8380-93 Vacate - Alley First North_South Alley East of S Emerson Ave South right-of-way line of E Chester St

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ORDINANCE NO. 8380 - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first north-south alley east of S. Emerson Ave. from the south right-of-way line of E. Chester St. to the north right- of-way of the first east-west alley south of E. Chester St., for a distance of approximately 133 feet and a width of approximately 14 feet; Part located in 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 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 east of S. Emerson Ave. from the south right-of-way line of E. Chester St. to the north right- of-way of the first east-west alley south of E. Chester St., for a distance of approximately 133 feet and a width of approximately 14 feet; Part located in 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 vacation: Lots 760 and lots 761 on the South Side of E. Chester Street. SECTION IV. The purpose of the vacation of the real property is to: Allow the alley running between lots 760 and lots 761 on the South Side of E. Chester Street to revert to the owners of these lots for their use. 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.