11222-25 Alley Vacation - Various Properties Near the Intersection of Lincolnway West, Leland Avenue, and West Marion Street

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BILL NO. 49-25 ORDINANCE NO. 11222-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS PIECES OF PROPERTY NEAR THE INTERSECTION OF LINCOLNWAY WEST, LELAND AVENUE,AND WEST MARION STREET STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in relation to the disposition of properties located at 622 Marion St., 620 W. Marion St., 618 W. Marion St.,425 Leland Ave.,421 Leland Ave.,419 Leland Ave., and 627 Lincolnway West from the Redevelopment Commission to Advantix Development Corporation for the construction of Low Income Housing Tax Credit ("LIHTC") income-based housing units. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinances vacates the above-described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Various pieces of property near the intersection of Lincolnway West, Leland Avenue, and West Marion Street,more particularly described as set forth in Exhibit A. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 627 Lincolnway West—ID 018-1055-2359 419 Leland Avenue—ID 018-1055-2358 421 Leland Ave—ID 018-1055-2357 425 Leland Ave—ID 018-1055-2356 535 Lincolnway West—ID 018-1021-0901 No Address Parcel ID 018-1021-0899 No Address Parcel ID 018-1021-0886 No Address Parcel ID 018-1021-0885 528 W Marion Street—ID 018-1021-0884 No Address Parcel ID 018-1021-0883 528 W Madison Street—ID 018-1021-0882 526 W Madison Street—ID 018 1021-088201 520 W Madison Street—ID 018-1021-0881 SECTION IV. The purpose of the vacation of the real property is in relation to the disposition of properties located at 622 Marion St., 620 W. Marion St., 618 W. Marion St., 425 Leland Ave., 421 Leland Ave., 419 Leland Ave., and 627 Lincolnway West from the Redevelopment Commission to Advantix Development Corporation for the construction of Low- Income Housing Tax Credit("LIHTC") income-based housing units. 1