Vacate - First east west alley south of W VanBuren St from the west right of way line of N Cottage Grove Ave

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• t 7 f • ORDINANCE NO. &.992 G,-901 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first east-west alley south of W. Van Buren St. from the west right-of-way line of N. Cottage Grove Ave. to the east right-of-way line of the first intersecting north-south alley west of N. Cottage Grove Ave. for a distance of approximately 128 feet and a width of approximately 14 feet. The part situated between lots #87 and #88 in the Cushing and Lindsey subdivision 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 east-west alley south of W. Van Buren St. from the west right-of-way line of N. Cottage Grove Ave. to the east right-of-way line of the first intersecting north-south alley west of N. Cottage Grove Ave. for a distance of approximately 128 feet and a width of approximately 14 feet. The part situated between lots #87 and #88 in the Cushing and Lindsey subdivision 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: Lots #87 & #88 in the recorded plat of Cushing and Lindsey Addition to the City of South Bend. SECTION IV. The purpose of the vacation of the real property is to: The purpose of the vacation is to protect my historic landmark home at 729 Cottage Grove (lot #88) and my property at 723-725 Cottage Grove (lot #87). 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.