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Home My WebLink About49-25 Alley Vacation - Various Properties Near the Intersection of Lincolnway West, Leland Avenue, and West Marion Street County-City Building Phone 311 inside City limits 227 W Jefferson Blvd,Suite 1400 S $pUTH B� • Email 311@southbendin.gov South Bend,IN 46601 � 4,e) , Website Southbendin.gov James Mueller,Mayor 2 U fa ; x x 1865 City of South Bend Department of Community Investment July 15, 2025 Filed in Clerk's Office Office of The City Clerk AUG 1 5 2025 County-City Building 227 W Jefferson Blvd, 4th Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bond, IN RE: Alley/Street Vacation - 618, 620, 622 Marion St., 419, 421, 425 Leland Ave., & 627 LWW To Whom it May Concern, I, Erin Michaels, the Property Development Manager for the City of South Bend, am submitting a request for an alley/street vacation on behalf of the Redevelopment Commission for the properties located at 618, 620, 622 Marion St., 419, 421, 425 Leland Ave., & 627 LWW. The Redevelopment Commission is submitting this request to for a vacation of the alley/street for these properties in relation to a disposition of these properties to Advantix Development Corporation for the construction of LIHTC income-based housing. If you have any questions regarding this correspondence, please feel free to contact me at emichaels@southbendin.gov or (574) 235-5931. Sincerely, abt, Erin Michaels Property Development Manager Filed in Clerk's Office >A.u G 1 5 2025 BILL NO. 49-25 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: VARIOUS PIECES OF PROPERTY NEAR THE INTERSECTION OF LINCOLNWAY WEST, LELAND AVENUE, AND WEST MARION STREET STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in relation to the disposition of properties located at 622 Marion St., 620 W. Marion St., 618 W. Marion St.,425 Leland Ave., 421 Leland Ave.,419 Leland Ave., and 627 Lincolnway West from the Redevelopment Commission to Advantix Development Corporation for the construction of Low Income Housing Tax Credit ("LIHTC") income-based housing units. 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: Various pieces of property near the intersection of Lincolnway West, Leland Avenue, and West Marion Street, 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: 627 Lincolnway West—ID 018-1055-2359 419 Leland Avenue—ID 018-1055-2358 421 Leland Ave—ID 018-1055-2357 425 Leland Ave—ID 018-1055-2356 535 Lincolnway West—ID 018-1021-0901 1 No Address Parcel ID 018-1021-0899 No Address Parcel ID 018-1021-0886 No Address Parcel ID 018-1021-0885 528 W Marion Street—ID 018-1021-0884 No Address Parcel ID 018-1021-0883 528 W Madison Street—ID 018-1021-0882 526 W Madison Street—ID 018 1021-088201 520 W Madison Street—ID 018-1021-0881 SECTION IV. The purpose of the vacation of the real property is in relation to the disposition of properties located at 622 Marion St., 620 W. Marion St., 618 W. Marion St., 425 Leland Ave., 421 Leland Ave., 419 Leland Ave., and 627 Lincolnway West from the Redevelopment Commission to Advantix Development Corporation for the construction of Low- Income Housing Tax Credit ("LIHTC") income-based housing units. SECTION V. The vacation is subject to the elimination of any 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 Lee, President, South Bend Common Council ATTEST: Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2025, at o'clock_.m. Bianca Tirado, 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 A PARCEL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 28 IN HENRICKS&GRANTS ADDITION TO THE CITY OF SOUTH BEND, RECORDED UNDER INSTRUMENT NUMBER 6070022 IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY;THENCE NORTH 62°02'47"WEST ALONG THE NORTHERLY LINE OF SAID LOT 28, 15.87 FEET TO THE POINT OF BEGINNING, BEING A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 255.00 FEET,SUBTENDED BY A CHORD LENGTH OF 18.02 FEET, BEARING NORTH 80°29'29" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, 18.02 FEET TO THE WESTERLY LINE OF THE EAST HALF OF SAID LOT 28;THENCE NORTH 27°45'09" EAST,ALONG SAID WESTERLY LINE AND LINE EXTENDED, 16.19 FEET; THENCE SOUTH 17°07'08" EAST,8.24 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF 16.00 FEET,SUBTENDED BY A CHORD LENGTH OF 12.24 FEET, BEARING SOUTH 39°36'17" EAST;THENCE SOUTHEASTERLY ALONG SAID CURVE, 12.56 FEET TO THE POINT OF BEGINNING;SAID PARCEL CONTAINING 107 SQUARE FEET, MORE OR LESS,AND SUBJECT TO EASEMENTS,COVENANTS, AND RIGHT OF WAY OF RECORD. THIS DESCRIPTION WAS PREPARED BY MICHAEL J. ROZYCKI, INDIANA REGISTERED LAND SURVEYOR, LICENSE NUMBER 20500010, WITH ABONMARCHE CONSULTANTS INC.AND IS BASED ON RECORD INFORMATION. `````1► ttttrtttio0/. ‘„r":4-1,07 /(7Y(.., MICHAEL J. ROZYCKI S DATE �` �` ,s`��G15TFi?,,,,eo ��-��'� * LS20500010 STATE OF ' H,Iin►►a`` C:\Users\creber\Desktop\17-1075 City of South Bend\CADA_Survey\Legals and Reports\EXHIBIT A-VACATION 28(EAST)107 SQFT.docx EXHIBIT B NARION(R/W VAR ES)T _. R/W VACATION / 107± SQ. FT. / �� 0 15 0 w Scale 1"=301 -46s / ,' (R)/iv ONS -t— _-- ci �� o.c. �q TRF _ _ R/ J Fr — — / NE. COR. FS / LOT 28 - / / ----,1.--2_S t 27 z /hm T & Gel S BENp 'o 0. HENRICKS OUTI� �o // ' TO THE CITY #6070 / iti / P INS R �� -V-.> / / / / �P �,TT i o, / xi i s / / / 7 LINE DATA TABLE 0 Iq.q LINE # BEARING LENGTH / Fy L1 N62'02'47"W 15.87' tTI / r. L2 N27'45'09"E 16.19' L3 S17'07'08"E 8.24' r a s. o CURVE TABLE v CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH TANGENT ca LI Cl 18.02' 255.00' 4'02'55" N80'29'29"W 18.02' 9.01' N al C2 12.56' 16.00' 44'58'19" S3936'17"E 12.24' 6.62' a RIGHT OF WAY :IABONMARCHE ., VACATION ,yU Lincoln Woy Lost Battle Creek Goshen •' South Bend,IN 46601 Benton Harbor Hobart Q T 574.232.8700 Lafayette South Hoen A PARCEL LOCATED IN THE SE 1/4 OF F574.251.4440 South Bend South v ii SEC. 2, T37N, R2E, CITY OF SOUTH BEND, obonmarche.corn y ST. JOSEPH COUNTY, INDIANA DATE: 3/18/2019 ACI JOB#: 17-1075 ro i COPYRIGHT 2019-ABONMARCHE CONSULTANTS.INC. $0011-4. 04 \'I'p 1316 COUNTY-CITY BUILDING G PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD ;il FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 5': ''t AOr 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office June 10,2025 Ms.Erin Michaels AUG , 2025 Department of Community Investment Bianca Tirado 227 W.Jefferson Blvd.,Suite 1400 S City Clerk, South Bend, IN South Bend,IN 46601 emichaels a,southbendin.gov 1. RE:Alley/Street Vacation—618,620,622 Marion St.,419,421,425 Leland Ave.,&627 LWW (Preliminary Review) Dear Ms. Michaels: At its June 10,2025 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.If you still wish to pursue this 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 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 BREANA N.Micou 4s'uTH84yd ` Y < Y 1865� INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: April 30, 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 —ALLEY VACATION APPLICANT: Erin Michaels — Department Community Investment LOCATION: 618,620,622 W. Marion St., 419,421,425 Leland Ave. & 627 Lincoln Way West 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 �4 ,LTH � STREET/ALLEY VACATION BPW APPLICATION � City of South Bend - Board of Public Works 7 `') 1 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 04/30/2025 Phone#: 574-235-5931 Name: Erin Michaels Email: emichaels@southbendin.gov 622 MARION ST,620 W MARION ST,618 W MARION ST,425 LELAND AVE,421 LELAND AVE,419 LELAND AVE&627 LINCOLN WAY WEST Property Address: Applicant property information: Z Residential n 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): Please see attached drawing showing overall proposed vacation Describe the reason for the request,proposed use,and any changes made to the request following from preliminary review: This vacation request is in relation to the disposition of these properties from the Redevelopment Commission to Advantix Development Corporation for the construction of LIHTC income-based housing units. 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:_4/28/25 Check/Money Order#: See attached BPW Recommendation: Favorable El Not Favorable 01 ib 44. tit Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Breana N.Micou,Member -i1C/// Murray L.Miller,Member Theresa M.Heffner,Clerk This application expires 90 days from the BPW meeting date,which is September 10,2025. v.2024-07 30 4500118%, STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 4!065 South Bend, IN 46601 Date: 1/13/2025 Phone#: 574-235-5931 Name: Erin Michaels Email: emichaels@southbendin.gov Property 622 W MARION ST,620 W MARION ST,618 W MARION ST,425 LELAND AVE,421 LELAND AVE,419 LELAND AVE&627 LINCOLN WAY W 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): Please see attached drawing showing overall proposed vacation Is your property adjacent to the street/alley of interest? ❑ Yes ❑\ Do any property owners currently access the street/alley? ❑ Yes ❑ Is there a future property development plan associated with this request? ❑Yes ❑� Describe the reason for this vacation request and proposed use: This vacation request is in relation to the disposition of these properties from the Redevelopment Commission to Advantix Development Corporation for the construction of LIHTC income-based housing units. 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 ❑ N'o Is this the only midblock connection? ❑ Yes ❑ \o Is the block length greater than 600'? ❑ Yes 0 �o Will the vacation result in:dead end alley,interference with bike route,violations of ❑ Yes '❑ \., minimum traffic safety standards? Are there public or private utilities in the alley? ❑ Yes Preliminary Staff Comments: Staff is providing a favorable recommendation to this series of vacation requests. Note - First two items above are non-applicable. ........,..,,..,.....,...... ..--...... 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