06-25-12 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRST EAST/WEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EASTMEST ALLEY 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 FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET, FROM LONGLEY AVENUE TO THE FIRS EASTNVEST ALLEY FOR A CENTERLINE DISTANCE OF 125.71 FEET AND A WIDTH OF 14 FEET INCLUDING ONE ANGLED CORNER AT THE EAST/WEST ALLEY. BEING PART OF JANKOWSKI'S SUBDIVISION OF SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION AND ALSO BEING A PART OF THE WHITCOMB AND KELLER'S SUBDIVISION OF THE SOUTH PART OF LOT 11, KUNSTMAN AND MEYER'S ADDITION, PORTAGE TOWNSHIP, 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.