Vacate - First North South Alley West of Greenlawn Between Hiildreth and US Army Reserve Center

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ti y ORDINANCE NO. -16,04 - 270 AN ORDINANCE TO VACATE THE FIRST NORTH-SOUTH ALLEY WEST OF GREENLAWN BETWEEN HILDRETH AND THE U.S. ARMY RESERVE CENTER AND THE EAST-WEST LEG OF THE SUBJECT ALLEY BOUNDED ON THE NORTH BY LOT 116 OF BELLEVUE ADDITION (IUSB PROPERTY) AND THE SOUTH BY THE U.S. ARMY RESERVE CENTER. STATEMENT OF PURPOSE AND INTENT The vacation of the above described alley is for the purpose of constructing a new five-story library complex for IUSB, which will serve as the south terminus of a proposed landscaped quadrangle. 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 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: CITY ALLEY, THE NORTH-SOUTH LEG (127 ' X 14 ' ) OF WHICH IS BOUNDED ON THE NORTH BY THE SOUTH R.O.W. LINE OF HILDRETH STREET, ON THE EAST BY LOTS 22, 23 AND 24, INCLUSIVE, OF MIKESELL'S ADDITION (IUSB PROPERTY) , ON THE SOUTH BY THE U.S. ARMY RESERVE CENTER (CITY PROPERTY) AND ON THE WEST BY LOT 116 OF THE BELLEVUE ADDITION (IUSB PROPERTY) . THE EAST-WEST LEG (37.5 ' X 14 ' ) OF WHICH IS BOUNDED ON THE NORTH BY LOT 116 OF THE BELLEVUE ADDITION (IUSB PROPERTY) , ON THE EAST BY THE NORTH-SOUTH LEG OF THE ALLEY, ON THE SOUTH BY THE U.S. ARMY RESERVE CENTER (CITY PROPERTY) AND ON THE WEST BY AN EXTENSION OF THE WEST LOT LINE OF LOT 116 OF THE BELLEVUE ADDITION. 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: IUSB property to the immediate east and west of the alley will be beneficially affect through the construction of the new library facility. To prevent injury by loss of access onto Hildreth Street for Lots 116-126, inclusive, of the Bellevue Addition a new alley will be constructed and dedicated to the west of the existing alley. SECTION IV. The purpose of the vacation of the real property is to: Construct a new five-story library complex for IUSB, which will serve as the focal point at the south terminus of the proposed landscaped quadrangle.