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ORDINANCE NO.13�3 -�� <br />AN ORDINANCE TO VACATE THR FOLLOWING <br />DESCRIBED PROPERTY: <br />The 1st east -west alley north of Hastings Street running west from Ironwood <br />a distance of 133.9' + to the intersecting north -south alley. Being between <br />lots 128 and 129 of Hastings, Woodward and Gray's Addition to the City of <br />South Bend. <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is <br />charged with the authority to hear all petitions to vacate public ways or <br />public places within the City. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF <br />SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having <br />held a public hearing on the petition to vacate the following property: <br />The 1st east -west alley north of Hastings Street running west from <br />Ironwood a distance of 133.9' + to the intersecting north -south alley. <br />Being between lots 128 and 129 of Hastings, Woodward and Gray's Addi- <br />tion to the City of South Bend. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the rights and <br />easements of all utilities and the Municipal City of South Bend, Indiana <br />to construct and maintain any facilities, gas, water, sewer, surface water <br />control structures and ditches, within the vacated right -of -way, unless <br />such rights are released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially <br />affected by such vacating: <br />This alley is not a continuing alley, indicated by the NO OUTLET sign that <br />is situated at the western end of said alley. There would be no injury to <br />any justifiable traffic flow due to the fact that there shouldn't be any <br />traffic, since it ends at the westernly line of lots 128 and 129. <br />SECTION IV. The purpose of the vacation of the real property is to: <br />Insure the safety of the senior citizens living in this block and <br />small grand children of said residents. Frequently, when trains are across <br />the Ironwood Grand Trunk R. R. Crossing at the north end of the 500 block, <br />a traffic hazard is created by irate drivers zipping into the east end of <br />the alley thinking they can continue north to Jefferson from the west end <br />of the alley. Other cars enter the north /south alley behind lots 128/129 <br />from Hastings street with the intent of doing the same thing. The risks <br />of such collisions is monumental. Vacating the east /west alley does not <br />cut off any other property owner from the back of their property. They <br />still have the Hastings Street entrance to the north /south alley. <br />SECTION V. This ordinance shall be in full force and effect from <br />and after its passage by the Common Council and approval by the Mayor. <br />Isf Pu:M dm -11-9- jo e-1 <br />PU8L;C F'CARING A,/ d' y <br />2nd READING •-1 -� y <br />NOT APPROVED <br />REFERRED <br />PASSED <br />� i �� <br />:- of - Comm . <br />FILED IN CLEF MS'S OFFICE <br />Irene Gammon <br />CITY CLERK, SOUTH BEND, IND. <br />