Vacation - Streets Alley - High on East Pennsylvania on the North, Broadway on South, and Marietta on West.

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.: ORDINANCE NO. ~ ! ~ r ~ 1 I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, PENNSYLVANIA AVENUE ON THE NORTH, BROADWAY STREET ON THE SOUTH, AND MARIETTA STREET ON THE WEST. 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 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: A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALLEYS: THE FIRST NORTH/SOUTH ALLEY EAST OF MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE FOR A DISTANCE OF APPROXIMATELY 143 FEET AND A WIDTH OF 14 FEET, LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L. WENGER'S 6TH ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. STREETS: MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE FOR A DISTANCE OF APPROXIMATELY 145 FEET AND A WIDTH OF 50 FEET; ALSO, MARIETTA STREET FROM THE SOUTH RIGHT-OF-WAY OF THE FIRST EAST/WEST ALLEY SOUTH OF PENNSYLVANIA AVENUE TO THE NORTH RIGHT-OF-WAY OF BROADWAY STREET FOR A DISTANCE OF APPROXIMATELY 153 FEET AND A WIDTH OF 50 FEET; ALSO, EAST PENNSYLVANIA STREET FROM THE WEST RIGHT-OF-WAY LINE OF HIGH STREET TO A POINT 180 WEST OF THE WEST RIGHT-OF-WAY LINE OF HIGH STREET FOR A DISTANCE OF 180 FEET AND A WIDTH OF 60 FEET; ALL OF THE ABOVE STREETS ARE LOCATED IN WENGER AND KRIEGHBAUM'S REPEAT OF M.L. WENGER'S 6TH ADDITION RECORDED IN PLAT BOOK 8, ON PAGE 103 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, 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 vacatedright-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: Wenger and Krie~hbaum's Replat of M L Wenger's 6th Addition :Lots 140, 141, 142, 146, 183, 184, 215, and 216. Page 1 of 2