Vacate - 1st EastWest alley North of LaSalle Street running East from Main St

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ORDINANCE NO. U5 4'' AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The 1st east -west alley north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of 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 north of LaSalle Street running east from Main Street to the north -south alley for a distance of 165 (one- hundred sixty five) feet, lying between Lots 173 and 174 of the original plat of 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 bene- ficially affected by such vacating: The alley will be beneficially affecting the property located at 121 W. LaSalle Street, doing business as a Burger King Restaurant. There are no injurious consequences known to any adjacent property. SECTION IV. The purpose of the vacation of the real property is to: Increase parking spaces and improve drive -thru car stacking for the Burger King Restaurant and, consequently, this will allow an elimination of traffic backing onto LaSalle Street. 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. ember of the rm n Council