Vacating - First East West alley North of East South St from the East Right of Way Line of S. Rush St

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• ORDINANCE NO. Ya 89- 9 a- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF EAST SOUTH STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH RUSH STREET TO THE SOUTHWEST RIGHT-OF-WAY LINE OF LINCOLNWAY EAST FOR A DISTANCE OF APPROXIMATELY 247.06 FEET AND A WIDTH OF APPROXIMATELY 12 .54 FEET. PART SITUATED IN JOHN RUSH'S FIRST ADDITION IN THE CITY OF SOUTH BEND, INDIANA. STATE 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, INAIANA, 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 rishg-of-way: The first east-west alley north of East South Street from the east right-of-way line of South Rush Street to the southwest right-of-way line of Lincolnway East for a distance of approximately 247. 06 feet and a width of approximately 12 .54 feet. Part situated in John Rush' s First Addition in the city of South Bend, Indiana hereby determines that it is desirable to vacate said right-of-way. 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: The following properties are commonly known as: 506 and 514 South Rush, 618 and 622 Lincolnway East, and 611 East South Street. SECTION IV. The purpose of the vacation of the right-of-way is to allow the City of South Bend, Department of Redevelopment to improve the block by creating a driveway and parking area for the seven (7) structures that surround the block and which are leased to the Housing Development Corporation. The structures are currently being renovated. 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. TEE:ml/ordinan Member of t1 Common Council