Vacate - Second Alley West of Harris St Running South from Poland St

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SUBSTITUTE BILL NO. 38 -83 ORDINANCE NO., 7.36 9- g V AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SECOND ALLEY WEST OF HARRIS STREET RUNNING SOUTH FROM POLAND STREET, WHICH IS WITHIN 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 hereinafter described public property which is located within the City of South Bend, Indiana. 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, Indiana, having eld a public hearing on the petition to vacate the following described property: The second alley west of Harris Street running south from Poland Street to Dunham Street, ex- cepting therefrom the intersecting east /west alley for a total combined distance of 261.5 feet by 13 feet plus or minus lying adjacent to Lots 16 & 17 of Harris sub (7' R /W) and Lot 3 of Commissioners sub of Pt. of B.O.L. 99 (6'+ R /W) and Pt of B.O.L. 99 (6' + R /W) hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of ail uti.litie.s and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to electric, telephone., gas, water, sewer, surface water controlled 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 vacation: 1541.West Dunham Street, South.Bend, IN 46619 SECTION IV. Th.e purpose.of the vacation of the described real property is- to assist the El Campito. Day Care Center, Inc. in the physical expansion of their facility, and to provide a safer area around the day care center. SECTION V. The vacation of the real property described in Section I of t is Ordinance is subject to the City of South Bend receiving a Deed of Dedication to the following described real estate: