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Vacate - 212 feet of the first North South Alley East of Michigan running between Navarre & Marion St & first East West alley North of Marion
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Vacate - 212 feet of the first North South Alley East of Michigan running between Navarre & Marion St & first East West alley North of Marion
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Last modified
12/19/2012 11:25:18 AM
Creation date
12/19/2012 11:25:12 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/10/1988
Ord-Res Number
7922-88
Bill Number
85-88
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k.. <br /> It is customary in both law and practice that in instances where <br /> municipalities, governmental agencies, public utilities, railroads, pipe <br /> lines, and other entities either vacate, abandon or in any other fashion <br /> surrender their rights over, under, upon or across any given parcel of real <br /> property, the remainder rights to the real estate fall equally to the <br /> adjacent property owners, particularly in those instances where such <br /> municipality, government agency, railroad, utility or other entity <br /> willfully abandons their rights thereto. In this particular instance, the <br /> petitioner enjoys fee simple ownership of all properties adjacent to the <br /> subject alleyways and accordingly, it is seeking the conveyance of fee <br /> simple ownership of the entire vacated parcels. The establishment of the <br /> Fair Market Value of the subject becomes that of comparing the sale of <br /> similar properties owned by the City of South Bend and sold from time to <br /> time at public sale by and through the Board of Public Works. The effort <br /> in this appraisal is to establish a value for the entire portion of the <br /> alleyway as shown in the attached documentation which consists of a total <br /> area of 5,229 square feet. This appraiser has, since 1982, prepared <br /> diverse appraisals for property at multiple locations owned by the City of <br /> South Bend and sold through the Board of Works. Through this appraisal <br /> process the appraiser has recognized the ultimate Fair Market Value at sale <br /> for such properties, typically residential in nature and typically located <br /> in or near the center of the City, to range in price from approximately $ <br /> are single family dwelling lots from which the residential dwelling units <br /> have been removed. The remaining lots are typically unusable for building <br /> purposes but are often added to one of the adjacent parcels for use in <br /> enlarging the size and utility of those parcels. In the opinion of the <br /> appraiser, the nature, utility and adaptability of public alleyways lying <br /> within the older platted areas of the City of South Bend are similar enough <br /> in terms of location, utility and adaptability to compare with these <br /> values. <br /> Accordingly, in applying the values found consistently among properties <br /> similar to the subject, and in consideration of the commercial nature of <br /> the alleys proposed for vacation extending westerly from St. Joseph's <br /> Street and southerly from Navarre Street, it is the opinion of the <br /> appraiser that the Fair Market Value of the subject of this appraisal is <br /> $.15 per square foot for a total of $ 784.35 or, rounded, $ 785.00. <br /> This report is based upon my personal inspection of the subject property, <br /> my general experience and familiarity with similar parcels, and is made <br /> subject to the following Assumptions and Limiting Conditions: <br /> 1) No responsibility is assumed for matters which are legal in <br /> nature nor is any opinion of the quality of the title to be <br /> conveyed rendered. Title is assumed to be marketable in the fee <br /> simple absolute. The value estimate is given without regard to any <br /> question regarding boundaries, title, encumbrances, easements, <br /> encroachments or other matters which may affect title and the <br /> appraiser assumes no liability therefor. <br /> 2) All information, comments and opinions rendered by the appraiser <br /> herein regarding location, neighborhood trends, customary uses, or <br /> any other data regarding the subject property appraised herein <br /> represent the view and opinion of the appraiser formed after an <br />
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