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HomeMy WebLinkAbout50-25 Right-of-Way (ROW) Vacation - Property Located Near the Intersection of Emerson Forest Parkway and Irvington Drive Filed in Clerk's Office AUG 1 5 2025 ALLEN EDWIN HOMES 2186 East Centre Avenue Bianca Ti Bo City Clerk, South Bend, IN Portage, Michigan 49002 August 15, 2025 South Bend Common Council 227 West Jefferson Blvd Suite 441S South Bend, IN 46601 Re: Undeveloped Street Stub—Alley/Right of Way Vacation; Emerson Forest Parkway/Irvington Drive in Woodhaven Section One Subdivision Dear Honorable Council, Please accept this Ordinance for an Alley/Right of Way(ROW)Vacation of an undeveloped street stub located along the east side of Emerson Forest Parkway, 95-feet south of Irvington Drive, within the Woodhaven Section One subdivision. The proposed ROW vacation is approximately 25' in width (45' with flare at west end)and 85' in length and comprises 2,211 square feet or 0.05 acre. This originally planned street stub was never constructed within the ROW and no utilities were installed. This undeveloped street stub ROW area is proposed to be replaced with a portion of a newly platted lot within a new major subdivision to be called "Woodhaven Hills". The attached exhibit depicts the area of the proposed ROW vacation along with its relationship to Emerson Forest Parkway and Irvington Drive. This proposed ROW vacation will not hinder the orderly growth or development of the property or adjacent neighborhood in which it is located. Other public street accesses to the property have been incorporated into the major subdivision of"Woodhaven Hills".The proposed ROW vacation will also not make access to the property by means of public way difficult or inconvenient and will not hinder the public's access to a church, school or other public building or place. Current access from Emerson Forest Parkway and Irvington Drive will be maintained and not restricted in any way. Sincerely, drylL.rucflue John Lovely Land Development Manager Allen Edwin Homes 2186 East Centre Avenue Portage, Michigan 49002 (269) 391-0542 j lovely(a,allenedwin.com Docusign Envelope ID: 1C3280CB-8E3D-45CE-9388-9818869E5554 Filed in Clerk's Office AUG 15 2025 Bianca Tirade City Clerk, South Bend, IN April 9, 2025 Eric Horvath, Executive Director of the Department of Public Works City of South Bend 227 W Jefferson Boulevard, Suite 1300 N South Bend, Indiana 46601 Tim Corcoran,Director of Planning&Community Resources City of South Bend 227 W Jefferson Boulevard, Suite 1400 S South Bend, Indiana 46601 Re: Parcel Nos. 71-08-22-251-012.000-026, 71-08-22-251-013.000-026, 71-08-22-251-011.000- 026, 71-08-22-251-010.000-026, 71-08-22-251-031.000-026 (Lot 122) and 71-08-22-251- 032.000-026 (Lot 123) Dear Mr. Horvath &Mr. Corcoran, I own the above referenced parcels totaling approximately 47.95 acres located on the east side of Locust Road in the City of South Bend, St. Joseph County, Indiana. I confirm that Green Development Ventures,LLC/Allen Edwin Homes,has authorized consent to submit for municipal approvals and permits (subdivision plan review, utility permits, right of way vacation, etc.) that may be required for the development of the subject parcel. I also confirm that I am willing to approve of and sign off on the proposed right of way vacation directly south of Lot 122 of the Woodhaven Section 1 Plat. Feel free to contact us with questions or concerns. Sincerely, Signed by: II II � � Qltitn, Iola) Ot,V'u}tln.IJ 44 1s, (POOH 4)&t& UI, "-82AB10336ACA458.. Mary Ann Boulac Operating Manager WOODHAVEN, LLC 14009 Jefferson Boulevard, Suite C Mishawaka, IN 46545 Filed in Clerk's Office AUG 15 2025 BILL NO. 50-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation of the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision. 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: An east-west stub street extending easterly from Emerson Forest Parkway and 95 feet south of Irvington Drive in Woodhaven Section One Subdivision, more particularly described as set forth in Exhibit A. 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: Parcel ID 018-8154-554553 Parcel ID 018-8154-5545 Parcel ID 018-8154-554501 1 SECTION IV. The purpose of the vacation of the real property is for the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision.. 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 within ninety (90) days of final approval by the Common Council. 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 , 2025. Canneth J. Lee, 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 , 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana 2 EXHIBIT A LEGAL DESCRIPTION A PART OF WOODHAVEN SECTION ONE,AS RECORDED IN INSTRUMENT NUMBER 0542475 IN THE OFFICE OF THE ST.JOSEPH COUNTY RECORDER, SAID PLAT BEING IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE RECORDED PLAT OF SAID WOODHAVEN SECTION ONE. BEGINNING AT THE SOUTHEAST CORNER OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 00°16'28" WEST,ALONG THE EAST LINE OF SAID WOODHAVEN SECTION ONE,A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF LOT 122,AS SHOWN ON SAID WOODHAVEN SECTION ONE; THENCE SOUTH 89°43'33" WEST,ALONG THE SOUTH LINE OF SAID LOT 122, A DISTANCE OF 65.00 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET,AND SUBTENDED BY A CHORD BEARING NORTH 46° 16' 28"WEST,A DISTANCE OF 28.28 FEET; THENCE NORTHWESTERLY,ALONG SAID CURVE,AN ARC DISTANCE OF 31.42 FEET TO THE EAST RIGHT OF WAY LINE OF EMERSON FOREST PARKWAY; THENCE SOUTH 00° 16' 28" EAST,ALONG THE EXTENDED EAST RIGHT OF WAY LINE OF SAID EMERSON FOREST PARKWAY,A DISTANCE OF 45.00 FEET TO THE SOUTH LINE OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 89°43' 33" EAST,ALONG SAID SOUTH LINE,A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING CONTAINING 2,211 SQUARE FEET(0.05 ACRES), MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHTS OF WAY,AND EASEMENTS OF RECORD. 4/07/2025 \`���tUII iii/i HANS P. MUSSER, PS DATE �•``\```�S 1• „M06,1* ,',SE LS29700002 E = JOB NO.: 24-2170 = STATE OF <'''',}/OIAt ss �����i','� S URv�`����� 1111 0:\PROJECTS\2024\24-2170 WOODHAVEN HILLS\WORKING- DESIGN\SURVEY\LEGALS AND REPORTS\24-2170 RIGHT OF WAY VACATION DESCRIPTION.DOCX EXHIBIT B PART OF WOODHAVEN SECTION ONE LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA IRVINGTON DRIVE (60' R/W) < ig W M O O F rn LOT 122 tg o a ' I I WOODHAVEN oc ✓ NC I SECTION ONE -F.: ce Q INSTR.#0542475 - a cn r-- W 0 20 40 LOT 36 SCALE : 1=40' w WOODHAVEN 0 I R=20',L=31.42' 3 SECTION ONE I D=89°59'S9" - INSTR.#0542475 O v CH:N45°16'28"W,28.28' NaI* S00°16'28"E S89°43'33"W 65.00' N00°16'28'W Y 45.00'1 \ — — — 25.00' z LU \ 0 < _ S. UNE WOODHAVEN. SECTION ONE N89`43'33"E 85.00' > N Description Area SEO.B.CORNER 0.05t ACRES WOODHAVEN, ;r, SECTION ONE WOODHAVEN,LLC INSTR.#0408108 a L' v B9S OF BEARING: WOODHAVEN, SECTION ONE IABONMARCHE 315 RIGHT OF WAY VACATION SKETCH SouWeest d.IN.46rson 0l1 Benton HarborHobart so Sou*h Bend.IN.46601 South Bend Hobart r� T 574.232.8700 Goshen Kalamazoo WOODHAVEN,SECTION ONE F 574.251.4440 tort Wayne Grand Haven N abonmarche.com Lafayette Grand Rapids 0 N COPYRIGH"2E25-ABONMARCHE CCNSU:ANIS.NC. Eng seenrg Architeclwe Lane S.irveyiy N U ? DATE: 04/07/2025 ACI JOB#:24-2170 SHT: 1 of 1 o' O 1316 COUNTY-CITY BUILDING U, PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD FAX 574/235 9171 SOUTH BEND,INDIANA 4660 1-1 8 30 . ( , x CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office July 22,2025 AUG 1 5 2025 Woodhaven,LLC Bianca Tirado 14009 Jefferson Blvd.,Suite C City Clerk, South Bend, IN Mishawka,IN 46545 jlovely@allenedwin.com RE: Alley/Street Vacation—An East-West Stub Street Extending Easterly from Emerson Forest Parkway and 95'South of Irvington Drive in Woodhaven Section One Subdivision. (Preliminary Review) To Whom is May Concern: At its July 22,205 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 ROW vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4`h 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 ROW 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/Hillary Horvath Hillary Horvath,Clerk Enclosures HH ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.MIcou 11i ,- INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 9, 2025 TO: Kyle Ludlow, Public Works 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: Woodhaven, LLC LOCATION: An east-west stub street extending easterly from Emerson Forest Parkway and 95' south of Irvington Drive in Woodhaven Section One Subdivision 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 COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable Recommendation POLICE: Favorable recommendation v.2024-07-30 .ow! , STREET/ALLEY VACATION BPW APPLICATION City of South Bend -Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 06/06/2025 Phone#: 269-391-0542 Name: Woodhaven, LLC E-mail: jlovely@allenedwin.com Property Address: 14009 Jefferson Blvd., Suite C Mishawaka, IN 46545 Applicant property information: Q Residential n Commercial El Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St. Peter St and north of Howard St): An east-west stub street extending easterly from Emerson Forest Parkway and 95' south of Irvington Drive in Woodhaven Section One Subdivision. Describe the reason for the request,proposed use,and any changes made to the request following from preliminary review: This undeveloped stub has not been constructed nor has had utilities planned or construction in this Right of Way. This stub is planned to be vacated and replaced with a portion of a newly platted lot. A proposed major primary subdivision is planned with 100+ lots to include this Right of Way. 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: 06/06/2025 Check/Money Order#: ck#32273 $300.00 BPW Recommendation: 'Favorable ❑Not Favorable CITY OF SOUTH BEM).INDIA\.- BOARD OF PUBLIC NVORKS Elizabeth A.Maradik.President Joseph R.Molnar.Vice President Gan \ (iilot.Member Rrcana Micou.Member s. fit` ' ,pj,„lsluu/44att44. \Torras L.Miller.Member \ue,1 Madeline Hostetler, \cone Clerk u:n•: July 22,2025 This application expires 90 days from the BPW meeting date,which is October 20, 2025 v.2024-07-30 ,,, STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 04/09/2025 Phone#: 269-391-0542 Name: Woodhaven, LLC. Email: jlovely@allenedwin.com Property Address: 14009 Jefferson Blvd. Suite C Mishawaka, In 46545 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): An east-west stub street extending easterly from Emerson Forest Parkway and 95'south of Irvington Drive in Woodhaven Section One Subdivision. Is your property adjacent to the street/alley of interest? El Yes ❑No Do any property owners currently access the street/alley? ❑ Yes g No Is there a future property development plan associated with this request? I Yes f No Describe the reason for this vacation request and proposed use: This undeveloped stub has not been constructed nor has had utilities planned or construction in this Right of Way. This stub is planned to be vacated and replaced with a portion of a newly platted lot. A proposed major primary subdivision is planned with 100+ lots to include this Right of Way. 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 El No Will the vacation result in:dead end alley,interference with bike route,violations of ❑ Yes ❑i No minimum traffic safety standards? Are there public or private utilities in the alley? ❑ Yes ❑ No Preliminary Staff Comments: FAVORABLE: The major subdivision process is underway with a revised street layout and the newly platted lots will require change in the ROW. No site visit. v.2024-07-30 t,, STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 04/09/2025 Phone#: 269-391-0542 Name: Woodhaven, LLC. Email: jlovely@allenedwin.com Property Address: 14009 Jefferson Blvd. Suite C Mishawaka, In 46545 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): An east-west stub street extending easterly from Emerson Forest Parkway and 95'south of Irvington Drive in Woodhaven Section One Subdivision. Is your property adjacent to the street/alley of interest? E Yes ❑No Do any property owners currently access the street/alley? ❑ Yes g No Is there a future property development plan associated with this request? Ei Yes E No Describe the reason for this vacation request and proposed use: This undeveloped stub has not been constructed nor has had utilities planned or construction in this Right of Way. This stub is planned to be vacated and replaced with a portion of a newly platted lot. A proposed major primary subdivision is planned with 100+ lots to include this Right of Way. 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 ❑i 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 ❑ No Preliminary Staff Comments: FAVORABLE: The major subdivision process is underway with a revised street layout and the newly platted lots will require change in the ROW. No site visit.