Vacate - First north south aley west of S Magnolia from the south right of way line of an alley running along the Penn Central Railroad

Home Browse Search

ORDINANCE NO. 067.31/4-- 57A AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first north-south alley west of S. Magnolia from the south right-of-way line of an alley running along the Penn Central Railroad and between S. Magnolia Street and S. Nash Street, and the north right-of-way line of the first east-west alley south of the Penn Central Railroad for a distance of approximately 379.85 feet and a width of approximately 16 feet. Part situated in Oliver's Second Addition in 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 following describes an alley that is adjacent to and along the westerly line of properties commonly known as 1505, 1509, and 1525 S. Magnolia. The alley to be vacated is described as the first north-south alley west of S. Magnolia from the south right-of-way line of an alley running along the Penn Central Railroad and between S. Magnolia Street and S. Nash Street, and the north right-of-way line of the first east-west alley south of the Penn. Central Railroad for a distance of approximately 379.85 feet and a width of approximately 16 feet. Part situated in Oliver's Second Addition in 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: 1. George Swiatowy Lots 298,299 Magnolia St. 52750 US 33 North South Bend, IN 46637 2. Clarence A. & Grace V. Smith Lot 300 Magnolia St. 65219 US 31 Lakeville, IN 46536 3. Thomas J. & Diana L. Lykowski Lots 301,302 Magnolia St. 53266 Bonvale Dr. South Bend, IN 46635 4. Rose Irene & John J. Nemeth Lots 303,304,305,306 Magnolia St. 1525 Magnolia St. South Bend, In 46613