Article 5 Chapter 18 Procedures for Vacation of Public Ways and Public Places

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(2) Two (2) sets of certified, stamped, and addressed envelopes to each owner whose property abuts-the proposed-vacated-property is within fifty feet (50' ) of the exterior boundaries of such property proposed to be vacated. (3) A brief statement as to the reason(s) for the vacation petition and the proposed use of the vacated property, a legal description of the property proposed to be vacated, and the names and addresses of all owners whose property abuts-the-proposed-vacated-property. is within fifty feet (50') of the exterior boundaries of such property proposed to be vacated. (c) If the proposed vacation is for property whose area exceeds 3,200 square feet, the petitioner must additionally provide the following: (1) One (1) written appraisal, paid for by the petitioner, which has been prepared by a neutral real estate appraiser licensed to practice in the State of Indiana. Said appraisal must be dated within ninety (90) days of filing the petition for vacation, must list the property's fair market value of its fee simple interest, and must include its square footage total. (2) A certified check made payable to the City of South Bend equal to the appraised fair market value for said property. Sec. 18-53.9. Notice of petition. (a) The City Clerk shall refer a copy of the petition for vacation to the Engineering Department for a review of any utilities in the area and the preparation of a drawing. (b) The City Clerk shall simultaneously refer a copy of the petition for vacation to the Board of Public Works for their written review and recommendation. (c) The City Clerk shall give notice of the petition and of the time and place of the public hearing as provided by State law. (Ord. No. 6976-81, 1) Sec. 18-53.10. Public hearing. (a) Within thirty (30) days of the filing of a petition for vacation with the City Clerk, the Common Council shall hold a public hearing on said petition. The Council shall consider and review all reports received from the Engineering Department and the Board of Public Works, and shall hear remonstrances based on grounds set forth in I.C. 36-7-3. 13. (b) The Common Council shall pass an Ordinance if it determines that the petition for vacation should be approved following the public hearing. (c) The City Clerk shall record, in the St. Joseph County's Recorder's Office, a certified copy of the Ordinance approving the petition for vacation. (d) The City Clerk shall then notify the Board of Public Works, the Staff of the Area Plan Commission,