9610-05 Vacation Alley - Calvert St. from Franklin, being a part of Shively's Addition

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Ordinance NO. ~ ~D ~ ~ ' ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Calvert Street from Franklin Street West to the First North/South alley for a distance of 181.5 feet And a width of 14 feet. Being a part of Shively's Addition to the City of South Bend, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 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 South of Calvert Street from Franklin Street West to the First North/South alley for a distance of 181.5 feet and a width of 14 feet. Being a part of Shively's Addition to the City of South Bend, St. Joseph County, Indiana. 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: Lot 271 and 272 SECTION IV. The purpose of the vacation of real property is because the alley is overgrown with trees and brush and is no longer used as an alley, and is currently un- maintained by anyone except myself. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor.