Establish the Effective Date Vacation of Portion of Main St., Lafayette Blvd., Auten St. and Hoover St.

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RESOLUTION NO. -� �3� �S5 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH THE EFFECTIVE DATE OF THE VACATION OF PUBLIC REAL PROPERTY, LOCATED ON A PORTION OF MAIN STREET, LAFAYETTE BOULEVARD, AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY (US 20/31 BY -PASS) PURSUANT TO ORDINANCE NO. 9508 -04 WHEREAS, on May 10, 2004, the South Bend Common Council passed substituted and amended Ordinance No. 9508 -04 which at Section V specifically provided the following: This ordinance shall be passed by the Common Council and be in full force and effect upon receiving a resolution being filed for Common Council consideration by the Administration which addresses the progress of the proposed construction related to the Anchor Retail project. Such resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance and cross access easement agreements as necessary to serve affected parcels (including specifically Maxi's restaurant), all of which shall be subject to the approval of the Common Council and the Mayor. WHEREAS, pursuant to Section V of Ordinance No. 9508 -04, it is necessary to establish the effective date of the vacation of that public real property described more fully in Ordinance No. 9508 -04; and WHEREAS, the City Administration has advised the South Bend Common Council that the necessary cross access easements serving the affected parcels including, but not limited to, Maxi's Restaurant, have been agreed to and that the Anchor Retail project is progressing consistent with the Project Schedule as described in the Development Agreement by and between the South Bend Redevelopment Commission and Anchor Acquisitions, Ltd. dated April 8, 2004; and WHEREAS, the South Bend Common Council has been advised further that an effective date of January 1, 2006 for vacation of the public real property described in Ordinance No. 9508- 04 is necessary in order for the project to progress on a timely basis per its construction plans and the Project Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The effective date of the vacation of the public real property described more specifically in South Bend Common Council Ordinance No. 9508 -04 shall be January 1, 2006 pursuant to the terms of Section V of that Ordinance.