HomeMy WebLinkAbout07-26 Alley Vacation - The First East/West Alley North of Prast, Between Elmer and the First North/South Alley West of Elmer Ezequias Ruiz
901 N. Elmer St.
South Bend, IN 46628 Filed in Clerk's Office
Noemi.ramirez79@gmail.com Feb 25, 2026
Bianca lirado
(574)329-1476 City Clerk. South Rend, IN
February 25, 2026
South Bend Common Council
215 S. Dr.Martin Luther King,Jr.Blvd.,Ste 400
South Bend,Indiana 46601
RE:Alley/Street Vacation- 1st E/W Alley North of Prast Blvd.,between Elmer St.and
the 1st N/S Alley West of Elmer St.
Dear Honorable Members of the Common Council,
I respectfully submit this formal request for consideration and approval of an ordinance to
vacate the 1st East/West alley north of Prast Boulevard,located between Elmer Street and
the 1st North/South alley west of Elmer Street.
On February 10, 2026,the City of South Bend Board of Public Works conducted its review of
the proposed alley vacation pursuant to Indiana Code§36-7-3-13 and issued a favorable
recommendation. I hereby request that the Common Council accept the Board's
recommendation and proceed with consideration of the ordinance to vacate the referenced
right-of-way.
The subject portion of the alley is not actively utilized for public travel,does not provide
essential access to adjacent parcels,and does not contain public utilities.The proposed
vacation will not hinder the growth or orderly development of the neighborhood, nor will it
restrict access to any adjoining properties,public buildings,or rights-of-way.Instead,
incorporation of this area into the adjoining property will allow for improved maintenance,
enhanced safety,elimination of potential nuisance conditions, and responsible long-term
stewardship consistent with surrounding residential development.
In accordance with the conditions outlined by the Board of Public Works, I acknowledge and
agree to comply with all requirements outlined in the ordinance, including the obligation to
eliminate the alley approach by retaining a properly bonded private contractor to remove
the existing approach,replace the curb where required,and establish turf and tree lawn
improvements in accordance with City standards and specifications. I further acknowledge
that all required improvements shall be completed within ninety(90) days of final approval
by the Common Council,and that notification of completion will be provided as required.
I respectfully request your approval of this ordinance.Should additional documentation,
affidavits,or compliance materials be required, I stand ready to provide them promptly.
Thank you for your time,consideration,and service to the City of South Bend.
Sincerely,
loir,--=••
zequias Ruiz
BILL NO. 07-26
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EAST/WEST ALLEY NORTH OF PRAST, BETWEEN ELMER AND THE
FIRST NORTH/SOUTH ALLEY WEST OF ELMER
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation in order to keep all of their properties together, which is
anticipated to make a significant difference in reducing vandalism and dumping of litter
around their property. Petitioner also wishes to build an extension of the home or current
garage.
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 north of Prast, between Elmer and the first north/south alley west
of Elmer, 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:
901 Elmer Street—Parcel ID 018-2031-1037
837 Elmer Street—Parcel ID 018-2032-1053
SECTION IV. The purpose of the vacation of the real property is to keep all of Petitioner's
properties together, which is anticipated to make a significant difference in reducing vandalism
1
and dumping of litter around their property. Petitioner also wishes to build an extension of the
home or current garage.
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 , 2026.
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 , 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2026, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
2
EXHIBIT A
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018 2031 1029in 018-2031-1030 in 018-2031-1039
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018-2031-1040
018 31 1031' 018-2031 1032 i _
V 018 ' 1 1041
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018 2031 1034 ., 018 2031 101g
' 018-2031-1035
018-2031-1036 111 018-20 018 2031 1043
1037 �
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018 2032 1052 018 2032 1053 �1� ?032-1054
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018 2032 105 ` " 018-2032-10A
018-2032-10-56 • °4,1
018-2032-1060
018 2032 1061 018-20 -1062 ,._1
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CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
*
February 10,2026
Mr.Ezequias Ruiz
901 N.Elmer St.
South Bend,IN 46628
Noemi.ramirez79@gmail.com
RE: Alley/Street Vacation- 1st E/W Alley North of Prast Blvd.,between Elmer St.and the 1st N/S Alley
West of Elmer St. (Preliminary Review)
Dear Mr.Ruiz:
At its February 10, 2026 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 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
ELIZABETH A. MARADIK I JOSEPH R.MOLNAR I MURRAY L.MILLER I BREANA N. MICOU I ABIGAIL E. MAGAS
215 S. Dr. Martin Luther King, Jr. Blvd., Ste 400, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov
0
SOUTH a O
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1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: April 11, 2025
TO: Kyle Ludlow, Public Works
Abigail Magas, Engineering
Zach Hurst, Engineering
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Hillary Horvath, Clerk (hhorvath@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION
APPLICANT: Ezequias Ruiz
LOCATION: 901 N. Elmer 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, contingent on removing existing approach.
COMMUNITY INVESTMENT: Favorable, contingent on removing existing approach.
FIRE: Favorable
POLICE: Favorable recommendation
v. 2024-07-30
y� sA&E\G' STREET/ALLEY VACATION BPW APPLICATION
'� a• City of South Bend - Board of Public Works
IF 215 S. Dr. Martin Luther King,Jr. Blvd
-%'‘-• Suite#400
South Bend, IN 46601
Date: 1/ /71�" Phone#: c7"f 3;.' 14-40
Name: LZeq 1 r /i.t.7 .(cipttr(2 7`1Q / C
Property Address: 96/ N• �M P� S . 504. & -ZD' ��F 2 t/U'J
Applicant property information: [ Residential I I 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):
IS•1•6J0 ajIe ni+i -C P 6c-ftN,e-tn
I k.,tr 1 ��. N l s rk t‘t,y i,,>esk t% €(
Describe the reason for the request,proposed use,and any changes made to the request following from
preliminary review:
1 b Ka p 0,),1 r�.. e-*' u 1,9e C7' i,u1.6Ch tnkdc. 4 S Ovt .0 i ce,
OJT(1-4-C n hatri"5 eSf J Can6 Sres JoK1e Oro t ci bLy. f v offi41 . 4 I e 1
0.e- 444 4A c �' l�.Wc% v►�L an .,fin S1 on cF -�ke, k c (-4I.e.
The following MUST bd attached to this application:
• $300 payment (check or money order)
• Preliminary review form with staff comments
Office Use Only
Fee Paid Date: 11/17/2025
Check/Money Order#: CK#1001
BPW Recommendation: Favorable ❑ Not Favorable
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
ta,Lli 771
Elizabeth A.Maradik,President Joseph R.Molnar,Vice President
Murray L Miller,Member Breana N.Micou,Member
f m. ,PE f
Abigail E.Magas,Member Attest:Hillary R.Horvath,Clerk
Date: February 10,2026
This application expires 90 days from the BPW meeting date,which is May 11, 2026
v.2024-07-30
-4-5- _�� STREET/ALLEY VACATION PRELIMINARY REVIEW
Zi :� City of South Bend - Board of Public Works
i ,,.,<: <i 227 W. Jefferson Boulevard, Ste. 1316
South Bend, IN 46601
Date: 4/10/2025 Phone#: (574)329-1476
Ezequias Ruiz Name: Email: noemi.ramirez79@gmail.com
Property 901 N. Elmer street SouthBend, IN. 46628
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):
1st E/W alley north of Prast, between Elmer and the 1st N/S alley west of Elmer
Is your property adjacent to the street/alley of interest? g Yes ❑No
Do any property owners currently access the street/alley? ❑ Yes ❑No
Is there a future property development plan associated with this request? g Yes No
Describe the reason for this vacation request and proposed use:
To keep all my properties together which made a significant diffrence in having less vandalism
done around our property and less activity of dumping litter. To make an extension of the house
or the current garage.
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'? ❑i Yes ❑ 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? g Yes ❑ No
Preliminary Staff Comments:
Favorable recommendation to vacate the requested row The west half of the alley should be strongly considered as part of the vacation
so that a"T"intersection is not created. Continued use of the Elmer Street approach as a driveway access must be directed through
the engineering office.
Alley fenced on the west and east ends.for multiple years The house/garage expansion is planned but not scheduled.
Staff visit-4-25-25
v.2024-07-30
STREET/ALLEY VACATION PRELIMINARY REVIEW
\, City of South Bend - Board of Public Works
x� 227 W. Jefferson Boulevard, Ste. 1316
/065 South Bend, IN 46601
Date: 4/10/2025 Phone#: (574)329-1476
Ezequias Ruiz noemi.ramirez79@gmail.com
Name: Email:
Property 901 N. Elmer street SouthBend, IN. 46628
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):
1st E/W alley north of Prast, between Elmer and the 1st N/S alley west of Elmer
Is your property adjacent to the street/alley of interest? ❑� Yes ❑No
Do any property owners currently access the street/alley? 0 Yes ❑No
Is there a future property development plan associated with this request? ❑J Yes ❑No
Describe the reason for this vacation request and proposed use:
To keep all my properties together which made a significant diffrence in having less vandalism
done around our property and less activity of dumping litter. To make an extension of the house
or the current garage.
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? 0 Yes ❑ No
Is this the only midblock connection? ❑i Yes ❑ No
Is the block length greater than 600'? 0 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? ❑' l es ❑ No
Preliminary Staff Comments:
Favorable recommendation to vacate the requested row The west half of the alley should be strongly considered as part of the vacation
so that a"T"intersection is not created. Continued use of the Elmer Street approach as a driveway access must be directed through
the engineering office.
Alley fenced on the west and east ends.for multiple years The house/garage expansion is planned but not scheduled.
Staff visit-4-25-25
Name Malting Address Mailing City Mailing State Malting Zip Parcel ID Property Address Property City Property State Property Zip
STEWART ROOSEVELT 1222 Huey St South Bend IN 46628 018-2031-1031 910 N OLIVE ST SOUTH BEND IN 46628
RX INVESTMENTS LLC 1409S Breckenridge Loop Rogers AR 72756 018-2031-1032 909 ELMER ST SOUTH BEND IN 46628
DENDIU RACHEL 205 Towhee Dr Ball Ground GA 30107 018-2032-1060 830 N OLIVE ST SOUTH BEND IN 46628
12 3 LEASE ME LLC 415 Logan St South Bend IN 46615 018-2032-1052 840 N OLIVE ST SOUTH BEND IN 46628
JASMINE RHONDA&FORREST DARION 717 Pennsylvania Ave South Bend IN 46601 018.2031-1036 902 N OLIVE ST SOUTH BEND IN 46628
FORREST JOY&IVORY CARLTON JTWROS 834 N Olive St South Bend IN 46628 018-2032-1056 834 N OLIVE ST SOUTH BEND IN 46628
PRESTON TYRONE 1 838 Elmer South Bend IN 46628018-2032.1054 838 ELMER ST SOUTH BEND IN 46628
TURNER WILEY AND ROSIE 902 N Elmer St South Bend IN 46628 018-2031-1043 902 ELMER ST SOUTH BEND IN 46628
HALM SHAFIR LLC 814 S Moon Dr Venice FL 34292 018-2031-1042 904 ELMER ST SOUTH BEND IN 46628
SFR3-020 LLC 2261 Market St San Francisco CA 94114 018-2031-1040 910 ELMER ST SOUTH BEND IN 46628
LARA MARI CRUZ 905 N Elmer South Bend IN 46628 018-2031-1033 905 ELMER ST SOUTH BEND IN 46628
JASMINE RHONDA&FORREST DARION 717 Pennsylvania Ave South Bend IN 46601 018-2031-1034
WHITE ASHLEY 1 908 N Elmer St South Bend IN 46628 018-2031-1041 908 ELMER ST SOUTH BEND IN 46628
PRESTON TYRONEJ 838 N Elmer St South Bend IN 46628 018-2032-1058 834 ELMER ST SOUTH BEND IN 46628
PRESTON TYRONEJ 838 N Elmer St South Bend IN 46628 018-2032-1062 830 ELMER ST SOUTH BEND IN 46628
RUIZ EZEQUIAS R 901 N Elmer South Bend IN 46628 018-2031-1035
ACTIVE SOLUTIONS LLC 913E 8th St Michigan City IN 46360 018-2032-1061 829 ELMER ST SOUTH BEND IN 46628
HALE DAVID P.O.Box 172 Bristol IN 46507 018-2032-1057 833 ELMER ST SOUTH BEND IN 46628
RUIZ EZEQUIAS 901 N Elmer St South Bend IN 46628 018-2032-1053 837 ELMER ST SOUTH BEND IN 46628
RUIZ EZEQUIAS R 901 N.Elmer South Bend IN 46628018-2031-1037 901 ELMER ST SOUTH BEND IN 46628