Vacation - Street - Ironwood Drive, Lincolnway East

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ORDINANCE NO. ~ ~ S $ - D O AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is a portion of Ironwood Drive from the South R/W line of Lmcolnway East to the North R/W line of the Conrail (now Norfolk and Southern) tracks for a distance of 108.14 feet and 84.47 feet and a width of 30 feet in the City of South Bend, St. Joseph County, Indiana. 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 properly. 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 Northeast Quarter of the Southeast Quarter of Section 18, Township 37 North, Range 3 East, City of South Bend, St. Joseph County, Indiana described as follows: Beginning at the intersection of the original center line of Ironwood Drive and the north line of Consolidated Rail Corporation (CONRAIL); thence South 88 degrees 43 minutes 35 seconds West 30.01 feet along the north line of CONRAIL to the original west line of Ironwood Drive; thence North 00 degrees 00 minutes 00 seconds East 84.47 feet more or less along the original west line of Ironwood Drive to the back of the retaining wall as shown on the construction plans for St Joseph County Ironwood/CONRAIL Grade Separation Project No. S612-76; thence North 50 degrees 56 minutes 41 seconds East 38.63 feet along the back side of said retaining wall to the original centerline of Ironwood Drive; thence South 00 degrees 00 minutes 00 seconds West 108.14 feet more or less along said original centerline of Ironwood Drive to the point of beginning and containing 2,889 square feet more or less. hereby determines that 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 vacatedright-of way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Parcel # 18-7079-2899 and Parcel # 16-1212-81321ot #2 SECTION IV. The purpose of the vacation of the real property is to join together my properties which are now separated by that portion which was formerly Ironwood Drive. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. L Member of the Common Council 1 st READING ~ 0-23-Q~ PUBLIC HEARING ~~-\.3'~ 3 rd READING 1 ~-\ 3 ~~~ NOT APPROVED REFERRED PASSED `~' \ 3' ~~ ._ s FilBS~ 8~ ~~~~~~'~ ~~1~~ OCT 1 3 2Q0~ LCliiLTTla~a. fi~1:3J~, ~.•~