Vacate - first east west alley south of Lincoln Way West from the west right of way line of N. Walnut

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• ORDINANCE NO. a ,9/17-7 ai AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF LINCOLN WAY WEST FROM THE WEST RIGHT-OF-WAY LINE OF N. WALNUT TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST INTERSECTING NORTH-SOUTH ALLEY WEST OF N. WALNUT; AND THE FIRST NORTH-SOUTH ALLEY WEST OF WEST OF N. WALNUT FROM THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST TO THE NORTH RIGHT-OF-WAY LINE OF THE FIRST INTERSECTION EAST-WEST ALLEY SOUTH OF LINCOLN WAY WEST. 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 alleys to be vacated are described as the first east-west alley south of Lincoln Way West from the West right-of-way line of N. Walnut St. , to the east right-of-way line of the first intersecting north-south alley west of N. Walnut St. , for a distance of approximately 120 feet and a width of approximately 12 feet; and the first north-south alley west of N. Walnut St. , from the south right-of-way line of Lincoln Way West to the north right-of-way line of the first intersecting east-west alley south of Lincoln Way West for a distance of approximately 120 feet and a width of approximately 12 feet; Parts situated in Orchard heights First and Second Additions 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 1, 2, 3 45 and 59 of Orchard Heights First & Second SECTION IV. The purpose of the vacation of the real property is to: Provide for parking space for the members and guests of the Elizabeth Memorial Church of God in Christ, 1246 Lincoln Way West in South Bend, IN. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor.