Alley Vacation - West of Burns Street - Shown on the recorded plat of Hartman & Miller's plat as the same is recorded.

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ORDINANCE NO. -1 O ~ S ~ ~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The first 12 foot wide north-south alley lying West of Burns Street, bounded on the South by the Northerly right-of--way line of South Bend Avenue and bounded on the North by the Westerly extension of the North line of Lot 90 as shown on the recorded plat of Hartman & Miller's Plat as the same is recorded in the office of the Recorder of St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and West and extends 194.2 feet north (as measured along its centerline) from the Northerly line of South Bend Avenue to the end of the proposed vacation. 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: The first 12 foot wide north-south alley lying West of Burns Street, bounded on the South by the Northerly right-of--way line of South Bend Avenue and bounded on the North by the Westerly extension of the North line of Lot 90 as shown on the recorded plat of Hartman & Miller's Plat as the same is recorded in the office of the Recorder of St. Joseph County, Indiana. Said alley to be vacated is 12 feet in width East and West and extends 194.2 feet north (as measured along its centerline} from the Northerly line of South Bend Avenue to the end of the proposed vacation. 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 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 III. The following property maybe injuriously or beneficially affected by such vacating: Lots Numbered 53, 54, 55 and 90 of Hartman & Miller's Plat SECTION IV. The purpose of the vacation of the real property is to create a more desirable property and provide more efficient use of the abutting lots 53, 54, 55 and 90 as they are all owned by the same people. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 1st READING 17,-1f-5~ ~'d~~t~ ~Qn ~~~~~dc~°~-------~- PUBLIC HEARIPdG ~-?D-~~ ~ ~~~~" 3rd READING ~ -1d-O~ C p NOT APPR0~1L•D DL~ 0 ~ 1J99 REFERRED _ PASSED ~~\0^D6 L'DnET'r~1J. QtfrJJi C!T'fCLIrF~i~,~D,Er"_Prn tP9. [~ Member of the Common C cil