05-23-11 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Maple Road running North and South from Prairie Avenue to the St. Joseph Valley Parkway. STATEMENI 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 part of the East half of Section 21, Township 37 North, Range 2 East and a part of the West half of Section 22, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, and described as follow: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 23) and the West line of said Section 22; thence East along the right of way line of Prairie Avenue to a point that is 30 feet East of said West line of Section 22; thence South along a fine 30 feet East of and parallel to, said West line of Section 22 to the North right of way line of the St. Joseph Valley Parkway (US 31 By- Pass); thence Northwest along said By-Pass right of way to a point that is 30 feet West of said West line of Section 22; thence North along a line parallel to and 30 feet West of said West line of Section 22 to the South line of Prairie Avenue; thence East along said right of way to the place of beginning. Containing 1.8 acres, more or less and being all of the right of way for Maple Road between Prairie Avenue and the St. Joseph Valley Parkway. hereby determines that it is desirable to vacate said property. SECTION 11. 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 111. The following property may be injuriously or beneficially affected by such vacating: Key No: 018-8152.5499; 18-8155-5574; 018-8152.5501; 018.8153-5504 & 018-8153-5507 MepleRoadVacation2011 VecationOrdinance.doc