Vacate - The East-West Alley Bounded by niles Ave

Home Browse Search

• ORDINANCE NO. Z,a"(/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST-WEST ALLEY BOUNDED BY NILES AVENUE, THE EAST MILL RACE, AND LOTS 37 AND 38 OF THE ORIGINAL PLAT OF LOWELL 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: A public right-of-way being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: The east-west alley bounded by Niles Avenue, the East Mill Race, and Lots 37 and 38 of the Original Plat of Lowell . 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 37 and 38 and the East Mill Race of the Original Plat of Lowell . SECTION IV. The purpose of the vacation of the real property is to: Eliminate an unused public alley and provide additional usable land to the adjacent properties . 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. �� a : 0 �� .