Vacate - portion of an East_West Alley South of Mishawaka Ave running East from 20th St of 21st St

Home Browse Search

z = v r Substitute Bill No. 72-90 Ordinance No. g/ 61-4 I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO VACATE A PORTION OF AN EAST-WEST ALLEY SOUTH OF MISHAWAKA AVENUE RUNNING EAST FROM 20TH STREET TO 21ST STREET IN DUNN'S 1ST ADDITION WITHIN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STATEMENT 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 South Bend Municipal Code also addresses specific procedures for the vacation of public ways and public places in Section 18-53.8 through 18-53.10. The following Ordinance vacates the following described 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: An East-West alley South of Mishawaka Avenue running East from 20th Street to 21st Street bordered by lots 5 and 43 on the North and lots 13 and 42 on the South excepting the North-South alley for a total combined distance of 267 feet more or less,all in Dunn's 1st Addition, the Original Plat of River Park Hammond &Whitcomb Addition and Shank's 1st Addition 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 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 properties may be injuriously or beneficially affected by such vacation: owners of lot numbers 5, 13, 42, and 43 as depicted on the map attached to the Petition. SECTION IV. The purpose of the vacation of the above described real property is to eliminate the hazard to residents living in the area caused by excessive use of the right-of-way by vehicular traffic, often at excessive speeds, and to eliminate dust, standing water, and mud, all of which are detrimental to the health of residents and injurious to the abutting nronerties_