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HomeMy WebLinkAboutBill 29-16 Alley Vacation from Franklin Street to Lafayette Blvd between Sample and Gasrst StreetsL.7anch, F /arne'r .cSz Associates, Inc. Land Surveyors M Professional Engineers Landscape Architects Land Planners Office: (574)234 -4003 / (800)594 -4003 Fax: (574)234 -4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 April 25, 2016 RE: Alley Vacation — First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East/West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana; Dear Council Members: On behalf of our clients, City of South Bend Department of Community Investment, we are requesting the approval of the Vacation for all the Public Alleys known as the First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East /West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana The reason for this request is to allow for the future development to occur east of Ignition Park. Once the Alleys are vacated, it will allow the City to move ahead with creating a new lot for a future development site. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Harper & Associates File No. 160121 Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: Alley Vacation — First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. and the First East /West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street, South Bend, Indiana STATEMENT OF PURPOSE AND INTENT 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 Ordinance 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 properties: 1). The First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. running for a distance of 521.5 feet more or less. 2). The First East /West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street running for a distance of 344.6 feet more or less. hereby determines that it is desirable to vacate said properties. 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 property Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18- 8002 -0061 18- 8002 -0070 18- 8002 -0071 18- 8002 -0073 18- 8002 -0074 18- 8002 -0075 18- 8002 -0076 18- 8002 -0077 18- 8002 -0078 18- 8002 -0079 18- 8002 -0094 18- 8002 -0096 18- 8002 -0097 18- 8002 -0098 18- 8002 -0099 18- 8002 -0100 18- 8002 -0101 18- 8002 -0102 18- 8002 -0104 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alleys and Streets in the described area to allow for the creation of a subdivision plat for future development. 2 SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2016, at o'clock . m. Approved and signed by me on the o'clock . m. t A READING PUBLIC HEARD?( - 3 rd READING NOT APPROVED REFI RRIIID °ASSED City Clerk day of , 2016, at Mayor, City of South Bend, Indiana Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) To the Common Council Date: 4 -25 -16 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). The First North/South Alley from Sample Street to Garst Street, between Franklin Street and Layfayette Blvd. running for a distance of 521.5 feet more or less. 2). The First East /West Alley from Franklin Street to Lafayette Blvd. between Sample Street and Garst Street running for a distance of 344.6 feet more or less. Tax Key Numbers owned by the Petitioner: 18- 8002 -0061 18- 8002 -0070 18- 8002 -0071 18- 8002 -0074 18- 8002 -0075 18- 8002 -0076 18- 8002 -0078 18- 8002 -0079 18- 8002 -0094 18- 8002 -0097 18- 8002 -0098 18- 8002 -0099 18- 8002 -0101 18- 8002 -0102 18- 8002 -0104 NAME (signed & printed) & ADDRESS City of South Bend - Department of Community Investment 141 Floor County -City Building South Bend, Indiana 46601 David Relos: City of South Bend Department of Community Investment Office of the City Clerk Kareemah Fowler, City Clerk Room 455- County -City Building South Bend, IN 46601 574- 235 -9221 CONTACT PERSON NAME: Michael J. Danch Danch, Hamer and Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 PHONE: 574- 234 -4003 e -mail: mdanch@dancharner.com 18- 8002 -0073 18- 8002 -0077 18- 8002 -0096 18- 8002 -0100 Filed in Clerk's Office JUN 07 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, !N 71- 08 -11- 477 - 006.000 -026 701 SAMPLE 904 DUBLIN 71- 08 =14- 227- 004:000 -026 1012 FRANKLIN 71 -0 - -227- 007.00 -026 0 1 2 FRANKLIN o° 71-03- - 227- 008.00 026 ° �? 1 N 0 0 0 0 v 0 Legend ® Alleys to be vacated 150 ft Area of Notification Petitioner: Dept. of Community Investment 227 W. Jefferson Blvd Suite 1400 S South Bend, IN 46601 574 - 235 -9371 Purpose: Alley is not used. Surface is all grass. 71- 08 -13 -1 910 L 13 -1 71 -08 -13 -101- 004.000 -0267 - 08 -13- 102 -0 .000 -02 917 LAFAYETTE 920 LAFAY 711'08A3-110'1 1'0813 -10 TE 71 -08 -13 101- 005.000 -026 m M 917 LAFAYETTE 924 LA 71- 08 -13 -10 1002 LA AYETTE ? E� - AYETTE 71- 08 -13- 101 - 006.000 -026 1005 LAFAYETTE �-d c 71- 08 -13- 101 - 007.000 -026 1005 C/3 at LAFAYETTE - 71- 08 -13- 101 - 008.000 -026 0 . 1005 LAFAYETTE w o oow ea o d 3 m �w -d �a �4+ L N LL m � °g 71 -08 -13 -101- 009.000 -0 ca '0 0 A o 1015 LAFAYETTE 7 o O r- 0 o �Z m 4 FRANKLIN' c U) r C\1 LO m M � M aU- E� _ 71- 08 -14- 228 -001.0 322 GARST llp Garst rt /JUN 07 2016 RE MAH FOWL KY CLERI C, SOUTH B! - 104 - 001.000 -026 322 GARST 75 150 Ra o� �Cn q) (Y oQ L� 300 Feet LEGAL DESCRIPTION: The first alley to be vacated is the first North/South alley East of Franklin Street from Sample Street to Garst Street for a distance of 522.5 feet and a width of 14 feet. The second alley to be vacated is the first East /West alley South of Sample Street from Franklin Street to LaFayette Blvd for a distance of .331.6 feet (not including the North/South alley). Both alleys being a part of South Bend City Addition, City of South Bend, Portage Township, St. Joseph County, Indiana. Document Path: I:\ Projects \Engineering \Tony\AlleyVacations \Lafayette Garst St Sample St Franklin St. nntA- tiiai�n1 a Time: 10:34:28 AM lsar Name• rrasiann N W E S m M X rLO mR: m -q Lh as V Z M LA r C N M 0 y c ti 0) v Ln C C d m >, ..i x =C- =oec c� o 041 C#) LL N Project No. Page No. Date c U) r m M aU- E� _ Cc c CO) cc �-d c > C/3 at U L 0 . C J m c 3 � � d 3 m Q -d m CO �4+ L m � 0 ca '0 0 J O r- o �Z m �a W CO) Z ad m M X rLO mR: m -q Lh as V Z M LA r C N M 0 y c ti 0) v Ln C C d m >, ..i x =C- =oec c� o 041 C#) LL N Project No. Page No. Date St. Joseph County Jail Building Corp 1200 County City Building South Bend, IN. 46601 Tax Key # 018 3043 165412 Kring Property Group LLC 8950 Bash St Indianapolis, IN. 46250 Tax Key # 018 8003 0119 Property Owners Civil City of South Bend 227 W Jefferson Ste. 1200 South Bend, IN. 46601 Tax Key # 018 8001 0001 Dept. of Redevelopment City of South Bend 227 W Jefferson Blvd. 1400 South Bend, IN. 46601 Tax Key # 018 8001 0003 Filed in Clerk's Office JUN 07 2016 KAREEMAhi FOWLER CITY CLERK, SOUTH BEND, IN 1316 COUNTY -CITY BUILDING Ut� d PHONE 574/235-0251 227 W. JEFFERSON BOULEVARD Cc "? FAX 574/235-9171 SOUTH BEND. INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 12, 2016 Mr. David Relos City of South Bend Community Investment RE: Alley Vacation — First North/South Alley from Sample St. to Garst between Franklin St. and Lafayette Blvd. and First East/West Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst (Preliminary Review) Dear Mr. Relos: The Board of Public Works, at its April 12, 2016, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that 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. Please contact Tony Molnar at (574) 235 -9254 prior to picking up your radius map You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lind4 M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Alkeyna Aldridge, City Clerk's Office GARY A. GILOT DAVID P. RELOs ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU U7'FI INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/2/2016 TO: Pete Kaminski, Street Department ike Bronstetter, Solid Waste orbitt Kerr, Engineering: Department Dressel, Community Investment .,�hrls ederico Rodriguez, Fire Department ,/Larry Magliozzi, Area Plan Commission (Imaglioz(a)co.st- 'ose h.m.us or 235 -9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO (pmgriffin(r-nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: City of South Bend — Dave Relos First N/S Alley from Sample St. to Garst between Franklin LOCATION: St. and Lafayette Blvd. and First EM Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst. DATE DUE: March 15, 2016 FAX OR E -MAIL TO: 235 -9171 / imartin(&_southbendin.gov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 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. COMMENTS: By Date �o �C b d_ A C oRp a � aJ ,wa S !3 ! .1„ 1.. C4 64.5 b as oho o� �w -DRA9 4 t W t 1J 14 D. , r 1 oi'` o IQ 145.4 9r-I 1 ( o Cb W *4 $ vI _ {O ►�J . � ( _ o0 a �► ! u ^ O C - - - - -- 'j u y o i 0o i t Oo • TON— ed in Cie m JUN 0 ` KAREEMAI CITY CLERK, S o p�q r - {� GrrY ar- Scvru 0E WA lszle'4s er 11.14 1 ' 3r. UA AN O t.a9 6G w n/1 OG . -. _ GO r. r. Cifi •• or. .__ S5. Cr 7 f]'L ■ w Lj ST $41.72 231.73 8915 w ,— m = ~y • 0 r O O s e O y O � N N 340.6$ 23a■$ ol 8 .S n � �b w m N O p1 y o i . y akY TT • �' 6a 66 w 1J.,' US 1 w � • Sf : L i ,t 1, ,j� i 1 26$ 1L• • .3333 a . n� - tss.a ,• . 1 f7 i Y M 1J 14 D. OU oi'` o IQ W *4 $ vI a • .3333 a . n� - tss.a ,• . 1 f7 i Y M 1J 14 D. 7Y ii J3 W a W a {O ►�J . � ( _ o0 I u ^ • .3333 a . n� - tss.a ,• . 1 f7 i Y M ;I 02 t se A4 40,40 —0 .r rI Al fir+ K' ,� • 1 �o K �• _ a 4 �° f _ •..:oo e.a ,!0 aCi 7o JG 7Y ii J3 W W a M-pol'o- ►�J . � ( 'D o0 O 0 o v u y o i •� • ? o K V � 6G 6G' ;I 02 t se A4 40,40 —0 .r rI Al fir+ K' ,� • 1 �o K �• _ a 4 �° f _ •..:oo e.a '72 .O FJ . 13 1 — kP ST. 'a - ,!0 aCi 7o JG 7Y ii J3 W W V A ►�J . � ( 'D o0 O 0 o v u y o i •� • ? o V � 6G 6G' '72 .O FJ . 13 1 — kP ST. 'a - ,!0 aCi 7o JG 7Y ii J3 O aI i Office e � h 1 j U O Q 0 w� Elizabeth Horvath From: Federico Rodriguez Sent: Wednesday, March 02,2016 11:33 AM To: Elizabeth Horvath Subject: RE: Alley Vacation - City of South Bend Favorable S.B.F.D. Federico (Chico) Rodriguez Fire Marshal Office: (574) 235 -7564 Mobile: (574) 876 -6734 1222 S, Michigan Street City of South Bend, In 46601 frodrigu @southbendin.gov 0 Y I 7A. Everyone's We deliver services that empower everyone to thrive. Excellence J Accountability ( Innovation ( Inclusion I Empowerment From: Elizabeth Horvath Sent: Wednesday, March 02, 201611:14 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <m bro nste@south bendin.gov >; Patrick C. Kerr <pckerr @southbendin.gov >; Chris Dressel <cdressel @south bendin.gov >; Federico Rodriguez <frodrigu @southbendin.gov >; Larry Magliozzi <LMAGLIOZ @co.st joseph.in.us >; Eugene Eyster <eeyster @southbendin.gov> Subject: Alley Vacation - City of South Bend Please provide your recommendations. ,� • .� Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 - 235 -3168 Ihorvath @southbendin.gov tiniiTrl��._ <;-.,. 1865 Elizabeth Horvath From Eugene Eyster Sent: Wednesday, March 02, 2016 11 :41 AM To: Elizabeth Horvath; Pete Kaminski; Michael Bronstetter, Patrick C. Kerr, Chris Dressel; Federico Rodriguez; Larry Magliozzi Subject: RE: Alley Vacation - City of South Bend Ms. Horvath, The Police Department would have no objection to the approval of this request. Lt. E. Eyster From Elizabeth Horvath Sent: Wednesday, March 02, 2016 11:14 AM To: Pete Kaminski <pkaminsk @southbendin.gov >; Michael Bronstetter <mbronste @southbendin.gov >; Patrick C. Kerr <pckerr @southbendin.gov >; Chris Dressel <cdressel @southbendin.gov >; Federico Rodriguez <frodrigu @southbendin.gov >; Larry Magliozzi <LMAGLIOZ @co.st joseph.in.us >; Eugene Eyster <eeyster@southbend in.gov> Subject: Alley Vacation - City of South Bend Please provide your recommendations. LVkV ffo"ativ Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 -235 -3168 Ihorvath @southbendin.gov ;YynUT_H $� Elizabeth Horvath From: Michael Bronstetter Sent: Wednesday, March 02, 2016 3:09 ,PM To: Elizabeth Horvath Subject: RE: Alley Vacation - City of South Bend Attachments: Alley Vacation - City of South Bend - signed.pdf This will not hinder trash collection. Please see attached. Thanks, Mike Bronstetter Manager of Solid Waste Operations = (574) 235 -5795 mbronste @southbendin.�ov City of South Bend 3113 Riverside Dr. South Bend, IN 46625 We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment From: Elizabeth Horvath Sent: Wednesday, March 02, 201611:14 AM To: Pete Kaminski, Michael Bronstetter; Patrick C. Kerr; Chris Dressel; Federico Rodriguez; Larry Magliozzi; Eugene Eyster Subject: Alley Vacation - City of South Bend Please provide your recommendations. Lfi V ffo"atk Secretary . Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574- 235 -3168 Iholvath @southbendin.gov TH ,\ /'o� v y. 'r 1• INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3 /2/2016 TO: Pete Kaminski, Street Department Mike Bronstetter, Solid Waste Corbitt Kerr, Engineering Department Chris Dressel, Community Investment Federico Rodriguez, Fire Department Larry Magliozzi, Area Plan Commission (lmaolioz@co.st- ioseph.in.us or 235 -9813 fax) Gene Eyster, Police Department Phil Griffin, NIPSCO ((pm-griffin(a)nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION — ALLEY VACATION APPLICANT: City of South Bend — Dave Relos First N/S Alley from Sample St. to Garst between Franklin LOCATION: St. and Lafayette Blvd. and First EM Alley from Franklin St. to Lafayette Blvd. between Sample St. and Garst. DATE DUE: March 15, 2016 FAX OR E -MAIL TO: 235 -9171 / Imartin(cb-southbendin.aov PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 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 - .veuld /would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation weld/would not hinder the public's access to a church, school or other public building or place. 4. The vacation %,could /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. COMMENTS: By Matthew Chappuies, Planner Date 3/11/2016 Area Plan Commission Elizabeth Horvath From: Patrick C. Kerr Sent: Thursday, March 31, 20161:53 PM To: Elizabeth Horvath Subject: RE: Second Attempt - Alley Vacation - City of SB /Dave Relos No Objection. From: Elizabeth Horvath Sent: Wednesday, March 23, 201610:21 AM To: Patrick C. Kerr <pckerr @southbendin.gov> Subject: Second Attempt - Alley Vacation - City of SB /Dave Relos Corbitt — I am hoping to get this on the next agenda. Please provide your recommendations. L' fforvadv Secretary Department of Public Works 227 W. Jefferson Blvd.,Suite 1316 South Bend, IN 46601 574 -235 -3168 lhorvath@soLdhbendin.gov i x a t:S i .'Y n GARST O N Q O� Q m h Ly Doses _ T ' -0 182.01 0185 . = 0285.ol 0188.0! 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