02-23-09 Common Council Meeting Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH ST. 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 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST -WEST ALLEY LYING SOUTH OF KALORAMA 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 11. 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. SECTION 111. The following property may be injuriously or beneficially affected by such vacating: LOTS E AND 13 OF TURNOCK'S SUBDIVISION OF A PART OF TURNOCK AND MACK'S ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK 9, PAGE 82 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA.