Vacate - Less than Full Width Portion that lies Adjacent to Property 4418 S. Main St.

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ORDINANCE NO. t O 31(0 ( S • AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A LESS THAN FULL WIDTH PORTION OF SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) THAT LIES ADJACENT TO PROPERTY OWNED BY GATES AND GATES REALTY, LLC LOCATED AT 4418 SOUTH MAIN STREET (FORMERLY LAFAYETTE BOULEVARD) 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 portion of the right-of-way of South Main Street(formerly Lafayette Boulevard), as depicted on the Ireland Road Major Subdivision, recorded as instrument number 0828548 in the Office of Recorder of St. Joseph County, Indiana,being more particularly described as follows: Beginning at a point on the east right-of-way line South Main Street, said point also being the northwest corner of Lot 1 of Ireland Road Major Subdivision;thence South 01°05'07"West,along said east right-of-way line and west line of Lot 1, 118.56 feet;thence South 16°16'34"West,along said east right-of way line and west line of Lot 1, 115.54 feet to a point that lies 40.00 feet east of the design alignment for South Main street (Line "D") as shown in City of South Bend Project Number 110-058B construction plans and established by Location Control Route Survey Plat recorded as document number 1134039 in the Office of Recorder of St. Joseph County, Indiana; thence North 02°47'24"East,along a 40 foot offset of Line`D', 217.78 feet;thence Northwesterly 11.52 feet along a 40 foot offset of Line `D' being a tangent curve to the right having a radius of 560.00 feet and subtended by a long chord having a bearing of North 03°22'46"east and a length of 11.52 feet to a point of the north line of Lot I extended; thence North 88°58'38" East, 23.35 feet to the point of beginning and containing 4,479 square feet, more or less. hereby determines that it is desirable to vacate said properties. 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.