Vacate - Public Right-of-way running from E LaSalle St North and Northeast ot the East Race Waterway

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ORDINANCE NO. 73 - AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY LEGAL DESCRIPTION A public right-of-way running from E. LaSalle Street north and northeast to the East Race waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, and commonly known as Hydraulic Avenue in 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: A public right-of-way running from E. LaSalle Street north and northeast to the East Race waterway and adjacent to Lots 12 through 22 of Miller and Green' s Second Addition and the West Leg of the old East Race, and commonly known as Hydraulic Avenue in 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 12 through 22 of Miller and Green' s Second Addition and the West Leg of the Old East Race in the Original Plat of the Town of Lowell , in South Bend, St. Joseph County, Indiana. SECTION IV. The purpose of the vacation of the real property is to: Assemble the adjacent property as a single developable parcel of land in the East Bank Development Area. 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.