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Vacate - First Noth?South Alley West of William St Extending North from the North Line Western Ave
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Vacate - First Noth?South Alley West of William St Extending North from the North Line Western Ave
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11/28/2012 11:10:27 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
5/9/1988
Ord-Res Number
7868-88
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Mr. Brian Sauers <br /> March 23, 1988 <br /> Page Two <br /> records of the Office of the Assessor, Portage Township, South Bend, St. <br /> Joseph County, Indiana. Exhibit A, attached hereto and made part hereof <br /> by this reference, graphically illustrates the lot subdivision and <br /> ownership of the several parcels adjacent and contiguous to the subject <br /> of this appraisal. <br /> Substantial ownership of the half block bounded by William Street at the <br /> east, Western Avenue at the south, Taylor Street at the west and a <br /> public alleyway at the north appears to be vested in GMS Realty, Inc. , <br /> and/or Gates Realty, Inc. , each presumed, but not confirmed, to be <br /> subsidiary to and controlled by the presumed petitioner for vacation. <br /> As illustrated, there appears to be no adverse effect on the adjacent <br /> parcels with regard to public access and ingress and egress to the <br /> individual parcels with the exception of lot 4 (Key number 18-3012-0422) <br /> as shown on Exhibit A and as owned of record by Edward Kurowski, et al, <br /> comprised of a single residential lot bearing frontage dimensions along <br /> William Street of 49.5 feet by a depth of 115.5 feet extending westerly <br /> from William Street to the public alleyway which is the subject of this <br /> appraisal. It appears that the vacation of this alleyway would adversely <br /> effect ingress and egress to and from lot 4 (aka 323 South William <br /> Street) which contains a single family residence presently being offered <br /> for sale. Access to lot 4 would be limited by the vacation of this <br /> alleyway in that there is no curb cut along William Street allowing for <br /> entrance to that parcel. Accordingly, it appears that lot 4, but only <br /> lot 4, would be detrimentally affected by the closure and vacation of the <br /> South 198 feet of the public alleyway running northerly from Western <br /> Avenue since access would require trespass. <br /> The appraisal issue raised here is that of establishing the Fair Market <br /> Value of a parcel of property which, standing alone, is apparently <br /> enjoying its highest and best use as a public access alleyway. It is <br /> proposed however that this public access be eliminated by vacation and <br /> that the remaining property rights be vested in an entity other than the <br /> public domain. The issues of marketability and conveyability are beyond <br /> the scope of this appraisal assignment and accordingly, this appraisal <br /> ignores the issues of title and the requisite means of conveyance and <br /> instead relies upon the assumption of the ultimate conveyability of a <br /> marketable fee simple interest. <br /> The present configuration of the alleyway provides access northerly from <br /> Western Avenue alongside a brick commercial building at the east <br /> situated on the west 49.5 feet of lots 5 and 6 and the single family <br /> residence (323 South William Street) situated on lot 4. All other lots <br /> in the half block lying to the south of the east/west alleyway extending <br /> from William Street to Taylor Street in Block 6 are vacant lots upon <br /> which all structural improvements have been razed. This alleyway <br /> provides a 14 foot right-of-way together with and including certain <br /> public utility easements extending northerly a distance 198 feet for a <br /> total of 2,772 square feet. The establishment of the Fair Market Value <br />
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