8569-95 Vacate First & Second east west Alleys North of E. Pennsylvania Ave & the first north south alley east of south Fellows St

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• • ORDINANCE NO. g569 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE FIRST AND SECOND EAST-WEST ALLEYS NORTH OF E. PENNSYLVANIA AVE. FROM THE EAST RIGHT-OF-WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT-OF-WAY LINE OF S. RUSH ST., EACH BEING A WIDTH OF APPROXIMATELY 16 FEET AND A LENGTH OF APPROXIMATELY 415.17 FEET. ALSO, THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH FELLOWS ST. FROM THE SOUTH RIGHT-OF-WAY LINE OF EAST WENGER ST. TO THE NORTH RIGHT-OF-WAY LINE OF EAST PENNSYLVANIA AVE., FOR A WIDTH OF APPROXI- MATELY 14 FEET AND A LENGTH OF APPROXIMATELY 384 FEET, EXCLUDING THE PORTION THAT INTERSECTS WITH THE EAST-WEST ALLEYS. PART SITUATED IN WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND. 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 FIRST AND SECOND EAST-WEST ALLEYS NORTH OF E. PENNSYLVANIA AVE. FROM THE EAST RIGHT-OF-WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT-OF-WAY LINE OF S. RUSH ST., EACH BEING A WIDTH OF APPROXIMATELY 16 FEET AND A LENGTH OF APPROXIMATELY 415.17 FEET. ALSO, THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH FELLOWS ST. FROM THE SOUTH RIGHT-OF-WAY LINE OF EAST WENGER ST. TO THE NORTH RIGHT-OF-WAY LINE OF EAST PENNSYLVANIA AVE., FOR A WIDTH OF APPROXI- MATELY 14 FEET AND A LENGTH OF APPROXIMATELY 384 FEET, EXCLUDING THE PORTION THAT INTERSECTS WITH THE EAST-WEST ALLEYS. PART SITUATED IN WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND 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 100-107, 118-121, & 132-139 Wenger's Fifth Addition SECTION IV. The purpose of the vacation of the real property is to: allow the development of affordable multi-family housing on the site 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. A