9862-08 Vacation - Easement - DeRue Court from Jefferson Blvd extended to St. Joseph Street

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ORDINANCE NO. ~ ~ (O~-~ 0 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON BOULEVARD TO THE NORTH LINE OF THE SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT FROM THE WEST LINE OF THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST. JOSEPH STREET. 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 PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND, INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF 128.29 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 17 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF DERUE COURT, A DISTANCE OF 198.04 FEET TO THE SOUTH LINE OF LOT 40 IN SAID ORIGINAL PLAT; THENCE SOUTH 89 DEGREES 45 MINUTES 03 SECONDS WEST, ALONG SAID SOUTH LINE EXTENDED WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 45 SECONDS WEST, PARALLEL WITH THE EAST LINE OF DERUE COURT, A DISTANCE OF 198.04 FEET TO THE NORTH LINE OF SAID LOT 38 EXTENDED WEST; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS EAST, ALONG EXTENDED NORTH LOT LINE, A