Vacate - First East West alley North of LWW

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ORDINANCE NO. -10-I t ` g J AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first East -West alley North of Lincoln Way West running North - Westerly from the East property line of the West 33 feet of Lot 25 projected Northerly to the West property line of Lot 26 projected Northerly for a total distance of 99 feet more or less, all being in Henrick & Grant Addition to the Town, now 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 East -West alley North of Lincoln Way West running North- Westerly from the East property line of the West 33 feet of Lot 25 projected Northerly to the West property line of Lot 26 projected Northerly for a total distance of 99 feet more or less, all being in Henrick & Grant Addition to the Town, now 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: The granting of the petition will not be a detrimental effect to any real estate or in any interest in the City of South Bend or the public in general and that the granting of the petition will benefit the surrounding real estate in creating more offstreet parking which would alleviate congestion in the area.