Vacate - First north south alley east of S Clinton St from the south reigh of way

Home Browse Search

ORDINANCE NO. 8 ago-9 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The alley to be vacated is described as the first north- south alley east of S. Clinton St. from the south right-of-way line of E. South St. to the north right-of-way line of the first east-west alley south of E. South St. for a distance of approxi- mately 148. 95 feet and a width of approximately 12 . 04 feet. Part situated in the Replat of John Rush' s Second Addition in the city of South Bend, Indiana. To allow expansion of our existing commercial business located at 702 L.W.E. Includes enlarging the convenience store and adding a car wash bay. 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 alley to be vacated is described as the first north- south alley east of S. Clinton St. from the south right-of-way line of E. South St. to the north right-of-way line of the first east-west alley south of E. South St. for a distance of approxi- mately 148 . 95 feet and width of approximately 12. 04 feet. Part situated in the Replat of John Rush' 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: Lot 40 and 41 in the Replat of John Rush' s Second Addition will benefit by the granting of this ordinance. SECTION. IV. The purpose of the vacation of the real property is to: To allow expansion of our existing commercial business located at 702 L.W.E. Includes enlarging the convenience store and adding a car wash bay. 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.