9437-03 Vacation - Easement Washington St., Michigan Street, St. Joseph St.,

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ORDINANCE NO. ~ ~ J ~ ~ ~3 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT Purseant 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 PUBLIC INGRESS/EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST/WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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: LOT "A" OF THE PLAT OF "HALL OF FAME REPEAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA." LOTS #38 & #43 OF THE ORIGINAL PLAT OF THE TOWN, (NOW CITY) OF SOUTH BEND"