8613-95 Vacate - First East West Alley North of W Delaware

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T • ORDINANCE NO. - - ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, 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 alley to be vacated is described as the first east-west alley north of W. Delaware St. from the east right-of-way line of S. Carlisle St. to the west right-of-way line of the first north-south alley east of S. Carlisle St. for width of 12 feet and a length of approximately 120 feet. Part situated in Highland Park First Addition to the City of South Bend, 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: Lots Numbered One Hundred Seventy-four (174) and One Hundred Seventy-five (175) as shown on the recorded Plat of Highland Park, an Addition to the City of South Bend. SECTION IV. The purpose of the vacation of the real property is to allow the garage that was built in the middle of the alley years ago to remain there. 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.