Vacate - Washington Street West of Niles Ave extended and East of the East Race

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ORDINANCE NO. 7C1-7 8- g I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: WASHINGTON STREET WEST OF NILES AVENUE EXTENDED AND EAST OF THE EAST RACE. 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 PORTION OF WASHINGTON STREET WEST OF NILES AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 48 OF THE ORIGINAL TOWN OF LOWELL THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 48 WHICH IS ALSO THE NORTH RIGHT-OF-WAY LINE OF' WASHINGTON STREET A DISTANCE OF 132 FEET TO A POINT; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WAHSINGTON STREET WHICH POINT IS 70 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE EAST 70 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE; THENCE NORTH 82 .5 FEET MORE OR LESS ALONG THE WEST RIGHT-OF-WAY LINE OF NILES AVENUE EXTENDED TO THE PLACE OF BEGINNING, CONTAINING APPROXIMATELY8,332 SQUARE FEET (SEE EXHIBIT A) . 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 48 18-5010-027901 18-5001 "C" Pt. 157 SECTION IV. The purpose of the vacation of the real property is to: Permit development of access area for proposed office building. 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. /, 4441