9923-09 Vacation - Alley - East/West alley South of Washington Street from Franklin St

Home Browse Search

ORDINANCE NO. l ` ~ 3 -~ 1 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the first North/South alley for a distance of 115.5 feet, more or less and a width of 14 feet. Being a part of Vail's Subdivision, Portage Township, 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 alley to be vacated is the first East/West alley South of Washington Street from Franklin Street to the first North/South alley for a distance of 115.5 feet, more or less and a width of 14 feet. Being a part of Vail's Subdivision, Portage Township, 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 ad 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: 18-3010-0343 - 115 Franklin Place (Parking Lot), South Bend IN, 46601 Owner Name Mr and Mrs. Michael Osowski 19525 Cleveland Road, South bend IN, 46637 SECTION IV. The purpose of the vacation of the real property is: To provide increased a larger and safer access to apartments by tenants; to provide a greener area around the property for the comfort of the tenants and to the benefit of the neighborhood; to eliminate the amount of traffic next to the building and tenant doors and windows, to reduce noise due to garbage truck in alley, as well as reduction in car and person loitering. , SECTION V. This ordinance shall be in ful! force and effect from and after its passage ~s ~