04-09-12 Council Agenda & Packet

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&�A� ORDINANCE NO, AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2" ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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 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 FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM NOTRE DAME AVENUE WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF HOWARD STREET FROM ST. PETER STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 115 FEET AND A WIDTH OF 14 FEET. BOTH ALLEYS ARE A PART OF SORIN'S 2N° ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, 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: