Vacate - 2nd North South alley East of Sherman Ave

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ORDINANCE NO. 737/ -f'/ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY PETITION TO VACATE The 2nd North -South alley East of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting East -West alley; abuting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend. STATEMENT OF PURPOSE AND INTENT To close off and park there to maintain and keep clean. 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 2nd North -South alley East of Sherman Avenue running South from Roosevelt Street a distance of 128 feet to the intersecting East -West alley; abuting lots 233 and 234 of the Northwest 3rd Plat to the City of South Bend 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 233 and 234 SECTION IV, The purpose of the vacation of the real property is to: This is not used as an alley, and the City does not maintain it. 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.