Vacation - Alley first e/west alley of LWWest from w r.o.w. of Cushing to e r.o.w.of first n/south alley west of Cushing

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ORDINANCE NO. C~ Z. S -~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first east/west alley north of Lincolnway West from the west right-of--way of Cushing Street to the east right-of--way of the first north/south alley west of Cushing Street for a distance of 128 feet and a width of 10 feet. Part located in Cushing and Lindsey's Sub., City of South Bend, St. Joseph County, Indiana. 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 east/west alley north of Lincolnway West from the west right-of--way of Cushing Street to the east right-of--way of the first north/south alley west of Cushing Street for a distance of 128 feet and a width of 10 feet. Part located in Cushing and Lindsey's Sub., 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, 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: 18-1067-2881 LOT 2 EX 44 FT W END & EX N END LOT 1 EX 50 FT N END GUSHING & LINDSEY: (801-807 Lincolnway West) 18-1067-2880 22 FT MID PT LOT 2 GUSHING & LINDSEY: (809 Lincolnway West) 18-1067-2879 W 22 FT LOT 2 EX N END GUSHING & LINDSEY: (811 Lincolnway West) 18-1067-2878 LOTS 1 & 2 FT N END OF EA GUSHING & LINDSEY & S'/s VAC ALLEY N & ADJ GUSHING & LINDSEY ADDN: (515 Cushing)