18-24 (Substitute) Right of Way Vacation - First 360'+/- Boland Dr. East of Portage Rd

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Filed in Clerk's 011icf; SUBSTITUTE BILL NO. 18-24 APRrk, South B 0 4 2024 ORDINANCE NO. 11118-24 Gi Bianca Tirao tY Gleonci, IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first 360' +/-of Boland Drive East of Portage Road STATEMENT OF PURPOSE AND INTENT To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. 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 360'+/-of Boland Drive East of Portage Road 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: 018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks 018-2206-7862—2013 Ribourde Dr—Lot 16 Council Oaks 018-2229-8542 - 3016 Portage SECTION IV. The purpose of the vacation of the real property is to eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specification. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor.