8611-95 Vacate - First East West Alley North of Oak Street

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ORDINANCE NO. 0 6 / / - 15- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. COTTAGE GROVE STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. COTTAGE GROVE STREET FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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: FIRST EAST-WEST ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT-OF-WAY LINE OF N. COTTAGE GROVE ST. TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET 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: 418 North Cottage Grove Avenue 420 North Cottage Grove Avenue SECTION IV. The purpose of the vacation of real property is to: 1. Provide safety for all occupants residing in the apartment building located at 420 N. Cottage Grove Avenue. There have been numerous police documented incidents in the alley including an attempted rape of a former resident of Apartment #1.