Vacate - first east west alley south of W Oak St from the east right of way line of N Cushing St

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ORDINANCE NO._--s) 3 //-9.2. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. Oak Street for a distance of approximately 193.25 feet and a width of approximately 20.06 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. NOWT, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH REND, INDIANA, as follows: SECTION I . The Common Council of the Ci.ly of South Bend having heIdd a public hearing on the petition to vacate the following property : The alleys to be vacated are described as the first east-west alley south of W. Oak Street form the east right-of-way line of N. Cushing Street to the northwesterly right-of-way line of N. Chapin Street; and the first north-south alley east of N. Cushing Street from the south right-of way • line of W. Oak Street to the north right-of-way line of the first east-west alley south of W. oak Street for a distance of approximately 193.25 feet and a width of approximately 20.06 feet. Parts situated in Kunstman's Addition, Neintzman's Addition, and Keefer's Subdivision of Bank Outlots 29 & 30, 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 properly may be injuriously or aTfected by such vacating: LV I# 1028-1271, LOT# 1028-1270, LOT# 1026-1117, LOT# 1028-1268, LOT# 1028-127101, LOT# 1028-1269, LOT# 1026-1116, LOT# 1029-1296 SECTION IV. The purpose of the vacation Of the real property is to: INCREASE SECURITY AND .ELIMINATE PROPERTY ACCESS AS A SITE TO DUMP TRASH AND OTHER ARTICLES OF RUFUSE. 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.