9560-05 Vacation Street - Kaley St. - A Portion of Tucker

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ORDINANCE NO. ~ SAO - O AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first street to be vacated is Kaley Street from the North right of way of Tucker Drive to the North property line of the Olive Street Pumping Station owned by the City of South Bend for a distance of 725 feet, more or less and a width of 60 feet. The second street to be vacated is a portion of Tucker Drive from the West right of way line of Kaley Street East approximately 305 feet to the existing fence crossing the right of way. Both streets being located West of Olive Street and South of Sample Street in the 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 all petitions to vacate ways or public places within the City. The following Ordinanace 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: The first street to be vacated is Kaley Street from the North right of way of Tucker Drive to the North property line of the Olive Street Pumping Station owned by the City of South Bend for a distance of 725 feet, more or less and a width of 60 feet. The second street to be vacated is a portion of Tucker Drive from the West right of way line of Kaley Street East approximately 305 feet to the existing fence crossing the right of way. Both streets being located West of Olive Street and South of Sample Street 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 individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Municipal City of South Bend 1300 County City Building South Bend, IN 46601 Lot Numbers 2834, 2835, 2838