Bill 14-16 Alley Vacation Lincolnway West and Cushing St.

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DUBIN" SINGER ATTORNEYS AT LAW March 7, 2016 Office of City Clerk Kareemah Fowler, City Clerk Room 455 — County -City Building South Bend, IN 46601 David Yontz 123 North Wacker Drive Suite 1600 Chicago. IL 60606 Direct: 312.801.8752 Fax: 312.801.8767 E -mail: dyontZ(�,Clubinsinver.com RE: Alley Vacation Petition for certain property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend, Indiana ( "the Property ") Dear Ms. Fowler: Please allow this to serve as a letter briefly explaining why the enclosed Petition to Vacate is being submitted. The Petition to Vacate is being sent on behalf of FD South Bend Indiana Lincoln Way and Cushing Street, LLC, an Indiana limited liability company ( "FD South Bend "). FD South Bend is a preferred developer for Family Dollar, Inc. ( "Family Dollar "), a subsidiary of Dollar Tree, Inc., a publically traded company (NASDAQ: DLTR). Family Dollar sells merchandise for the family and home in a small -box, neighborhood format. FD South Bend and Family Dollar have selected certain property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend (the "Property ") as a location for construction of an approximately 8,225 square foot building from which Family Dollar will operate (the "Project "). For your reference, a site plan depicting the proposed development is attached hereto (the "Site Plan "). As shown on the radius map accompanying this application, an alley measuring approximately 193 feet in length and 14 feet in width currently runs through the eastern portion of the Property. If the enclosed Petition to Vacate is approved, such alley will be incorporated into the Project as shown on the Site Plan. Granting the Petition to Vacate enclosed herewith will allow the Project to be developed along a major right -of- way in an area zoned for commercial use. FD South Bend respectfully submits that such development will provide citizens with convenient access to a wide variety of goods so as to meet the day -to -day convenience shopping needs of persons living in nearby residential areas, and will promote the health, safety, quality of life, comfort and general welfare of the City. The Project will bring new jobs to the community, encourage additional growth, and provide a new source of sales tax revenue. Further, the new improvements on the Property will increase its assessed valuation, thereby increasing real estate tax revenue. Based on the foregoing, FD South Bend respectfully requests that the Petition to Vacate enclosed herewith be approved. Please do not hesitate to contact me should you have any questions or comments. Thank you in advance for your time and consideration as respects this matter. Sincqely, David A. Yontz Dubin Singer, PC Attorneys for FD South Bend Filed in Clerk's Office MAR 0 9 2016 KAREEMAH FOWLER CITY CLERIC, SOUTH SEND, IN