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REGULAR MEETINGNOVEMBER 28, 2005 <br />WHEREAS, pursuant to Section V of Ordinance No. 9508-04, it is necessary to establish <br />the effective date of the vacation of that public real property described more fully in <br />Ordinance No. 9508-04; and <br />WHEREAS, the City Administration has advised the South Bend Common Council that <br />the necessary cross access easements serving the affected parcels including, but not <br />limited to, Maxi’s Restaurant, have been agreed to and that the Anchor Retail project is <br />progressing consistent with the Project Schedule as described in the Development <br />Agreement by and between the South Bend Redevelopment Commission and Anchor <br />Acquisitions, Ltd. Dated April 8, 2004; and <br />WHEREAS, the South Bend Common Council has been advised further that an effective <br />date of January 1, 2006 for vacation of the public real property described in Ordinance <br />No. 9508-04 is necessary in order for the project to progress on a timely basis per its <br />construction plans and the Project Schedule. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />SECTION I. The effective date of the vacation of the public real property described <br />more specifically in South Bend common Council Ordinance No. 9508-04 shall be <br />January 1, 2006 pursuant to the terms of Section V of that Ordinance. <br />SECTION II. Ordinance No. 9508-04 shall be deemed fully effective as of January 1, <br />2006. <br />SECTION III. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> s/Charlotte D. Pfeifer <br /> Member of the Common Council <br />s/Stephen J. Luecke, Mayor <br />ATTEST: <br />s/John Voorde, City Clerk <br />Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, <br />reported that this committee held a Public Hearing on this bill this afternoon and voted to <br />send it to the full Council with a favorable recommendation. <br />st <br />Mr. Michael Hardy, Attorney at Law, Barnes & Thornburg, 100 N. Michigan, 600 1 <br />Source Bank Center, South Bend, Indiana, made the presentation for this bill. <br />Mr. Hardy advised that on May 10, 2004, the South Bend Common Council by <br />Ordinance No. 9508-04 approved a certain vacation of real property as a part of the <br />Anchor Retail Project in the former Scottsdale mall area of South Bend. The effective <br />date of the property vacation was to be fixed at a later date by a Resolution in which the <br />City Administration was to inform the Council about “the progress of the proposed <br />construction relating to the Anchor Retail project”, and of the “cross access easement <br />agreements as necessary to serve affected parcels.” This bill will conform with <br />Ordinance No. 9508-04 and it fixes January 1, 2006 as the effective date of the property <br />vacation. At this time Anchor South Bend, LLC has acquired ownership of all the real <br />estate affected by the property vacation or it has easements/licensing agreements with <br />two property owners affected by the property vacation. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councilmember Dieter made a motion to adopt this <br />18 <br /> <br />