Vacate - First East West Alley South od Mishawaka Ave

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• j ORDINANCE NO. 7747-87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF MISHAWAKA AVENUE, RUNNING EAST FROM 20TH STREET FOR A DISTANCE OF APPROXIMATELY 127. 5 FEET IN SHANK'S 1ST ADDITION TO THE CITY OF SOUTH BEND, INDIANA 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 East-West alley South of Mishawaka Avenue, running East from 20th Street for a distance of approximately 127.5 feet in Shank' s 1st Addition to the City of South Bend, Indiana. 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 Numbered 1, 2, 3 , and 4 in Shank' s 1st Addition to the City of City of South Bend, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Permit an expansion of the existing optometrist medical facility presently located at 2002 Mishawaka Avenue, across the portion of the vacated alley onto Lots Numbered 4, 5, and 6 facing 20th Street, all said property having been recently purchased by 2002 Properties, an Indiana Partnership. While Lot No. 2 may be affected by the vacation, access to Lot No. 2 will be assured by 2002 Properties granting a perpetual easement for ingress and egress. Said vacation shall be subject to the conditions of The Board of Public Works established at its April 14, 1987 meeting, namely: ( 1) An easement for ingress and egress; and, (2) The dedication of a strip of real estate 6 ' x 20 ' off of Lot Numbered 4 to permit truck traffic to make turns in the radius area. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor.