Vacate - Second North South Alley East of South Eddy St, from North Right of Way Line East Sunnymede St

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• ORDINANCE NO. 2-k55-- ✓ /KJ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE SECOND NORTH-SOUTH ALLEY EAST OF SOUTH EDDY STREET, FROM THE NORTH RIGHT-OF-WAY LINE OF EAST SUNNYMEDE STREET TO THE SOUTH LINE OF THE FIRST EAST-WEST ALLEY NORTH OF SUNNYMEDE STREET FOR A DISTANCE OF APPROXIMATELY 111 FEET AND A WIDTH OF 14 FEET. PART SITUATED IN WHITCOMB AND KELLER'S SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, SAINT 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 second North-South Alley East of South Eddy Street, from the North Right-of-Way Line of East Sunnymede Street to the South Line of the First East-West alley North of Sunnymede Street for a distance of approximately 111 feet and a width of 14 feet. Part situated in Whitcomb and Keller's Sunnymede Addition to the City of South Bend, Saint Joseph County, Indiana hereby determines that it is desirable to vacate said property, subject to an Access Agreement being signed by the adjoining property owners and it being recorded in the St. Joseph County Recorder's Office, with a copy of such agreement being filed with the City Clerk. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal Code 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 #254 and Lot #255 SECTION IV. The purpose of the vacation of the real property is to: Increase the security and safety of children, and enhance the aesthetics of the surrounding properties.