02-09-09 Common Council Meeting Agenda & Packet

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unDINANCE AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEN" BEING THE FIRST EAST` EST ALLEY LYING SOUTH OF KALORAMA STREET BETWE.EN TNK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH T. LOUIS 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 a li petitions to vacate public gays o 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 CITE' OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to t tale following property: A 14 FOOT WIDE ALLEY BEING TIME FIRST EAST -WEST ALLEY LING SOUTH OF KAL I AMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD. hereby determines that it 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 c South Bend, Indiana, t construct a nd maintain any facilities including, but not limited te, the ello ing: electric, telephone, ,qtr, er, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTI III. The following property may be injuriously or beneficially affected bY such vacating: LOTS E AND 13 OF T I' C' S SUBDIVISION OF A PART OF T RNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED DE IN PLAT BOOK 9, PA GE IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. DIANA.