Vacate - First East West alley South of Vine

Home Browse Search

ORDINANCE NO. 7818-87 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF VINE, RUNNING FROM THIRTIETH STREET EAST TO THE INTERSECTING NORTH-SOUTH ALLEY, FOR A TOTAL DISTANCE OF 165 ' MORE OR LESS ALL BEING IN PART OF EGGLESTON'S 1ST ADDITION WITHIN 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 1st East-West Alley south of Vine Street running from Thirtieth Street East to the intersecting North-South Alley, for a total distance of 165 ' more or less. all being in part of Eggleston' s 1st addition within the City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property, subject to the petitioner dedicating additional right-of-way to the City to allow traffic to make a turn movement either to the North or to the South from the portion of remaining East/West alley, or an alternative plan acceptable to the Board of Public Works. Said dedication must be recorded within sixty (60) days of date of passage of this ordinance, or such plan must be approved by the Board of Public works within sixty (60) days of the date of passage of this ordinance. 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 #20 and #21 SECTION IV. The purpose of the vacation of the real property is to: Stop the flow of traffic, and to enable garages eventually to be built so that they would face towards the houses not away from them. Also due to the severe problem with water and snow during certain months the alley would eventually be paved to allow for proper drainage and runoff. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor.