9945-09 Vacation - Street - Summertime Lane from Jackson Rd to Hidden Creek Drive

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ORDINANCE NO. 1. Ti y ` AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS SUMMERTIME LANE FROM JACKSON ROAD TO HIDDEN CREEK DRIVE FOR A DISTANCE OF 272.59 FEET AND A WIDTH OF 50 FEET 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 1. 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 Summertime Lane from Jackson Road to Hidden Creek Drive for a distance of 272.59 feet and a width of 50 feet. Being a part of Hidden Creek Section 1 within the City of South Bend, St. Joseph County, Indiana Hereby determines that it is desirable to vacate said property. SECTION 11. 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: Lots 1 and 71 as shown on the recorded plat of Hidden Creek Section 1 subdivision SECTION IV. The purpose of the vacation of the real property is to relocate this entrance to Hidden Creek Section 1 so that it doesn't interfere with the Phillips Ditch.