07-26 Alley Vacation - The First East/West Alley North of Prast, Between Elmer and the First North/South Alley West of Elmer

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BILL NO. 07-26 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF PRAST, BETWEEN ELMER AND THE FIRST NORTH/SOUTH ALLEY WEST OF ELMER STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to keep all of their properties together, which is anticipated to make a significant difference in reducing vandalism and dumping of litter around their property. Petitioner also wishes to build an extension of the home or current garage. 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 north of Prast, between Elmer and the first north/south alley west of Elmer, 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: 901 Elmer Street—Parcel ID 018-2031-1037 837 Elmer Street—Parcel ID 018-2032-1053 SECTION IV. The purpose of the vacation of the real property is to keep all of Petitioner's properties together, which is anticipated to make a significant difference in reducing vandalism 1