11162-24 Alley Vacation - South Chestnut Street and South Walnut Street

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SUBSTITUTE BILL NO. 62-24 ORDINANCE NO. 11162-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076- 3053; AND THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and employees at the Petitioner's place of business. 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 Ordinances 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 EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE FIRST NORTH-SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018- 3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY. 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 properties may be injuriously or beneficially affected by such vacating: 316 Chestnut St—018-3076-3052 325 S Walnut St—018-3076-3060 318 Chestnut St—018-3076-305401 323 S Walnut St—018-3076-3058 320 Chestnut St—0183076-3054 Vacant Lot—018-3076-3057 Vacant Lot—018-3076-3056 319 S Walnut St—018-3076-3055 324 Chestnut St—018-3076-3059 Vacant Lot—018-3076-3053 331 S Walnut St—018-3076-3061 Vacant Lot—018-3076-305301 SECTION IV. The vacation is subject to the elimination of the alley approach on Chestnut Street 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 specifications. SECTION V. The vacation is subject to the dedication of right-of-way to provide a turnaround space in the remaining North-South alley as shown in the exhibit. 1