Vacate - First second & fourth east-west alleys north of portage Ave located near forest Ave & Leland Ave

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Substitute Bill No. 79-91 Ordinance No. ea Se 7.-9„ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST,SECOND,AND FOURTH EAST-WEST ALLEYS NORTH OF PORTAGE AVENUE LOCATED NEAR FOREST AVENUE AND LELAND AVENUE FOR A TOTAL DISTANCE TO BE VACATED OF 480 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council has the legal authority to hear all petitions to vacate public ways or public places within the City,and to make the final determinations on such petitions after review and recommendation of the Board of Public Safety. This Substitute Bill reflects a compromise ageed upon by the residents of the affected area, which would vacate the following 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, second, and fourth east- west alleys north of Portage Ave., located between the west right-of-way line of N. Forest Ave. and the East right-of-way line of the first north-south alley west of Forest Ave. In addition, the third east-west alley north of Portage Ave., located between the east right-of- way line of N. Leland Ave. and the west right-of-way line of the first north-south alley west of N. Forest Ave. is to be vacated. The total distance of the alleys to be vacated is approximately 480 feet. The alleys to be vacated are in Chapin Place First Plat in 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 vacation: none known. Section IV. The purpose of the vacation of the real property is to improve public safety in the neighborhood by reducing foot and vehicular traffic through the alley ways. 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. Member of t (Common Council