8543-94 Vacating West Old Cleveland Rd from the Right of Way line of North Mayflower Rd

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ORDINANCE NO. - \ �V I`i AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING WEST OLD CLEVELAND ROAD, FROM THE WEST RIGHT-OF-WAY LINE OF NORTH MAYFLOWER ROAD, EAST FOR A DISTANCE OF APPROXIMATELY 2631 . 17 FEET AND A WIDTH OF APPROXIMATELY 40 FEET, TO THE EAST LINE OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST STATEMENT OF PURPOSE AND INTENT Pursuant to I .C. 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 of South Bend. The City of South Bend, Indiana, and St . Joseph County Airport Authority, owners of the certain property have petitioned the Common Council to vacate a certain public rights-of-way which that property abuts . This Ordinance vacates the below-described public right-of-way as petitioned. 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, Indiana having held a public hearing on the petition of the City of South Bend, Indiana, Department of Redevelopment, to vacate the following described right-of-way in South Bend, St . Joseph County, Indiana: West Old Cleveland Road, from the West right-of-way line of North Mayflower Road, east for a distance of approximately 2631 . 17 feet and a width of approximately 40 feet, to the east line of Section 20, Township 38 North, Range 2 East hereby determines that it is desirable and in the best interests of the City to vacate said public right-of-way and does hereby vacate said public right-of-way. Section II . The City of South Bend, Indiana hereby reserves the rights and easements of all utilities and of the Municipal City of South Bend, Indiana to construct and maintain any facilities, including the following: gas, water, and sewer within the vacated right-of-way, unless and to the extent such rights are released by the individual utilities . Section III . The following property, owned by the indicated parties, may be beneficially affected by such vacation: Name & Address Legal Description St . Joseph County Airport Authority District 4535 Lincolnway West South Bend, IN 46628 W 120 AC SE 1/4 SEC 20 38 2E EX 5 . 837 AC TR NW COR & EX 3 . 828 AC TR 80' WIDE THRU N PT E TO W & EX 15 . 944 AC TR S OF & ADJ TO TOLL RD 94 .391 AC TOTAL. KEY NO. 25-1018-0628 W 1/2 NE SEC 29-38-2E 80 AC.