9831-08 Vacation - Alley - Broadway St , Franklin St. - Samuel L. Stull's

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ORDINANCE NO. ` ~ ~ ~ ~ " AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2r1D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 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 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 ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2r1D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. 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 222. The following properties may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8021-0849 Tax Key Number 18-8006-0283 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0286