Vacate- 1st East West Alley South of Delaware St

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ORDINANCE NO-. 7593786 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY THE 1ST EAST-WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA STREET LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND"HIGHLAND PARK 2ND ADD" (UNRECORDED) 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 1ST EAST-WEST ALLEY SOUTH OF DELAWARE STREET RUNNING EAST FROM OLIVE STREET TO PHILLIPA STREET LYING BETWEEN LOTS 259 THRU 264 AND LOTS 277 THRU 282 ALL BEING IN "HIGHLAND PARK 2ND ADD" AND "HIGHLAND PARK 2ND ADD" (UNRECORDED) TO THE CITY OF SOUTH BEND, ST. JOSPEH 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 facilites, 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 individual utilities. SECTION III. The property is not injurious and will benefit the adjoining properties that are involved in the vacation. Lots 259 thru 264 and Lots 277 thru 282 of Highland Park 2nd Add and Highland Park 2nd Add (unrecorded) . SECTION IV. The purpose of this vacation of real property is because the land is not used and the two property owners adjoining this property have been and are currently mainting this property. 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. 4I Member of the" on Council