Bill No. 15-22 Passed (Council) & Signed (Mayor)

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BILL NO. 15-22 ORDINANCE NO. 10856 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER'S 1ST ADDITION 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: A PARCEL OF LAND BEING A PART OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING A PART OF FUERBRINGER'S 1ST ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST ALLEY, 10.56 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF LOT 5 IN SAID FUERBRINGER'S ADDITION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 5, 132 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK STREET, 10.56 FEET, MORE OR LESS,TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD. 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 4& 5 OF FUERBRINGER'S 1ST ADDITION Section IV. The purpose of the vacation of the real property is allow for the construction of a 30' wide home and meet the requirements of the zoning ordinance. The alley is currently unused and grass. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. ( )).0N(- hiY1OL Sharon L. McBride, ouncil President South Bend Common Council