12-08-08 Council Meeting Agenda & Packet

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~L~~ ~~- ~ ~-~~ ORDINANCE NO. AN ORDINANCE TO VACATE A PORTION OF THE RIGHT OF WAY OF CALLENDER STREET FROM US 31 SOUTH (MICHIGAN STREET), BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET 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 PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING THE RIGHT OF WAY OF CALLANDER STREET FROM US 31 SOUTH (MICHIGAN STREET) TOWARD, BUT NOT REACHING ST. JOSEPH STREET, FOR A DISTANCE OF 500 FEET, MORE OR LESS, AND A WIDTH OF 50 FEET. DEDICATION OF CALLANDER STREET WAS. RECORDED IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS ON NOVEMBER 25, 1959, IN BOOK 596, PAGE 23 THRU 26. Hereby determines that it is desirable to vacate said property. SECTION ll. 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.