08-13-12 Council Agenda & Packet

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ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A part of the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street to the West Michigan Street right of way. 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 alley to be vacated is a part of the first East/West alley North of Madison Street beginning 5 feet West of the first North-South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance#7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. The alley is a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION Il. 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 159, 160, 165 and 166 of the Original Town,now City of South Bend.