10960-23 Ord. Alley Vacation-1405 Portage Ave. & 1301 Elwood Ave.

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BILL NO. 46-23 ORDINANCE NO. 10960-23 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN 1301 ELWOOD AVENUE AND 1405 PORTAGE AVENUE 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: ALL OF THE 14-FOOT WIDE ALLEY LYING BETWEEN LOT 8 AND LOT "C" IN VICTORY ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 85 AS FOUND IN THE OFFICE OF THE RECORDER OF 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, 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 properties may be injuriously or beneficially affected by such vacating: LOT 8 VICTORY ADD (PARCEL ID: 018-2182-6829) LOT C VICTORY ADD & VAC ALLEY N &ADJ & EX SE TRI COR TO CITY 20/21 CON W/ 018-2182-6830 PER ASSESSORS REQ IC 6-1.1-5-16 (PARCEL ID: 018-2182-6831) SECTION IV. The purpose of the vacation of the real property is to combine right-of-way with adjacent properties for new proposed development. 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: 'In /c:ria e, Council President South Bend Common Council