10112-11 Vacate - East/West Alle Cedar Street

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ORDINANCE NO. 0(,�� AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West alley North of Cedar Street, from Niles Avenue East, 172 feet East/West to the vacated North/South Alley. 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 I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West alley North of Cedar Street, from Niles Avenue East to the vacated North/South alley (Vacation Ordinance #9521-04) for a distance of 172 feet and a width of 14 feet, being a part of Cottrell's Addition and also a part of the Original Town of Lowell (now City of South Bend) in the City of South Bend, St. Joseph County, 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 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 individuaf utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Memorial Hospital of South Bend, Inc. (Key No. 018-5008-0195 & 018-5023-0804) Section IV. The purpose of the vacation of the real property is to make better use of the property currently separated by said alley in preparation of a subdivision which shall incorporate it. Document2