Vacate - Part of the East West Alley from the East Race to Niles Avenue

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ORDINANCE NO. ZZ 6 1 -rE AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE EAST WEST ALLEY FROM THE EAST RACE TO NILES AVENUE. 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 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: A parcel of land being part of the North sixteen (16) feet of Lot thirty -eight (38) in the original plat of the Town of Lowell, now part of the City of South Bend, St. Joseph County, Indiana, said North sixteen (16) feet currently being a public alley for purposes of egress and ingress, said part being more particularly described as follows, viz: Beginning at the point of intersection of the South line of said sixteen (16) foot alley with an Easterly line of the East Race; thence North 10 °- 59' -50" West, along said Easterly line, a distance of 16.46 feet to the Northwest corner of said Lot thirty -eight (38); thence North 89 °- 57' -07" East, along the North line of said Lot thirty -eight (38), a distance of 35.65 feet; thence South 10 °- 59' -50" East, along a line parallel with and 35.00 feet distant from (measured at right angles) said Easterly line of the East Race, a distance of 16.30 feet to the South line of said sixteen (16) foot public alley; thence South 89 °- 57' -07" West, along said South line, a distance of 35.65 feet to the place of beginning containing 570 square feet more or less. 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�fectea by such vacating: part of lots 37, 38, 39, 40, 41 and 42 of the original plat of the Town of Lowell. SECTION IV. The purpose of the vacation of the real property is to: facilitate construction and development of the East Race. SECTION V. effect from ancd —aver by the Mayor. NOT APPROVED REFERRED PASSED g ! �- This ordinance shall be in full force and its passage by the Common Council and approval FILED ID CLE'S Irene Gammon MTV MLOY MITU Dann mn