11223-25 Right-of-Way (ROW) Vacation - Property Located Near the Intersection of Emerson Forest Parkway and Irvington Drive

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BILL NO. 50-25 ORDINANCE NO. 11223-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation of the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision. 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: An east-west stub street extending easterly from Emerson Forest Parkway and 95 feet south of Irvington Drive in Woodhaven Section One Subdivision,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: Parcel ID 018-8154-554553 Parcel ID 018-8154-5545 Parcel ID 018-8154-554501 SECTION IV. The purpose of the vacation of the real property is for the undeveloped stub street to be replaced with a portion of a newly platted lot for a proposed major primary subdivision.. 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 specifications within ninety (90) days of final approval by the Common Council. SECTION VI. 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. 1