Vacation - Tutt Street from west of South Michigan St. - part located in Garst's 1st addition

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ORDINANCE NO . ~~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is Tutt Street from the West right-of-way of South Michigan Street to the East right-of-way of the first North-South alley West of South Michigan Street for a distance of approximately 103 feet and a width of 50 feet. Part located in Garst's 1st addition to the 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 ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE CONII~iON 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 street to be vacated is Tutt Street from the West right-of-way of South Michigan Street to the East right-of-way of the first North-South alley West of South Michigan Street for a distance of approximately 103 feet and a width of 50 feet. Part located in Garst's lst addition to the 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, 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: