Vacate - portion of West Wayne St right of way from lot #288 of the Original Plat

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ORDINANCE NO. MO a- 90 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A portion of West Wayne Street right-of-way from Lot #288 of the Original Plat of South Bend. 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, subject to the reverter provision set forth below. 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: That part of the West Half of the Northwest quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, being described as: Beginning at the Southwest corner of Lot #288 in the recorded plat of "Original Plat of South Bend" ; thence Easterly along the South line of said Lot and parallel with the Northerly right-of-way of Wayne Street, 55. 00 ft. for the true point of beinning; thence Southerly parallel with the Westerly right-of-way of Michigan Street, 4. 00 ft. ; thence Easterly parallel with the Northerly right-of-way line of Wayne Street, 14.00 ft. ; thence Northerly parallel with the Westerly right-of-way line of Michigan Street, 4.00 ft. to the South line of said Lot; thence Westerly along said South line 14.00 ft. to the point of beginning. Containing 0.00128 acres. hereby determines that it is desirable to vacate said property and same is hereby vacated subject to the reverter provision in Section V below. 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: Southwest corner of Lot #288 of the Original Plat of South Bend (commonly known as 111 W. Wayne Street) . SECTION IV. The purpose of the vacation of the real property is to: Allow for the construction of a "greenhouse" area for an adjacent floral shop. SECTION V. In the event that the vacated property ceases to be used as a "greenhouse" area for the adjacent floral shop, this vacation shall be void and the property shall revert to public right-of-way status.