8576-95 Vacate - 5 Feet off the south Right of Way of East Washington St

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ORDINANCE NO. 57 .— AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY- 5 FEET OFF THE SOUTH RIGHT-OF-WAY OF EAST WASHINGTON STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH ST. JOSEPH STREET FOR A DISTANCE OF APPROXIMATELY 333.01 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 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: A part of Washington Street as shown on the original plat of the town (now City) of South Bend which is recorded in Plat Book 1, Page 2 and as shown on the Plat of River Bend Addition to the City of South Bend which is recorded in Plat Book 31, Page "R", St. Joseph County, Indiana, said part of Washington Street being more particularly described as follows: Beginning at the Northwest corner of Lot 46 of the original plat of the town (now City) of South Bend; Thence north 00 degrees 11'40"west, along the east line of Michigan Street, a distance of 5.00 feet; Thence north 89 degrees 47' 23" east a distance of 332.99 feet to the west line of St. Joseph Street; Thence south 00 degrees 24' 52" east, along the west line of St. Joseph Street, a distance of 5.00 feet tot he northeast corner of Lot 5 of River Bend Addition to the City of South Bend; Thence South 89 degrees 47' 23"west a distance of 333.01 feet to the point of beginning; Containing 0.038 acres, more or less. 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 17, 18, 25, 26, 44, 45 &46; original plat of South Bend Also Lot 5, River Bend Addition Also Block 3 &4, River Bend Addition to City of South Bend Also Tract A; River Bend Addition to City of South Bend SECTION IV. The purpose of the vacation of the real property is to: Best utilization of Hall of Fame Site SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and annroval by the Mayor