10897-22 Alley Vacation- N/S Alley Starting from Hill St. to first E-W Alley Btn Corby and Kalorma (SUBSTITUTE BILL)

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SUBSTITUTE BILL NO. 62-22 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION— THE FIRST EAST-WEST ALLEY SOUTH OF CORBY BOULEVARD BEGINNING AT THE EAST LINE OF HILL STREET AND EXTENDING APPROXIMATELY 165 FEET TO THE WEST LINE OF THE FIRST NORTH-SOUTH ALLEY BETWEEN HILL STREET AND SAINT LOUIS BOULEVARD. 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 CORBY BOULEVARD BEGINNING AT THE EAST LINE OF HILL STREET AND EXTENDING APPROXIMATELY 165 FEET TO THE WEST LINE OF THE FIRST NORTH-SOUTH ALLEY BETWEEN HILL STREET AND SAINT LOUIS BOULEVARD. 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: 824/820 N HILL ST, DANIEL AND JODY MACHIELA 816 N HILL ST, BECKY ADAMS Section IV. The purpose of the vacation of the property is: THIS UNIMPROVED ALLEY HAS NOT BEEN IN USE FOR DECADES, WITH EASY ACCESS FOR ALL ADJACENT PROPERTIES PROVIDED THROUGH THE BACK, NORTH-SOUTH ALLEY BETWEEN HILL STREET AND SAINT LOUIS BOULEVARD. ALL PARKING AND GARAGES ARE OFF OF THE BACK, NORTH-SOUTH ALLEY. 820 AND 824 N HILL HAVE NOW BEEN COMBINED FOR A SINGLE HOME. BOTH ADJACENT PROPRTIES WOULD LIKE THE ALLEY TO BE SPLIT AND USED FOR GREEN/YARD SPACE. 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. S/IV,A M 4tSharon L. McBride, Council President South Bend Common Council