8460-94 Vacate - First east west alley north of Lincolnway West from the west right of way line of N Olive St

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(27') feet east of the west line of said lot to a point two feet (2') north of the south line of said lot and twenty-seven feet (27') east of the west line of said lot; Thence East along a line two feet (2') north of and parallel to the south line of said lot, to the east line of said lot, Thence South along said east line of lot two feet (2') to the south line of lot, Thence West along said south line of lot One Hundred twenty feet (120') to the west line of lot, Thence North along said west line of lot forty feet (40') to the northwest corner of said lot being the place of beginning. 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 vacation of these alleys shall be subject to the dedication by the petitioner of a substitute right-of-way with a sufficient turning radius to allow the alleyway to exit onto Fremont Street. SECTION IV. The following property may be injuriously or beneficially affected by such vacating: Lots Numbered 38, 39, 40, 41, 42, 43 and the North Forty-one (41') Feet of Lots Numbered 44 and 45 of the Olive Heights Addition to The City of South Bend. SECTION V. The purpose of the vacation of the real property is to permit the construction of a Hooks Drugstore and parking necessary therefor. SECTION VI. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. MEMBER OF THE C7 ON COUNCIL JHP/F/01-25-94;8:44)TMJ/C:UHP.REBODNER.OA