Vacation - Alley - First alley south of Western Ave from the East of South Frances to the west

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• ORDINANCE NO. •~ ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT- OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF "BECK'S 1ST ADDITION". 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: THE FIRST EAST-WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT- OF-WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF "BECK'S 1ST ADDITION". 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 injuriously or beneficially affected by such vacating; LOT 6 AND LOT 11 IN THE PLAT OF "BECK'S 1ST ADDITION". SECTION IV. The purpose of the vacation of the real property is to: Provide for the more efficient use of the property located on either side of said vacated right-of-way. 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. Member of the Common Council 1st READING ~-'~~~~ a PUBLIC HEARING ~-~~ _ y'~ 3rd READING ~- ~~ ~!~ NOT APPROVED REFERRED PASSED f~ ~b Filed in Clerk's Office JAP1 - 7 199a LOAETTA J. Di1DA CITYCLERKe SO. BEND.IN.