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BILL NO. 35-22
<br /> ORDINANCE NO. 10872-22
<br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
<br /> NORTH/SOUTH ALLEY BETWEEN VICTORIA STREET AND EAST/WEST ALLEY
<br /> STATEMENT OF PURPOSE AND INTENT
<br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the
<br /> authority to hear all petitions to vacate public ways or public places within the City. The following
<br /> Ordinance vacates the above described public property.
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
<br /> OF SOUTH BEND, INDIANA, as follows:
<br /> SECTION I. The Common Council of the City of South Bend having held a Public Hearing on
<br /> the petition to vacate the following property:
<br /> A PLATTED ALLEY LOCATED BETWEEN LOTS 2, 3, 136-139, AND LOT 56, ALL WITHIN
<br /> HOMELAND ADDITION AS RECORDED JULY 11, 1922 IN PLAT BOOK 10, PAGES 198-199,
<br /> ST. JOSEPH COUNTY RECORDER, AND BEING SITUATED IN THE EAST HALF OF THE
<br /> NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF
<br /> SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE
<br /> PARTICULARLY DESCRIBED AS FOLLOWS:
<br /> BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 136; THENCE
<br /> NORTHEASTERLY, ALONG THE NORTHERLY LINE OF SAID LOTS 136-139, A DISTANCE
<br /> OF 134.7 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
<br /> NORTHERLY, ALONG THE WEST LINE OF SAID LOTS 2 AND 3, A DISTANCE OF 80 FEET,
<br /> MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 3; THENCE WESTERLY, ALONG
<br /> THE SOUTHERLY LINE OF A PLATTED 14 FOOT ALLEY, A DISTANCE OF 14 FEET, MORE
<br /> OR LESS,TO THE NORTHEAST CORNER OF SAID LOT 56; THENCE SOUTHERLY,ALONG
<br /> THE EAST LINE OF SAID LOT 56, A DISTANCE OF 40.3 FEET, MORE OR LESS, TO AN
<br /> ANGLE POINT OF SAID EAST LINE; THENCE SOUTHERLY, ALONG SAID EAST LINE, A
<br /> DISTANCE OF 26 FEET, MORE OR LESS, TO AN ANGLE POINT OF SAID EAST LINE;
<br /> THENCE SOUTHWESTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 56, A
<br /> DISTANCE OF 114.8 FEET, MORE OR LESS, TO THE SOUTHERLY CORNER OF LOT 56;
<br /> THENCE SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF VICTORIA STREET,
<br /> A DISTANCE OF 14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING
<br /> 3080 SQUARE FEET (0.07 ACRES), MORE OR LESS, AND SUBJECT TO ALL COVENANTS,
<br /> RIGHTS-OF-WAY, AND EASEMENTS OF RECORD.
<br /> Hereby determines that it is desirable to vacate said property.
<br /> SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities
<br /> and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but
<br /> not limited to,the following: electric,telephone,gas,water, sewer,surface water control structures and
<br /> ditches, within the vacated right-of-way, unless such rights are released by the individual utilities.
<br /> SECTION III. The following property may be injuriously or beneficially affected by such
<br /> vacating:
<br /> Lots 2, 3, 56 and 136-139 OF HOMELAND ADDITION
<br /> Section IV. The purpose of the vacation of the real property is to combine property for a
<br /> convenience store development.
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