Vacate - Alley St Joseph Street West Western Ave

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ORDINANCE NO. 7 5 —9� AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the first north-south alley west of St. Joseph Street from the south right-of-way of West Western Avenue to the north right-of-way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and with of 14 feet. Part located Martin's Addition in the City of South Bend,Indiana. STATEMENT OF PURPOSE AND INTENT The propose of this vacation is to restrict access the alley to only authorized persons who would use the six(6) secured,interior parking spaces in the Court Building. The intent of this vacation is to provide and additional"Clear Zone"around the United States Bankruptcy Court Building, located at 401 South Michigan Street, South Bend,Indiana which is located east of the referenced alley. 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 Ordinance vacates the above described public property. NOW THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, as fellows. 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 described as the first north-south alley west of St. Joseph Street from the south right-of-way of West Western Avenue to the north right-of-way of the first east-west alley south of West Western Avenue for a distance of approximately 198 feet in length and with of 14 feet. Part located Martin's Addition in the City of South Bend,Indiana,hereby determines that 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 properties may be injuriously or beneficially affected by such vacating: Tax Key Property Owner of Record 18-3016-0585.01 City of South Bend,Department of Redevelopment 18-3016-0586.01 1200 County City Building South Bend,Indiana 46601 18-3016-0587.02 1st. Source Bank as Trustee of Land PO Box 1575 South Bend,Indiana 46634 18-3016-0593 Western Avenue Properties,LLC 18-3016-0594 422 East Monroe Street 18-3016-5095 South Bend,Indiana 46601 18-3016-5096 18-3016-3097 18-3016-3098 SECTION IV The purpose of the vacation of the real property is to: Restrict access the alley to only authorized persons who would use the six(6)secured,interior parking spaces in the Court Building. In addition the vacation will provide a "Clear Zone"around the United States Bankruptcy Court Building,located at 401 South Michigan Street, South Bend,Indiana which is located east