9517-04 Vacation - Street - Angela, Notre Dame Ave, Eddy St

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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREET/ALLEYS) TO THE COMMON COUNCIL DATE: June 29, 2004 OF THE CITY OF SOUTH BEND, INDIANA THE UNDERSIGNED PROPERTY OWNER PETITIONS YOU TO VACATE THE FOLLOWING ALLEYS AND STREETS: THE FIRST STREET TO BE VACATED IS THE SOUTH HALF OF THE ANGELA BLVD. RIGHT OF WAY FROM NOTRE DAME AVENUE, EAST FOR A DISTANCE OF 930 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF EDDY STREET AND A WIDTH OF 40 FEET. BECAUSE THE CITY LIMIT LINE GOES DOWN THE CENTERLINE OF ANGELA BLVD THE VACATION WILL BE FOR THE SOUTH HALF OF THE RIGHT OF WAY ONLY. THE SECOND STREET TO BE VACATED IS THE WEST HALF OF THE EDDY STREET RIGHT OF WAY FROM ANGELA BLVD. SOUTH A DISTANCE OF 380 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF ANGELA BLVD. EXTENDED FROM NOTRE DAME AVENUE AND A WIDTH OF 35 FEET. AGAIN BECAUSE THE CITY LIMIT LINE GOES DOWN THE CENTERLINE OF EDDY STREET, THE VACATION WILL BE FOR THE WEST HALF OF THE RIGHT OF WAY ONLY. 1. Construction of New Road. Petitioner agrees to pay the engineering expense and all construction expense for construction of a new road ("New Road") to be constructed between Notre Dame Avenue and Ivy Road as depicted on Exhibit "A" attached hereto and Petitioner shall dedicate the New Road and land required for its construction to St. Joseph County prior to the effective date of the vacation requested in this Petition. 2. Reasons for the Petition. The undersigned submits this Petition to Vacate the streets described above in order to facilitate the development of Petitioner's campus plan, to improve traffic safety by eliminating the S-curve between Notre Dame Avenue and Eddy Street, to facilitate the re-alignment of Edison Road and to enhance the possibility of developing improvements along Eddy Street as a potential mixed-use commerciaUresidential district. The undersigned Petitioner requests approval of this Petition.