35-17 Vacation- E/W Alley from Park Ave to N/S Alley Between Manitou & Riverside

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BILL NO. 35-17 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST/WEST ALLEY FROM PARK AVENUE TO FIRST NORTH/SOUTH ALLEY BETWEEN MANITOU AND RIVERSIDE 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. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: EAST/WEST ALLEY FROM PARK AVENUE TO FIRST NORTH/SOUTH ALLEY BETWEEN MANITOU AND RIVERSIDE hereby determines that it is desirable to vacate said property. SECTION lI. 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: BAYS, TIMOTHY AND TERRI L., LOT 66 CHAPIN PLACE Section IV. The purpose of the vacation of the real property is that cars drive too close to the north fagade of my house, especially in the winter, causing a safety hazard. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council