Vacation - Alley - First east-west alley north of Demaude Ave from east of Portage Ave, - part located in Shetterley Place 3rd Plat

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ORDINANCE N0. ~~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY NORTH OF DEMAUDE AVENUE FROM THE EAST RIGHT-OF-WAY OF PORTAGE AVENUE TO THE WEST RIGHT-OF-WAY OF THE FIRST NORTH-SOUTH ALLEY EAST OF PORTAGE AVENUE FOR A DISTANCE OF APPROXIMATELY 132 FEET IN LENGTH AND WIDTH OF 14 FEET. PART LOCATED IN SHETTERLEY PLACE 3RD PLAT, 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 described as the first east- west alley north of Demaude Avenue from the east right- of-way of Portage Avenue to the west right-of-way of the first north-south alley east of Portage Avenue for a distance of approximately 132 feet in length and width of 14 feet. Part located in Shetterley Place 3rd Plat, 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 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: Lot #118 Lot #119 SECTION IV. The purpose of the vacation of the real property is to: Eliminate hazardous traffic entering Portage Avenue from alley, stop cross-block drug trafficking, and provide additional security and screening for parking lot 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, subject to the easement conditions recommended by the Board of Public Works at its October 13, 1997 meeting. Member of the Common Cou it 1 st READING ~'~ ' / 7 PUBLIC HEARING ~a -~~ j ~ ~7 3rd READING ~Q ~- ~3-~f 7 NOT APPROVED P.EFERRED PASSED /a~~3- 9~ As ~m~ ~~~