Vacate - An alley running East and West from Leland Ave to Forest Ave

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ORDINANCE NO. 7, '79-R'? AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN ALLEY RUNNING EAST AND WEST FROM LELAND AVENUE TO FOREST AVENUE IN THE PLATS OF CHAPIN PLACE BY EDWARD P. CHAPIN AND SHETTERLY PLACE 1ST. 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 east-west alley south of Riverside Street, running east from Leland Avenue to Forest Avenue between Lots 37 and 38 of Chapin Place by Edward P. Chapin and Lots 16 and 17 of Shetterly Place 1st excepting the 16 foot north/south alley intersection. 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: Lots 37 and 38 of Chapin Place by Edward P. Chapin, and Lots 16 and 17 of Shetterly Place 1st. SECTION IV. The purpose of the vacation of the real property is to: 1. Augment the abutting properties and will place same on the tax rolls. 2. Will eliminate an unnecessary and dangerous access and increase safety of the children of adjacent property owners. 3 . It will eliminate the present unsightly condition. 4. Reduce maintenance cost paid by the City of South Bend. SECTION V. This ordinance shall be subject to the condition that the petitioner grant ingress and egress to the garage on Lot numbered sixteen (16) so long as said garage exists. SECTION VI. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. Me per o the Common Council