice/ 20- 3284 - ---� \ �, "05 • -lo.3s �0‘ 512 S. Walnut Left �_ _o Q 22 -3289�0 - �_ 79 23-329/ oBT �, 27f 1 73 14r 1 Get. n- V �t__- 3 242 , 61 - �,: 18 3 C 7 .:r o • ' + / ' , {ti01 _ r5/--- it41% z), c> ,.., A4FAi, 4:-. 14 At o cs�; C} V 1 �, f ,- --m , 4., 46,E 3293 0 3& o 3/94 — — — a 'q o' tip Cr. Q 9 �.R 5 i4/ vac � I m Q /3 _._ 146.1 I ` I QN b i 44 Q 5.7:— , it ' . 8 -3082 z - 49 - 2 46 • y �y veneer r,,,, ^' ,� wx p y, a m' \\„,,,,,..\\,,,_..., _ e r M ., Sir n .. • t' 'iy Y . t Y .. '�_ .a, rSr r�'r!, + LR f F , ., t.,'' Y •�a+i' \ ,..0.,'4 A r 'ice / �ff°'.4 y_ �s� ` ;. et�f '. ���a rn a; ° ` r - 0 rV ... . � ? . , , R '* , Q ti wr I. 1 " } ii40'..f.,f /4:*. .. ;., ';'11-' , '441111.,.. 4'', ''.-\ /iliff \\tif Ir. .. t. r A ti, * !f eaa ,ol to M , .�r _ I 4 Y 1.3254 CHAZONEM si , 1-3256 • e I 018-3081-3259 i - 11-3258 tea 1 018-3059.2I76,. a �..,. .: m . ... • it _,..__. 1 32-3282 h , 018.3082-3283 14. . - / 32-3184OR 018-3082-3285 i i 82 3286 /2M :: f4 Ad 81-3289 .,�" 1 q 018-30R:=319602 : \ 82-3191 _ 111b oe' ..'•' - '' \8-308' 2--32920" '"" 018-3078-3093 038-3078 ill r 8 3078 3090 01��081:3:r602 IN j�1 3 :.: 018:078 30.87 "IP4 a_ Me 016-308I-3293 �� kpp" 0841-0010 J� 018 308:t781iI8Ii !!I y -.�]62-3296 1%, 082-3298 - 018-3082 3299•-r, 01-3. 07 4.106 0181 076`3108 CMCITORiag C87 Name Mailing Address Proper Address Julio Lara 518 S. Warren St. 502 S.Walnut St. South Bend, IN 46619 South Bend, IN 46619 Allen Stenberg 505 S. Walnut St. 505 S.Walnut St. South Bend, IN 46619 South Bend, IN 46619 Emma Bautista Williams 508 Walnut St. 508 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Hilda Garcia Escobedo 1313 Grace St. 514 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Victory Lighthouse Church 415 S. Harris St. 1325 Grace St. South Bend, IN 46619 South Bend, IN 46619 1329 Grace St. South Bend, IN 46619 Virgilio Escobedo 3915 August Lane 1321 Grace St. Elkhart, IN 46517 South Bend, IN 46619 Manuel &Sylvia Herbert 524 S. Harris St. 513 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 TDJ Phase I LLC 2014 Cornflower Ct. 503 S. Walnut St. Mishawaka, IN 46544 South Bend, IN 46619 Gregory&Gail Celmer 64757 Sycamore Rd 531 Harris St. North Liberty, IN 46554 South Bend, IN 46619 Antonio Gerardo 1608 Marblehead Dr. Parcel#018-3082-329201 Mishawaka, IN 46544 & Parcel#018-3082-3291 Juan &Teresa Beserra 501 H. Harris St. Parcel#018-3082-3286 South Bend, IN 46619 Civil City of South Bend 227 W.Jefferson Blvd. Ste 1200 521%2 S. Walnut St. South Bend, IN 46601 South Bend, IN 46619 City of South Bend 301 S.St. Louis Blvd. 400 S.Walnut St. South Bend, IN 46617 South Bend, IN 46619 Edwardo Rodriguez 56349 Butternut Rd. 512 S.Walnut St. South Bend, IN 46619 & 514 S. Walnut St. South Bend, IN 46619