Vacation- 1st E/W So. of Napier (S.B.Hertitage)

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' � ' � ORDINANCE NO. U �U�' / � ' ' � • AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST- WEST ALLEY SOUTH OF NAPIER STREET FROM THE EAST RIGHT-OF-WAY OF SOUTH CHAPIN STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FOR A DISTANCE OF APPROXIMATELY 295 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN B.O.L 71, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12 , the Common Council is charged with the authority to hear a11 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 I. The Common Council of the City of 5outh Bend having held a public hearing on the petition to vacate the following property: The first East-West alley South of Napier Street from the East right-of-way of South Chapin Street to the West right-of-way line of the first North-South alley East of South Chapin Street for a distance of approximately 295 feet and a width of 14 feet. Part located in B.O.L. 71, City of South Bend, St. Joseph Counry, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of a11 utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, 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: 18-3051-2004 S 20.1' OF S 35' OF N 1/2 NW PART OF BOL 71: (314 S. Chapin) 18-3051-2005 E 28.87 FT OF W 147.01 FT N 1/2 BOL 71: (734 W. Napier) 18-3051-2006 E 28.87 FT OF W 175.88 FT N 1/2 BOL 71: (732 W. Napier) 18-3051-2007 7 RODS E END OF 2 1.2 N 1-4 BOL 71: (730 W. Napier) 18-3051-2008 50 FT ON CHAPIN ST X 122.59 FT W SIDE S 1/2 BOL 71 18-3051-2011 W 39 FT ON WESTERN AVE MID PART W 1/2 S 1/2 BOL 71 18-3051-2012 E 39 FT OF W 208 FT EX TRI PC TO CITY FOR ST SW BOL 71: (735 W. Western) 18-3051-2013 W 37 FT OF E 94 1/2 FT W 1/2 S 1/2 BOL 71: (733 W. Western Ave.) 18-3051-2014 E 57.5 FT OF W 1/2 OF S 1/2 BOL 71 SECTION IV. The purpose of the vacation of real property is to allow for the construction planned in phase one of the Chapin Market development. The first building, which will be built across the land where the current alley lies, will house a grocery store (Sav-A-Lot) and the Chapin Street Clinic. The goal is to provide the neighborhood residents with a local grocery store and health services that are not only within walking distance of their homes but are also visible enough by its prominent location at the corner of Chapin and Western to attract custom from the drive through traffic. The Chapin Market development will have a decided positive impact on the revitalization of the inner city neighborhoods on the west side of South Bend. 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. 1st P.EADING\�.--�� ' �" � c� PUBLIC HEARIt�G 5—2,�—9� ,L CJ� 3 rd ,'-:EAD,'r��S-Z7-`��] Member of the Common Council i�'C�T AFPP.OVED REFfRRED � PA,SSED�-��.�J 7