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10036-10 Vacation- Alley to be vacated first NS alley West of Main St. & So of Colfax Ave
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10036-10 Vacation- Alley to be vacated first NS alley West of Main St. & So of Colfax Ave
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Last modified
12/22/2010 3:18:23 PM
Creation date
10/8/2010 4:01:00 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
9/13/2010
Ord-Res Number
10036-10
Bill Number
48-10
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Parking Lot (parcel number 018100$0314) and to the immediate east of <br />Saigon Market (parcel number 01$10080313). <br />B. The Alley is abandoned for the purposes of through vehicular traffic and is <br />currently used by Fiddler's Hearth for a sidewalk cafe structure, and by <br />Madison Oyster Bar for storage of a dumpster, and by Fiddler's Hearth, <br />Madison Oyster Bar and Saigon Markey for ingress/egress and <br />deliveries/services. <br />C. Madison Oyster Bar currently owns two HVAC units and a satellite dish that <br />encroach on the Fiddler's Hearth rooftop and has enjoyed rights of access for <br />periodic maintenance, and needs continuing rights of access for maintenance <br />and eventual replacement. <br />D. The parties seek to resolve all remaining disputes among them in order to <br />carry on mutually agreeable business practices and to contribute to an <br />agreeable downtown environment. <br />CLAUSES <br />1. The parties agree to the vacation of the Alley as described above, and as <br />shown in the diagram attached as incorporated as Exhibit A. The dotted Iine <br />shows the division of the vacation, with ownership going to each adjacent <br />land owner to the midpoint of the alley, as it runs north to south. <br />2. The parties consent to the vacation described above, and agree to complete all <br />necessary documents to be submitted to the City of South Bend, or any other <br />municipality, in order to obtain the vacation of the subject Alley. <br />
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