Vacate - First North South Alley West of Sunnyside Running East from Wayne St

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ORDINANCE NO. 77,5%-g7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY WEST OF SUNNYSIDE, RUNNING EAST FROM WAYNE STREET SOUTH TO THE INTERSECTING EAST-WEST ALLEY, FOR A DISTANCE OF 112 FEET MORE OR LESS. 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 1st North-South alley west of Sunnyside, running from Wayne Street South to the intersecting East-West alley, for a total distance of 112 feet, more or less. All being a part of Sunnymede 1st Addition within the City of South Bend, St. Joseph County, Indiana. 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: Lots Numbered 146 and 147 in Sunnymede 1st Addition SECTION IV. The purpose of the vacation of the real property is to: Protect the four young children living adjacent to the alley. 23 other children within yards are also in danger, since the alley is a heavily used thoroughfare. Additionally, both adjacent homes and grounds have been the target of thefts and vandalism. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor. if / Tembe/ of th- Commoi Council ._