05-09-11 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Lincolnway West from Mayflower Road East approximately 1,400 feet 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: A tract of land in the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence North 1 degree 17 minutes 33 seconds East, 1,321.54 feet* along said West fine of said Southeast Quarter; thence North 89 degrees 42 minutes 24 seconds East, 40.00 feet* to a point on the East right of way line of Mayflower Road; thence North 1 degree 17 minutes 33 seconds West, 835.94* feet along said East right of way line to the Southeastern right of way fine of Mayflower Road; thence North 59 degrees 52 minutes 21 seconds East 91.32 feet* along said Southeastern right of way line to the Southwestern right of way line of Lincoln Way West and the place of beginning; thence South 68 degrees 07 minutes 00 seconds East, 1,251.65 feet* to the existing City limits; thence North 100 feet, more or less along said existing City Limits to the Northeast right of way line of said Lincoln Way West; thence Northwesterly along the Northeast right of way line of Lincoln Way West to a point directly Northeast, measured at right angle, to the place of beginning; thence Southwest to the place of beginning. *Bearing and Distance quoted from Deed Record 795, page 548 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.