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Home My WebLink AboutROW Vacation Application - 416 N. Main St. 425 N. Martin Luther King Jr. Dr. - Final Packet1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Angela Smith Danch, Harper & Associates 1643 Commerce Drive South Bend, IN 46628 asmithA danchhamer. com PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 11, 2025 RE: ROW Vacation — 416 N. Main St & 425 N. Dr. Martin Luther King Jr. Dr. (Preliminary Review) Dear Ms. Smith: At its March 11, 2025 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. If you still wish to pursue this street vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4' 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 Right-of-way vacation will affect your property taxes, please contact the Auditor's Office. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU v. 2024-07-30 o4SouTHBSTREET/ALLEY VACATION BPW APPLICATION City of South Bend —Board of Public Works PEACE az 227 W. Jefferson Boulevard, Ste. 1316 x 1865 x South Bend, IN 46601 Date: 02/11 /2025 Name: Danch, Harner & Associates Property Address: 416 N Phone #: 574-234-4003 E-mail: asmith@danchharner.com Main and 425 N. Dr. Martin Luther King Jr. Dr. Applicant property information: ❑ Residential ✓❑ Commercial ❑ Industrial Describe the general street/alley location with boundaries (Ex:1st East/West Alley, west of St. Peter St and north of Howard SO: The Portion of the right-of-way along the South side of Marion and East side of Main from the round -about at Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description. Describe the reason for the request, proposed use, and any changes made to the request following from review: When the State re-routed Main Street, the process to clean-up the right-of-way was not completed. The property owner is seeking to vacate the area between the current property lines and the existing right-of-way in order to allow for a more cohesive development on the property. The following MUST be attached to this application: • $300 payment (check or money order) • Preliminary review form with staff comments Office Use Only Fee Paid Date: 02/11 /2025 Check/Money Order #: #48401 BPW Recommendation: 5 Favorable El CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS _W�a Elizabeth A. Maradik, President Gary A. Gilot, Member rZ__< 7� Joseph R. Molnar, Vice President Breana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: March 11 2025 This application expires 90 days from the BPW meeting date, which is June 9, 2025. � 4SpUTH 8��d U 17 W ,y PEACE x x 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 11, 2025 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ROW VACATION APPLICANT: Danch, Harrier & Associates LOCATION: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr. 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, subject to relocation of utilities and release of easements. COMMUNITY INVESTMENT: Favorable Recommendation. FIRE: Favorable Recommendation POLICE: Favorable recommendation v. 2024-07-30 �SpUTH BEd` W a PEACE 1865 STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: January 22, 2025 Phone #: 574-234-4003 Name: Danch, Harner & Associates Email: asmith@danchharner.com Property 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr. Address: Applicant property information: ❑ Residential ■❑ Commercial ❑ Industrial Describe the general street/alley location with boundaries (Ex: 1st East/West Alley, west of St. Peter St and north of Howard St): The portion of the right-of-way along the South side of Marion and East side of Main from the round -about at Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description. Is your property adjacent to the street/alley of interest? ❑� Yes ❑No Do any property owners currently access the street/alley? ❑ Yes ❑ No Is there a future property development plan associated with this request? ❑ Yes ❑' No Describe the reason for this vacation request and proposed use: When the State re-routed Main Street, the process to clean-up the right-of-way was not completed. The property owner is seeking to vacate the area between the current property lines and the existing right-of-way in order to allow for a more cohesive development on the property. This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria. Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50% of properties on the full block have direct street access? ❑' Yes ❑ No Is this the only midblock connection? ❑ Yes ❑ No Is the block length greater than 600'? ❑ Yes ❑' No Will the vacation result in: dead end alley, interference with bike route, violations of ❑ Yes ❑' No minimum traffic safety standards? Are there public or private utilities in the alley? ❑ Yes ❑E No Preliminary Staff Comments: Favorable response for this vacation request. LEGAL DESCRIPTION FOR VACATION AREA: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT# 164, OF THE RECORDED PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND", AS SHOWN IN PLAT BOOK #1, PAGE #1; THENCE NORTH 00°28'51" WEST ALONG THE ORIGINAL EASTERLY RIGHT-OF-WAY LINE OF MAIN STREET, A DISTANCE OF 20.63 FEET, THENCE ALONG THE SOUTHERLY RIGHT-OF- WAY LINE OF THE MAIN-MARION STREET CONNECTOR FOR THE NEXT SIX (6) COURSES: ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 278.31 FEET, AN ARC LENGTH OF 189.94 FEET, WITH A CHORD BEARING OF NORTH 18025'45" EAST, AND A CHORD LENGTH OF 186.28 FEET, AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 211.78 FEET, AN ARC LENGTH OF 86.06 FEET, WITH A CHORD BEARING OF NORTH 52°27'43" EAST, A CHORD LENGTH OF 85.47 FEET; AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 73.99 FEET, WITH A CHORD BEARING OF NORTH 74-42-09" EAST, AND A CHORD LENGTH OF 73.57 FEET; AND THENCE NORTH 85°18'04" EAST, A DISTANCE OF 40.85 FEET; AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 58.46 FEET, WITH A CHORD BEARING OF SOUTH 77°57'07" EAST, AND A CHORD LENGTH OF 57.63 FEET, AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 104.80 FEET, AN ARC LENGTH OF 78.12 FEET, WITH A CHORD BEARING OF SOUTH 39°50'55" EAST, AND A CHORD LENGTH OF 76.33 FEET, TO A POINT ON THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. BOULEVARD (FORMERLY KNOWN AS MICHIGAN STREET); THENCE SOUTH 00°34'56" EAST ALONG SAID WESTERLY -RIGHT-OF-WAY, A DISTANCE OF 19.89 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF LOT # 158 IN SAID PLAT; THENCE NORTH 40°47'35" WEST, A DISTANCE OF 43.37 FEET TO A POINT ON THE NORTH LINE OF SAID LOT # 158; THENCE NORTH 57°55'12" WEST, A DISTANCE OF 55.85 FEET; THENCE SOUTH 89°35'33" WEST PARALLEL WITH SAID NORTH LINE OF LOT # 158, A DISTANCE OF 50.00 FEET; THENCE SOUTH 53°01'11" WEST, A DISTANCE OF 50.35 FEET TO THE NORTHWEST CORNER OF SAID LOT # 158; THENCE SOUTH 59°35'02" WEST, A DISTANCE OF 16.15 FEET TO A POINT ON THE EAST LINE OF LOT # 167 IN SAID PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND"; THENCE SOUTH 49°29'24" WEST, A DISTANCE OF 90.04 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT # 167; THENCE SOUTH 38°14'39" WEST, A DISTANCE OF 84.63 FEET, TO A POINT ON THE SOUTH LINE OF LOT # 166 IN SAID PLAT; THENCE SOUTH 31025'21" WEST, A DISTANCE OF 16.48 FEET TO A POINT ON THE NORTH LINE OF LOT # 165 IN SAID PLAT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.10 FEET, AND AN ARC LENGTH OF 71.29 FEET, WITH A CHORD BEARING OF SOUTH 21-19-32" WEST, AND A CHORD LENGTH OF 71.15 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT # 164; THENCE SOUTH 89035'01" WEST, ALONG SAID NORTH LINE OF SAID LOT # 164, A DISTANCE OF 8.52 FEET, TO THE TO THE POINT OF BEGINNING. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. CONTAINING 0.46 ACRES, MORE OR LESS. VACATION DIAGRAM PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, Sr. JOSEPH COUNTY, INDIANA. s _ _ MARION STREET (62.5' R/W) — ------------ r---------— — ---- F-- --r "iwi : � —�-- m r"'e .. a • �?qy �E---1 �--- _. I�Tn mar i aN. m«a e. ax m ce m - Z „Z-- SVRPIii ACMk j i I N:EL I k x•rw6 1 - 1 y —� MADISON STREET (82.5' R/W) T - i z'slz t I ll11111 of 3w 4"v 3NTi (i��xss tsv�ix�i� •vx•e) 1 (M/H ,66) CIUVATIA011 'SIP DMIX ZIRHZI1'I AII,LUN 'U(I _ _ . pus:. ' � • . zlvy3w�_ ' �j I iE L �I co E-F H. OS ZB . I �w33aJiw�a°'m�rctiotiasij€ano�aoM��nC'iwooafo�N�� o imoaw �rc3mfo�� n r azil�"Siw� 1-i�mo N F 4 W awaw N Z m c�f F 3 O 3 F Z OZ a q4 ? M N O O O N O aT Z m� n Ow O o 0 Q dIi4 O O Uo o��000zn�c�n oo."2'o �a121 F owl rr m � �o2 9zq awo o c'iHiJ Fio om-��z>°�'x''am w 5 o d •e} I � s. J � I t.......... a - - -- -.-. j. ...............................- 60:tl::.p tl3d U B£:60£: '000 83d arr.. C= .� .. O .......... (M/2I 66) IMIS NIVW ^ ,OS'ZB i f3Nn ,rJa Lo co E W w la In F�1 A I� ,SZ'li 1 j a Tm �� _ H F- 5 DATE , - . It — RECEIVED FROM I ; l I i li L I ! LdlA'WA --X YA L,,ju C.' 1 I.. r 1 DOLLARS 0 FOR -�] RENT FOR ACCOUNT O CASH PAYMENT CHECK FROM TO OMONEY Lli 1 ORDER BAL. DUE r CREDIT [ CARD BY_�