23-17 Vacation- Alley Vacation at High and Marietta Streets

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1" NW alley running N approximately 170' and 14' wide from Indiana Ave., W. of High Street and E. of Marietta Street. 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 haring, held a Public Hearing on the petition to vacate the following property: I" NW alley running N approximately 170' and 14' wide from Indiana Ave., W. of High Street and E. of Marietta Street. 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: LOTS 018-7029-1145, 018-7029-1144, 018-7029-1131, 018-7029-1130 Section IV. The purpose of the vacation of the real property is to conjoin the property owners two properties. 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.