Vacate - first East-West Alley South of Huron St running East from Koscieszko St to the first North South intersecting alley

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ORDINANCE NO. `7 7s--A -R 7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East-West Alley South of Huron Street running East from Kosciuszko Street to the first North-South intersecting alley for a distance of 128.6 feet between lots 22 and 23 of J M Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St Joseph County, 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 Huron Street running East from Kosciuszko Street to the first North-South intersecting alley for a distance of 128.6 feet between lots 22 and 23 of J M Studebaker Sub of Lot 1 - Harper & Ruckmans survey to the City of South Bend, St. Joseph County, 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, 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: The properties adjacent to this alley will not be injuriously af- fected by the vacation. They will, however, be beneficially af- fected. The home on the south side of the alley is only 18 inches from the alley and this will give more space. There has also been trouble with people speeding through this alley and around the corner into the north-south intersecting alley which is posing a threat to both adjoining properties and the buildings and vehicles on these properties. It also poses a threat to other vehicles using these alleys and children playing nearby. SECTION IV. The purpose of the vacation of the real property is to: The purpose of the vacation is to stop people who do not live around here from speeding through the alley and endangering the lives and property of the people who do. The cars go speeding through the alley so fast that they cannot make the corner at the end of the alley and go flying out into the property across the north-south alley and then while trying to regain control of their cars they have come close to crashing into the cars and garages nearby. If anyone were going down the north-south alley there would be a bad accident. It also endangers the lives of the children who live and play near the alley.