Vacate - first north/south alley east of Frances St running south from Cedar St for distance of approximately 102.65 feet

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ORDINANCE NO.$I?7- 1/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first (1st) north/south alley east of Frances Street, running, south from Cedar Street, for a distance of approximately 102.65 feet to the south right-of-way line of the first east-west alley south of Cedar Street, all in Hull's Subdivision. 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 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 first (1st) north/south alley east of Frances Street, running, south from Cedar Street, for a distance of approximately 102.65 feet to the south right-of-way line of the first east-west alley south of Cedar Street, all in Hull's Subdivision. 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: Lots 5 & 6 of Hull's Subdivision, of Samuel L Cottrell's first (1st) addition, now a part of the City of South Bend. SECTION IV. The purpose of the vacation of the real property is to: Provide for the construction of Phase II of the Lafayette Square Townhomes, a condominium project. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Ma or. Member of ' Common Council