HomeMy WebLinkAboutEstablish the Effective Date Vacation of Portion of Main St., Lafayette Blvd., Auten St. and Hoover St.Attest:
RESOLUTION
3539 -05
Passed by the Common Council of the City of South Bend, Indiana
November 28,
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
November 29,
20 05
City Clerk
President of Common Council
Approved and signed by me November 29, 2005
City Clerk
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.
Section II. Ordinance No. 9508 -04 shall be deemed fully effective as of January 1,
2006.
Section III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval of the Mayor.
Stephen J. LueWe, Mayor
ATTEST:
hn V orde, City Clerk
rRESENTED
NOT APPROVED
ADOPTED
Member of Common Counc
Filed In Clark's Office
50, BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -140 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 STREETAND HOOVER
STREET, NOW KNOW AS HOMER AVENUE, SOUTH OF IRELAND ROAD,
WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY
PARKWAY (U.S. 20/31 BY -PASS) PURSUANT TO ORDINANCE NO. 9508-04
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman