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ORDINANCE NO. 10516-17 <br /> AN ORDINANCE TO AMEND, CORRECT, AND REPLACE ORDINANCE NO. <br /> 10431-16 TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br /> THE FIRST NORTH/SOUTH ALLEY EAST OF CUSHING STREET FROM LINCOLN <br /> WAY WEST TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND <br /> A WIDTH OF 14 FEET. SAID ALLEY BEING A PART HEINTZMAN'S ADDITION AND <br /> KUNSTMAN'S ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. <br /> JOSEPH COUNTY, INDIANA <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the <br /> authority to hear all petitions to vacate public ways or public places within the City. <br /> On April 11, 2016 this Council Passed Ord. No. 10431-16 to vacate an alley right of way. <br /> However, the legal description of the described property was subsequently discovered to <br /> be incorrect, describing the wrong property to be vacated. This ordinance amends and <br /> corrects the legal description by including the correct legal description of the alley to be <br /> vacated and it replaces Ordinance No. 10431-16 by vacating the correctly described <br /> property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br /> OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I. The Common Council of the City of South Bend having held a Public <br /> Hearing on the petition to vacate the following property: <br /> THE FIRST NORTH/SOUTH ALLEY EAST OF CUSHING STREET FROM LINCOLN <br /> WAY WEST TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND <br /> A WIDTH OF 14 FEET. SAID ALLEY BEING A PART HEINTZMAN'S ADDITION AND <br /> KUNSTMAN'S ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. <br /> JOSEPH COUNTY, INDIANA <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II. The City of South Bend hereby reserves the rights and easements of all <br /> utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br /> facilities, including,but not limited to,the following: electric,telephone, gas, water, <br /> sewer, surface water control structures and ditches, within the vacated right-of-way, <br /> unless such rights are released by the individual utilities. <br /> SECTION III. The following property may be injuriously or beneficially affected by <br /> such vacating: <br /> Lot Number County Parcel ID Number Current Owner <br /> 1 &2 018-1028-1259 Wadad El-Ammori <br />