Vacation - Utility and Walkway easement release of Lot 43 in Southfield Subdivision off of Miami Highway

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.~. . ORDINANCE g ~ ~ ~ - ~t g AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Utility and Walkway Easement Release. A public utility and walkway easement to Lot 43 in Southfield Subdivision off of Miami Highway approximately 400 feet south of Kern Road is to be released or vacated. 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: Utility and Walkway Easement Release. Part of lot 43, Southfield subdivision Section One "A," recorded as instrument number 9009723 in the office of the recorder of St. Joseph County, Indiana described as follows: Beginning at the southeast corner of Lot 43, Southfield Subdivision Section One "A," thence north 89 deg. - 40' - 02" west on the southerly line of said lot 43, a distance of 20.00 feet; thence south 48 deg. - 48' - 43" west on the southerly line of said lot 43, a distance of 59.01 feet to the southwest corner of said lot 43; thence northwesterly on the westerly line of said lot 43 and a curve to the right having a radius of 325.00 feet, a delta of O1 deg. -19' - 21" a chord distance of 7.50 feet bearing north 40 deg. - 07' - 51" west, an arc distance of 7.50 feet; thence north 48 deg. - 48' - 43" east, a distance of 61.71 feet; then south 89 degrees - 40' - 02" east, a distance of 22.87 feet to the easterly line of said lot 43; thence south 00 deg. - 33' -15" west on said easterly line, a distance of 7.50 feet to the point of beginning. 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: Key Number Lot Number Tax Number 23-1058 42 3425 23-1058 43 3426 23-1037 * 2073.06 23-1037 * 2073.39 * = No lot number assigned.