Vacation - Alley - First alley north of Lindsey Street, north of Cushing Street - Part located in Cushing & Lindsey's Sub

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ORDINANCE N0. U ~~~~~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST- WEST ALLEY NORTH OF LINDSEY STREET FROM THE WEST RIGHT- OF-WAY LINE OF NORTH GUSHING STREET TO THE EAST RIGHT- OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH GUSHING STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET IN LENGTH AND 14 FEET IN WIDTH. PART LOCATED IN GUSHING & LINDSEY~S SUB, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 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 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 LINDSEY STREET FROM THE WEST RIGHT- OF-WAY LINE OF NORTH GUSHING STREET TO THE EAST RIGHT- OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH GUSHING STREET FOR A DISTANCE OF APPROXIMATELX 128 FEET IN LENGTH AND 14 FEET IN WIDTH. PART LOCATED IN GUSHING & LINDSEY~S SUB, 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 and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may injuriously or beneficially affected by such vacating: Lot Numbers 60-2949 and 59-2950 SECTION IV. The purpose of the vacation of the real property is to: Improve the security of the neighborhood by stopping nuisance traffic, both vehicular and pedestrian, from using the alley as a shortcut and as a dumping ground for liquor bottles, needles, and a loaded handgun, which was turned over to the SBPD in June, 1994. Eliminate the easy and unlit access to both homes adjoining the alley and keep individuals out on the street where they can be more readily seen. Improve the value of all the homes in the 700 blocks of Cushing St. and Cottage Grove by removing a site which is an attractive nuisance and magnet for criminal activity, specifically illegal drug use and prowling. 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. 1sr READING ~ ~~_-~ 7 Member of the Common Cour~cil PUQLIC HEARING y-2~.- y'7 rd READING y Z~-G~~ ~•JOT APPROVED ' REFERRED PASSED L~ 7~',.~7