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Right-of-Way Vacation - 1100 Block Corby Blvd. - Five Corners, LLC
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Right-of-Way Vacation - 1100 Block Corby Blvd. - Five Corners, LLC
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2/14/2023 1:27:48 PM
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2/14/2023 1:27:38 PM
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Board of Public Works
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Vacations
Document Date
2/14/2023
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<br /> <br /> <br /> <br /> <br />ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER <br /> <br />1316 COUNTY-CITY BUILDING <br />227 W. JEFFERSON BOULEVARD <br />SOUTH BEND, INDIANA 46601-1830 <br />PHONE 574/ 235-9251 <br />FAX 574/ 235-9171 <br />CITY OF SOUTH BEND JAMES MUELLER, MAYOR <br />BOARD OF PUBLIC WORKS <br /> February 14, 2023 <br /> <br />Mr. Robert Nichols for Five Corners, LLC <br /> 814 Marietta St. <br /> South Bend, IN 46601 <br />rnichols@abonmarche.com <br /> <br />RE: Right-of-Way Vacation – 1100 Block of Corby Blvd. (Preliminary Review) <br /> <br />Dear Mr. Nichols: <br /> <br />At its February 14, 2023 meeting, the Board of Public Works reviewed comments by the Engineering <br />Division, Community Investment, Fire Department, Police Department. The following comments and <br />recommendations were submitted: <br />Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or <br />neighborhood in which it is located or to which it is contiguous. The vacation would not make access <br />to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation <br />would not hinder the public’s access to a church, school or other public building or place. The <br />vacation would not hinder the use of a public right of way by the neighborhood in which it is located <br />or to which it is contiguous. <br /> <br />Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this <br />Right-of-Way with a request to maintain the same distance from back of curb and degree of curve in road. If you <br />still wish to pursue this Right-of-Way vacation, please bring this BPW Recommendation Packet to the City Clerk’s <br />Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the <br />Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then <br />must be recorded with the Recorder’s Office to ensure that your 50% ownership of the property is appropriately <br />transferred to your name. If you have any questions about how the Right-of-Way vacation will affect your property <br />taxes, please contact the Auditor’s Office. <br /> <br /> In its Ordinance, the City of South Bend Common Council included the Board of Public Works’ <br />requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear <br />out the approach, replace with curb, and establish a tree lawn in accordance with City standards and <br />specifications. These updates should be made within ninety (90) days of final approval from the Common Council. <br />Please notify us when this work is complete. If you have any further questions, please call this office at (574) 235- <br />9251. <br /> <br />Sincerely, <br /> <br />/s/ Theresa Heffner <br /> <br />Theresa Heffner, Clerk <br /> <br /> <br />Enclosures <br />TH/lh
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