Vacate - Portion of West Wayne St right of way from lot #288 of the orginal Plat of South Bend

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SUBSTITUTE ORDINANCE ORDINANCE NO.79 7/f'? 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: The North 11. 00 feet of West Wayne Street right-of-way that is abutting the East 73 . 00 feet of Lot #288 of the Original Plat of South Bend excepting therefrom a rectangular portion 6. 02 feet North-South by 14. 00 feet East-West at the Southeast corner of said 11.00 feet strip. hereby determines that it is desirable to vacate said property and same is hereby vacated subject to the reverter 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: S. 1/2 lot 288 O.P. South Bend (Commonly known as 235 S. Michigan Street) SECTION IV. The purpose of the vacation of the real property is to: Allow for the construction of a "greenhouse" type seating area for adjacent restaurant SECTION V. In the event that the vacated property ceases to be used as a "greenhouse" seating area for an adjacent restaurant, this vacation shall be void and the property shall revert to public right-of-way status. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council and a proval by the Mayor.