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BILL NO. 07-18 <br /> ORDINANCE NO. <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br /> THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' <br /> SOUTH ON SOUTH ST. JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH <br /> RIGHT OF WAY, RUNNING SOUTH APPROXIMATELY 75', THEN WEST <br /> APPROXIMATELY 88', THEN NORTH APPROXIMATELY 109' TO A POINT <br /> APPROXIMATELY 530' SOUTH ALONG SOUTH ST. JOSEPH STREET FROM THE EAST <br /> IRELAND SOUTH RIGHT OF WAY <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 /> The following Ordinance vacates the above described public property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I. The Common Council of the City of South Bend having held a Public Hearing <br /> on the petition to vacate the following property: <br /> THE RIGHT OF WAY TO BE VACATED BEGINS AT A POINT APPROXIMATELY 565' SOUTH <br /> ON SOUTH ST.JOSEPH STREET FROM THE EAST IRELAND ROAD SOUTH RIGHT OF WAY, <br /> RUNNING SOUTH APPROXIMATELY 75',THEN WEST APPROXIMATELY 88',THEN NORTH <br /> APPROXIMATELY 109' TO A POINT APPROXIMATELY 530' SOUTH ALONG SOUTH ST. <br /> JOSEPH STREET FROM THE EAST IRELAND SOUTH RIGHT OF WAY <br /> Now 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 facilities, <br /> including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water <br /> control structures and ditches, within the vacated right-of-way, unless such rights are released by <br /> the individual utilities. <br /> SECTION III. The following property may be injuriously or beneficially affected by such <br /> vacating: <br /> 023-1035-1766 (Menard, Inc.) <br /> 023-1035-1771 (Menard, Inc.) <br /> SECTION IV. The purpose of the vacation of the real property is to allow Menard, Inc. to <br /> redevelop the former K-Mart property, realign St. Joseph Street at the Callendar Street intersection, and <br /> widen the Menard, Inc. property south of the right of way vacation sufficient to allow the construction of <br />