Vacate - First North South Alley East of Eddy St running South from Wayne St

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ORDINANCE NO. -j(o q/.. re je AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM WAYNE STREET, TO THE 1ST INTERSECTING EAST-WEST ALLEY FOR A DISTANCE OF 121.8 FEET ALL BEING IN THE SUNNYMEDE 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 NORTH-SOUTH ALLEY EAST OF EDDY STREET RUNNING SOUTH FROM WAYNE STREET, TO THE 1ST INTERSECTING EAST-WEST ALLEY FOR A DISTANCE OF 121.8 FEET ALL BEING IN THE SUNNYMEDE 1ST ADDITION TO THE CITY OF SOUTH BEND, 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 property may be injuriously or beneficially affected by such vacating: Lots 138 and 139 in Sunnymede 1st addition SECTION IV. The purpose of the vacation of the real property is to: Insure the safety of the children who play in this area. Because of a general increase in traffic in this neighborhood and the establishment of a business near this residential alley there has been a definite increase in the number of cars who use this alley as a shortcut in recent years. In addition, the number of children who live and play on or very close to this alley has also increased dramatically creating an extremely dangerous situation. This situation can be easily remedied by vacating this portion of the North-South alley leaving the remainder open for complete access to the East-West Alley. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and subject to the conditions set forth by the Board of Public Works at its meeting of April 15, 1986. k