10514-17 Amending Ordinance 10497-17

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ORDINANCE NO. AN ORDINANCE TO AMEND, CORRECT,AND REPLACE ORDINANCE NO. 104.97-17 TO VACATE THE FOLLOWING DESCRIBED PROPERTY: E/W alley from east right of way of Laurel Street a distance of 144 feet and width of 49.5 feet, north of Thomas Street and south of Washington Street STATEMENT OF PURPOSE AND INTENT 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. On February 13, 2017 this Council Passed Ord. No. 10497-17 to vacate an alley right of way. However, the legal description of the described property was subsequently discovered to be incomplete, describing only a portion of the property to be vacated. This ordinance amends and corrects the legal description by including the complete legal description of the alley to be vacated and it replaces Ordinance No. 10497-17 by vacating the correctly described 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: E/W alley from east right of way of Laurel Street a distance of 144 feet and width of 49.5 feet, north of Thomas Street and south of Washington Street 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 property may be injuriously or beneficially affected by such vacating: o18-3054-2091 —Northern Indiana Historical Society, o18-3054-2092 — Northern Indiana Historical Society, o18-3054-2085 —Northern Indiana Historical Society, o18- 3054-2085 — Northern Indiana Historical Society SECTION IV. The purpose of the vacation of the real property is for the Northern Indiana Historical Society, Inc.to ultimately assemble the land to move a historic building to the site and to interpret its history for the benefit of the public. SECTION V. This Ordinance supersedes and replaces Ordinance No. 10497-17.