08-25-08 Council Meeting Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL RAILROAD 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: The alley to be vacated is the first North /South alley (10' wide) West of Laurel Street on the South side of Western Avenue and the 14' wide alley that runs Southwesterly from said North /South alley along the North right of way of a vacated railroad. Both alleys being located in Bank Out Lot 92, in the Southwest % of Section 11, Township 37 North, Range 2 East, St. Joseph County, Portage Township, City of South Bend, Indiana, and more particularly described as follows: Commencing at the intersection of the original South right of way line of Western Avenue and the West right of way line of Laurel Street (said original line of Western is 15 feet North of the current right of way line); thence West along said original South right of way line of Western Avenue a distance 346 feet, more or less, to the intersection of the South right of way line of Western Avenue and the East right of way line of said North /South alley and the place-of beginning; thence South along said East line of said 10' wide North /South alley a distance of 72.3 feet to the Northerly right of way line of a vacated railroad right of way Tax ID #018 - 3059 - 2307.01; thence Southwesterly along said Northerly railroad right of way a distance of 190 feet, more or less; thence Northwesterly perpendicular to said Northerly right of way line of said railroad a distance of 14 feet; thence Northeasterly along a line parallel to and 14 feet from the Northerly right of way line of the vacated railroad a distance of 182.9 feet to the West right of way line os said 10 foot wide North /South alley; thence North along said West right of way line of the 10 foot wide North /South alley a distance of 61.82 feet to the South right of way line of Western Avenue; thence East along said South Line to the place of beginning.