11196-25 ROW Vacation - 416 North Main Street and 425 North Dr. Martin Luther King Jr. Drive

Home Browse Search

BILL NO. 22-25 ORDINANCE NO. 11196-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND MARION SOUTHWESTERLY TO MADISON STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation between the current property lines and the existing right- of-way in order to allow for a more cohesive development on the property. 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 portion of the right-of-way along the South side of Marion and East side of Main from the roundabout at Michigan and Marion southwesterly to Madison, more particularly described as set forth in Exhibit A. 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: 425 N Dr. Martin Luther King Jr Drive—Parcel ID #018-1003-0095 416 N Main Street—Parcel ID#018-1003-0089 SECTION IV. The purpose of the vacation of the real property is to allow for a more cohesive development on the property as a result of vacating the area between the current property lines and the existing right-of-way. SECTION V. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of , 2025. Canneth Lee,�President, South Bend Common Council 1