Vacation - Street - Dayton Street from West right of way of Miami to east right of way of Dale

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SUBSTITUTE BILL NO. 89-99 Ordinance No. ~ S S AN ORDINANCE TO VACATE DAYTON STREET FROM THE WEST RIGHT-OF- WAY OF MIAMI TO THE EAST RIGHT-OF-WAY OF DALE STREET FOR A DISTANCE OF APPROXIMATELY 400 FEET AND A WIDTH OF 60 FEET. STATEMENT OF PURPOSE AND INTENT The Common Council has the authority to hear petitions to vacate public ways and places within the City of South Bend pursuant to Indiana Code § 36-7-3-12. This ordinance proposes to vacate a portion of Dayton Street from Miami to Dale for a distance of approximately four hundred feet and a width of sixty feet. 1Pl0iU, ~~r~tor~, b~ it Or~~~tti~~ by the Common Council of the City of South Bend, Indiana as follows: i n 1. The Common Council of the City of South Bend, Indiana, having held a public hearing on the petition to vacate the following described property: The street to be vacated is described as Dayton Street, which runs east/west, from the west right-of--way of Miami to the east right- of-way of Dale Street for a distance of approximately 400 feet and a width of 60 feet. Part located in the Oak Park 2nd Add. and South East Add., City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. i n 2. The City of South Bend, Indiana, 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. i n .The following properties may be injuriously or beneficially affected by such vacation: Lot Nos. 1, 4, 5, 6, 7, 8, 9, 64,71,72, 73, 74, 75, and 76. i n 4. The purpose of the vacation of the real property is to permit the planned development of the Cathedral of Saint Matthew by the expansion of their building complex and parking facilities. e i n .This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and the recording of an easement agreement acceptable to the City of South Bend, Indiana. Member of the Common Council 1 st READING ~ ti^~ ~ PUBLIC HEARING ~~.21-~y 3rd READING ~ ~ ~ tz-q y NOT APPROVED REFERRED 3.P•~• PASSEfl ~ ~. Z Z- q q A S 0. w~cr~ c.~ Fi(~ti in Ciertc°s C~f~iC~ ~J 0 U 2 =~ 1999 LOR1rTTA J. DUDA CnY CLERIf, f'O. BEt~, Ii~J.