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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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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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• <br /> It is the understanding of the appraiser that the property has been or is <br /> intended to be petitioned for vacation under and pursuant to the appropriate <br /> City Ordinance, and it is presumed that the petitioner is Memorial <br /> Health Properties, Inc. , an Indiana Corporation or a related entity. It <br /> has been indicated to this appraiser that the purpose of this vacation <br /> petition is to enlarge the present property holdings of Memorial Health <br /> Properties, Inc. , and to terminate the rights of public access over and <br /> across the real estate proposed for vacation. <br /> Schedule A, attached hereto and made a part hereof by this reference, <br /> indicates the owners of record and legal descriptions of the various <br /> parcels affected by this proposed vacation according to their tax key <br /> identification number and as found in the records of the Office of the <br /> Assessor, Portage Township, St. Joseph County, Indiana. Exhibit A, <br /> attached hereto and made a part hereof by this reference graphically <br /> illustrates the subject of this appraisal. Exhibit A also graphically <br /> illustrates the lot subdivision and owners of the several parcels <br /> contiguous to the subject of this appraisal. <br /> As illustrated in Exhibit A and as shown in the attached photographs, there <br /> appears to be no adverse effect on the adjacent parcels with regard to <br /> public access and ingress and egress to the individual parcels from that <br /> portion of the alley extending westerly from St. Joseph's Street as <br /> properties lying to the north and the south and adjacent to this alleyway <br /> are owned by the petitioner. There further appears to be no adverse impact <br /> on properties lying adjacent to and east and west of the north/south <br /> alleyway as, in this instance as well, the adjacent property is owned by <br /> Memorial Health Properties, Inc. , the presumed petitioner. At present, no <br /> public access other than street frontage access is provided to any property <br /> in that block bounded by Michigan Street at the west, Navarre Street at the <br /> north, St. Joseph's Street at the east and Marion Street at the south which <br /> may be owned by parties other than Memorial Health Properties, Inc. <br /> The appraisal issue raised here is that of establishing the Fair Market Value <br /> of a parcel of property which, standing alone, is apparently enjoying its <br /> highest and best use as a public access alleyway. It is proposed however <br /> that this public access be eliminated by vacation and that the remaining <br /> rights be vested in an entity other than the public domain. The issues of <br /> marketability and conveyability are beyond the scope of this appraisal <br /> assignment and accordingly, this appraisal disregards the issues of title <br /> and the requisite means of conveyance and instead relies upon the assumption <br /> of the ultimate conveyability of the marketable fee simple interest. <br /> The establishment of the Fair Market Value thereof depends not only on its <br /> present use, but upon available, reasonable and acceptable alternative uses <br /> permitted under the local building and zoning codes. Presently, these <br /> parcels, of and by themselves, are unusable for any alternative use <br /> involving the construction, erection or maintenance of any structure, the <br /> storage of materials or any use not related to the existing adjacent <br /> surrounding zoning an land uses. <br /> Accordingly, it is the opinion of this appraiser that the next highest and <br /> best use assignable to the subject property as an alternative reuse thereof <br /> is as a parking area, drive, or, in contemplation of the adjoining thereof <br /> with the adjacent property, as a building site. <br />
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