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Home My WebLink About20-26 Alley Vacation - Western Half of the Unimproved North/South Right-of-Way North of Calvert and Immediately East of 2801 West Calvert South Bend Common Council February, 26,2026 4th Floor County City Building 227 W Jefferson South Bend, IN 46601 Dear Honorable Council, Please accept this Ordinance to vacate a portion of the street Left of way as shown in the attached diagram. There are no utilities currently located within the portion of the vacation area. Our plan is simply to increase our yard space. We respectfully request approval to aquire the right of wayas shown in the attached request. Thank you for your consideration. If you have any questions or concerns, please feel free to contact us attomkiewicz.pt@gmail.com. Sincerely, 4 Filed in Clerk's Office Apr 1, 2026 Bianca Tirado City Clerk, South Bend, IN Christopher and PeggyTomkiewicz 2801 W CalvertSt South Bend, IN 46613 • Filed in Clerk's Office Apr 1 , 2026 BILL NO. 20-26 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: WESTERN 'A OF THE UNIMPROVED NORTH/SOUTH RIGHT-OF-WAY NORTH OF CALVERT AND IMMEDIATELY EAST OF 2801 WEST CALVERT STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to expand his yard. 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: Western 1/2 of the unimproved north/south right-of-way north of Calvert and immediately east of 2801 W. Calvert, 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: 2810 W Calvert Street—Parcel ID 018-8110-4170 SECTION IV. The purpose of the vacation of the real property is to expand the petitioner's yard. 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. 1 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 2 175'285301 i I I i 5 018-8111,.-4168 l 0-41'71 ow. visp, w y Vv. CALVERT T 0f 4 +fib► 9 r - - - - - - - i --. !11f !MOWS fill II II o, II 018-8106-3992 018-: .6 3994!8-8106-4005 018--8110-41- -" 018-81.10-41�79 018-8106-3995 018-8106-4007/ o4sovTH 494 ■ x CITY OF SOUTH BEND BOARD OF PUBLIC WORKS January 13,2026 Mr.Christopher Tomkiewicz 2801 W.Calvert St. South Bend,IN 46613 Tomkiewicz.tt@gmail.com RE: ROW Vacation- ROW East of 2801 W.Calvert St. (Preliminary Review) Dear Mr.Tom kiewicz: At its January 13, 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 right of way. If you still wish to pursue this vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4t'' 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/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 E ce�,ti. a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 29,2025 TO: Kyle Ludlow,Public Works Eric Horvath, Public Works Chris Dressel,Community Investment Derek Erquhart, Fire Department Brad Rohrscheib,Police Department FROM: Hillary Horvath,(hhorvath@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS- ROW VACATION APPLICANT: Christopher Tomkiewicz LOCATION: Unimproved ROW East of 2801W.Calvert 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 COMMUNITY INVESTMENT:Favorable Recommendation FIRE: Favorable Recommendation POLICE:Favorable recommendation v.2U14-U/-JU Qt I!, ,i, STREET/ALLEY VACATION BPW APPLICATION City of South Bend - Board of Public Works ' Jefferson Boulevard, Ste. 1316 _ 227 W. ` ., South Bend, IN 46601 Date: 8 („7/"`? Phone#: 7/ t(J/ / — l r� Name: (I /D_ -et() i C 7 E-mail: /C2/!9,6-P�'CZ s pig Gni. / , �[' Property Address: C9 l W) /CO ( /jQ[riL / _ C4 Applicant property information: .Residential Commercial nU,duStrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley, west of St. Peter St and north of Howard St):DO/25sf i J421?L / i7t 00J De-L)/04 —C,'.-2-l aI{ 0/76d Avol , Describe the reason for the request, proposed use, and any changes made to the request following from preliminary review: 64st-i ' 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: Rf?Q/ 2nZS Check/Money Order x: BPW Recommendation: 7-Favorable ❑Not Favorable CITY OF SOUTH BEND.INDIANA BOARD OF PUBLIC WORKS 1 ,gin Elizabeth A.Maradik,President Joseph R.Molnar,Vice President yyLwy A 7"4" , lG-- Murray L Miller,Member Breana N.Micou,Member airg"?71T4,PE €. Abigail E.Magas,Member Attest:Hillary R.Horvath,Clerk Date: January 13, 2026 This application expires 90 days from the BPW meeting date,which is April 13,2026. • v.2024-07-30 STREET/ALLEY VACATION PRELIMINARY REVIEW "° \ City of South Bend - Board of Public Works PE.�. 227 W. Jefferson Boulevard, Ste. 1316 s' South Bend, IN 46601 Date: June 6, 1995 Phone#: 574-261-7864 Chris Tomkiewicz tomkiewicz45@gmail.com Name: Email: �g Property 2801 W. Calvert 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): West Calvert / rail road own field around me. (Unimproved ROW east of 2801 W. Calvert) Is your property adjacent to the street/alley of interest? O Yes ONo Do any property owners currently access the street/alley? ❑ Yes O No Is there a future property development plan associated with this request? ❑Yes ONo Describe the reason for this vacation request and proposed use: For a bigger yard. 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 0 No Is this the only midblock connection? ❑ Yes 0 No Is the block length greater than 600'? ❑ Yes j 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? O Yes ❑ No Preliminary Staff Comments: Favorable recommendation for a partial vacation that incudes the western 1/2 (approx. 26 ft) of the unimproved N-S ROW north of Calvert and immediately east of 2801 Calvert Partial vacation allows for continued access to underground utilities. Chris Dressel From: Chris Dressel Sent: Wednesday, August 6, 2025 1:03 PM To: tomkiewicz45@gmail.com Cc: Gemma Stanton; Kyle Ludlow; Diane Stauffer Subject: RE: Your ROW vacation request - 2801Calvert Attachments: Public Right of Way Vacation Procedure_Current.pdf; ROW Vacation Application - 2801 W. Calvert St. - Final Preliminary Review.pdf Hello Chris, Please find attached a completed City of South Bend preliminary review form in response to your request to vacate the Public Right of Way immediately east of 2801 W. Calvert. Your request has received a FAVORABLE RECOMMENDATION for a partial vacation. • Following a site visit on 7-11-2025 and further staff review,your request has received a favorable recommendation for a vacation of the western 1/2 of the ROW(approximately 26') The eastern 1/2 of the ROW should be preserved to maintain access to existing utilities. • Next steps are attached as part of the Public Right of Way Vacation procedure. If you wish to continue your request, please send the same attached completed preliminary review form to PWEngineering@southbendin.gov and pay the$300 filing fee—processing for the Board of Public Works follows. Please let me know If you have any questions. I will mail the attached documents per your earlier request. Chris Chris Dressel ,,c0TH F ��:_ Senior Planner (y, j=i. City of South Bend ,./11:. Department of Community Investment Division of Planning and Community Resources �_rars County-City Building cdressekasouthbendin,gov 227 W.Jefferson Blvd 574-235-5847 South Bend,IN 46615 Southbendin.gov Excellence Accountability Innovation Inclusion Empowerment 1 , . _ ... .,...m...1‘. 0 At At at r 7 4111 41 ;, • tle igl ,. . ._. -• , t t Aso sto•Iy 4.11fteg I hwoody AD dew* ......*44, 90,09a. 9..0,,, ••au•••• •••,••••• • l....CP.T.r., r •.401 91.9011.019391 .01 41901t 10PARILIMCZ CAOSOCKA•A*0 vECKTT *eft Alban Mu v•CALVEITT ST Any sub G.,122..S•VAT Oa COrvoter MANN=1101.111111111 alleles.ra..iewas '''-' — iii , rim . .2 i 1.1 1 011.11114.930 111 40 lap N ; 1. Li - * g440 i II 1 lid c'Lli 411 fr ill ilii AL 01- le A 91 0 a 19 .. . 1911. 9. — ,84110-4 i 70 !OP-I 5-301.02.1000-026 r . I • • .i, . '.!---o—e—eo—...—........ I g $ [ t ! g I IIII 1.! OM III i t 'll 4 9 r - ' !II. airt Igil 1 '111 11 , ill 1 i q I .1. . .., . " .10- • : I Portage 2 A I 210212End IN Li I 1 = i ; . 1 i . . ,,... ...,..,.... _ _ 190100.0.1 I 0 •' 1.5 . 2 9 . 9 t et j Name Mailing Address Mailing City Mailii Mailing Zi Parcel ID Property Address Property City Proper Zip KIDDER MARK A&LORRIE J 2814 West Calvert St South Bend IN 46613 018-8110-4177 2814 W CALVERT ST SOUTH BEND IN 46613 RECENDIZALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3994 2714 W CALVERT ST SOUTH BEND IN 46613 SHELTON BROOKE UND 1/4 INT&THOMAS NIA UND 1/4 INT&CANTU BRYCE UND 1/4 INT&THOMAS ESSA UND 1/4 INT JTWROS 2808 W Calvert St South Bend IN 46613 018-8110-4178 2808 W CALVERT ST SOUTH BEND IN 46613 ALLEN CRAIG 2802 W Calvert St South Bend IN 46613 018-8110-4179 2802 W CALVERT ST SOUTH BEND IN 46613 WASHINGTON CATHERINE 2813 W Calvert St South Bend IN 46613 018-8110-4168 2813 W CALVERT ST SOUTH BEND IN 46613 GILLS LENNIE P 2807 West Calvert St South Bend IN 46613 018-8110-4169 2807 W CALVERT ST SOUTH BEND IN 46613 TOMKIEWICZ CHRISTOHER A AND PEGGY F 2801 W Calvert St South Bend IN 46613 018-8110-4170 2801 W CALVERT ST SOUTH BEND IN 46613 RECENDIZ ALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3993 RECENDIZALEJANDRO DIAZ 2714 W Calvert St South Bend IN 46613 018-8106-3992 NEW JERSEY IND AND ILL RR CO%NORFOLK SOUTHERN CORP Taxation Department Atlanta GA 30308 018-8075-2856 NEW JERSEY IND AND ILL RR CO%NORFOLK SOUTHERN CORP Taxation Department Atlanta GA 30308 018-8075-285301