Vacation - Alley e/west of Washington from w right-of-way of Birdsell to the e line of first n/south alley w of Birdsell

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ORDINANCE N0. ~ ~ ~ 2- ~+ 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first east/west alley north of W. Washington Street from the west right-of-way of Birdsell Street to the east line of the first north/south alley west of Birdsell street for a distance of approximately 115.5 feet and a width of 12 feet. Part located in Stover's Sub. of bank Outlot 81, City of South Bend, St. Joseph County, Indiana. 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 alley to be vacated is described as the first east/west alley north of W. Washington Street from the west right-of-way of Birdsell Street to the east line of the first north/south alley west of Birdsell street for a distance of approximately 115.5 feet and a width of 12 feet. Part located in Stover's Sub. of bank Outlot 81, City of South Bend, St. Joseph County, Indiana. 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 may be injuriously or beneficially affected by such vacating is Lot 28 and Lot 29. SECTION IV. The purpose of the vacation of the real property is that the present alley has not been used for its intended purpose for as long as St. Augustine has been at this location. The condition of the alley is poor; it is overgrown and has not been maintained as an alleyway. With our present proposal, we intend to improve the property, pave this alleyway as partial access and allow public access. 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 ~I ~a1~~ PUBLIC HEARING~IIZ-~9~ 3rd RfiADING ~~IL`9~' NOT APPROVED REFERRED PASSED 1-~~--`~ q Fi~e~, i~~ ~'~TfC'S ~1~iCf; .~ i. ~ 1 - ~ 1999 Lc~:zTTA J. Dl1DA CITY CLERY., ::U. E3Ets'D, IPl. S~Ge~t~ Member of the Common Council