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ORDINANCE NO. ggl9 - ~~ <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY <br />THE FIRST EAST-WEST ALLEY NORTH OF HURON STREET <br />FROM THE WEST RIGHT-OF-WAY OF SOUTH WALNUT STREET <br />TO THE EAST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY <br />WEST OF SOUTH WALNUT STREET, A DISTANCE OF APPROXIMATELY <br />136 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' <br />2ND SUB. OF PT. BANK OUTLOT 97 <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to .Indiana Code Section 36-7-3-12, the Common Council <br />is charged with the authority to hear all petitions to vacate <br />public ways or public places within the City. <br />The following Ordinance vacates the above described public <br />property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend <br />having held a public hearing on the petition to vacate the <br />following property: <br />THE FIRST EAST-WEST ALLEY NORTH OF HURON STREET FROM THE <br />WEST RIGHT-OF-WAY OF SOUTH WALNUT STREET TO THE EAST <br />RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY WEST OF SOUTH <br />WALNUT STREET, A DISTANCE OF APPROXIMATELY 136 FEET AND <br />A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF <br />PT. BANK OUTLOT 97 <br />hereby determines that it is desirable to vacate said property, <br />subject to an Easement Agreement which shall be recorded by the <br />petitioner with a copy being filed with the City Clerk. <br />SECTION II. The City of South Bend hereby reserves the rights <br />and easements of all utilities and the Municipal City of South <br />Bend, Indiana, to construct and maintain any facilities, including, <br />but not limited to, the following: electric, telephone, gas, <br />water, sewer, surface water control structures and ditches, within <br />the vacated right-of-way, unless such rights are released by the <br />individual utilities. <br />SECTION III. The following property may be injuriously or <br />beneficially affected by such vacating: <br />Lot #15 (Key #18-3081-3252) <br />Lot #14 (Key #18-3081-3250) <br />SECTION IV. The purpose of the vacation of the real property <br />is to: <br />To prevent vehicles from using the alley at a <br />high rate of speed and throwing bottles and to <br />prevent pedestrians from using the alley to <br />dump trash and using drugs. Also, to prevent <br />high speed auto chases and shootings in the <br />alley which may cause personal injury to <br />residents. <br />SECTION V. <br />from and after <br />the Mayor. <br />1st READING D ' ~I ~ q <br />PU3LIC HEARWG S'~S ~~ <br />3rd READING 8'25' 97 <br />;~!OT APPROVED. <br />";ERRED <br />PASSED ~! ~~ -~ <br />This ordinance shall be in full force and effect <br />its passage by the Common Council and approval by <br />Member of the <br />1 ~ llti:it !4s +l.el~in~,~r QT-sl~~. <br />J U L 2 8 8991 <br />LO~~TfAd. DUD'. <br />C(TY CL Fl,, Sta. t?Et1I7, f"' <br />