Vacation - Alley - First alley east of South Maple St from Washington - Part located in Evan's Sub of B.O.L. 88 and Bakers sub of B.O.L. 87

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ORDINANCE NO. U 7(oJ~-9 7 ' ' ' ' AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH- SOUTH ALLEY EAST OF SOUTH MAPLE STREET FROM THE SOUTH RIGHT-OF-WAY OF WEST WASHINGTON STREET TO THE NORTH ALLEY LINE OF THE FIRST EAST-WEST ALLEY SOUTH OF WEST WASHINGTON STREET FOR A DISTANCE OF APPROXIMATELY 144.5 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN EVAN'S SUB OF B.O.L. 88 AND BAKERS SUB OF B.O.L. 87, 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 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 first North-South alley East of South Maple Street from the South right-of--way of West Washington Street to the North alley line of the first East-West alley South of West Washington Street for a distance of approximately 144.5 feet in length and a width of 14 feet. Part located in Evan's Sub of B.O.L. 88 and Bakers Sub of B.O.L. 87, 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, 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. vacating: The following property may be injuriously or beneficially affected by such 1126 W. Washington Lot 1 Baker's Sub of BOL 87 Lot with no address Lot 24 Evan's Sub of BOL 88 SECTION IV. The purpose of the vacation of real property is to: enable the petitioner to enclose his property and to eliminate illegal dumping on the lots as well as to stop cars from using the alley to race between W. Washington to W. Jefferson. The petitioner owns the property to the west of the alley and has recently purchased the three lots to the east of the alley proposed for vacation. The alley is not used as an access for City services, but it has been used as a speedway and short cut for persons desiring to go between W. Washington and W. Jefferson. The adjacent lot to the east has been used for a dumping ground by unknown persons. Since the petitioner purchased this lot, he has cleaned it up several times, yet the trash reappears. The petitioner is desirous of fencing in his property in order to eliminate these illegal and unnecessary activities. He is also desirous of building a garage large enough for his three vehicles and in so doing take them off of W. Washington which is a City Snow Route. In order to make these improvements, he must vacate the alley. 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. 1st FEAD;NG~-~!~_.~~ PUBLEC t;E,~s dNG ~ -"~O- ~J 7 3 rd READ;NG~ ~ Q _ 1 7 ~~:or ~P~~;ovE~ Member of the Common Council r,~~ a=BRED PA~~~D~ia_ ~~