8352-93 Vacating - first east west alley north of west Stull St from east right-of-way line of south Franklin St

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ORDINANCE NO. 83.s."02 - 93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF WEST STULL STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH FRANKLIN STREET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH FRANKLIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH-SOUTH ALLEY EAST OF S. FRANKLIN ST. FROM THE NORTH RIGHT-OF-WAY LINE OF W. STULL TO THE SOUTH RIGHT-OF-WAY LINE OF W. GARST ST. FOR A DISTANCE OF APPROXIMATELY 571.7 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. SITUATED IN SOUTH BEND CITY AND STULL' S 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. STATE 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, INAIANA, 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 rights-of-way: The first east-west alley north of West Stull St. , from the east right-of-way line of South Franklin Street to the west right-of-way line of the first north-south alley east of S. Franklin St. , for a distance of approximately 165 feet and a width of approximately 14 feet; and the first north-south alley east of S. Franklin St. from the north right-of-way line of W. Stull to the south right-of-way line of W. Garst St. for a distance of approximately 571.7 feet and a width of approximately 14 feet. Part situated in South Bend City and Stull ' s 2nd Addition to the City of South Bend, Indiana hereby determines that it is desirable to vacate said right-of-way. 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: Any property within the block bounded by Garst Street to the north, Lafayette Street to the east, Stull Street to the south and Franklin Street to the west. SECTION IV. The purpose of the vacation of the right-of-way is to allow the City of South Bend, Department of Redevelopment to replat the land surrounding the alley so that it may be sold and ultimately utilized as larger sized parcels for industrial uses. SECTION V. This ordinance shall be in full force and effect