8532-94 Vacate - Alley to be vacated is described as the First south alley street east of S Sunnyside Ave

Home Browse Search

• ORDINANCE NO. I.t 3 Q - C) AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is described as the first north- south alley east of S . Sunnyside Avenue from the north right-of- way line of E. Belmont Avenue to the south right-of-way line of E. South Street for a distance of approximately 222 .5 feet and a width of 14 feet. Part situated in Whitcomb and Keller' s Sunnymede, Third addition to the City of South Bend, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charge 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 IT BE 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 north- south alley east of S . Sunnyside Avenue from the north right-of- way of E. Belmont Avenue to the south right-of-way line of E. South Street for a distance of approximately 222 .5 feet and a width of approximately 14 feet. Part situated in Whitcomb and Keller' s Sunnymede, Third addition to the City of South Bend, 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: All lots in Whitcomb and Keller' s Sunnymede, Third Addition to the City of South Bend. Lots numbered, 456, 457, 458, 459, 460, 559, 560, 561, 562, 563, 564, 565, 566, 575, 576, 577, 578, 579, 580, 581, 602, 603, 604, 605, 606, 607 . SECTION IV. The purpose of the vacation of the real property is to: 1) . Increase the safety of the families and their children from heavy motor vehicle traffic. 2) . Help eliminate vandalism to the property of the abutting property owners . 3) . Increase the privacy afforded to the abutting property owners . SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Coun it and approval by the Mayor. /. � _. ember of the oer on Council