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TRI COUNTY.NEWS, INC. <br />POST OFFICE BOX 6666 <br />SOUTH BEND, IN 46660-66661 <br />TELEPHONE: (574) 243-4664 <br />Fax: (574)243-4916 <br />PROOF OF PUBLICATION <br />State of Indiana, St. Joseph County, ss.: <br />Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri County News; <br />that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of <br />general circulation printed and published in the English language in the City of So th Bend, in the aforesaid <br />county and state; that a notice of which th copy ached hereto is T true co ~' copy, was published in <br />said newspaper. <br />~_ time(s), the date of publication being as follows: <br />8/3/2007 <br />Fee: $35.71 <br />Subscribed and sworn to before me this 3rd day of August, 2007 <br /> <br />Lisa J. Andrysiak, Notary Public <br />Resident, St. Joseph County <br />My Commission expires February 16, 2008 <br />PROOF OF PUBLICATION <br />ORDINANCE N0. 9773-07 <br />AN ORDINANCE TO VACATE THE FOLLOWING <br />DESCRIBED PROPERTY: THE ALLEY NORTH <br />OF CORBY BLVD. FROM FRANCES STREET TO <br />NOTRE DAME AVENUE FOR A DISTANCE OF228 <br />FEETAND A yNpT}T OF 14 FEEL BEING A PART <br />OF SORINS' 2ND AD6.^rON, PORTAGE TOWN- <br />SHIP, CITY SOUTH BEND Sl ,^SEPH000NTY, <br />INDIANA <br />STATEMENT OF PURPOSEANDINTENT <br />Pursuant fo Indiana Code Section 36-7-3-12, the <br />Cannon Council is charged with the authority to <br />hear atl petigons m vacate public ways a pudic <br />places within the City. <br />The following Ordinance vacates the above de- <br />scribed public property <br />NOW, THEREFORE, BE R ORDAINED BY THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, as folbws: <br />SECTION I. The Comnron Council of the City of <br />South Bend having held a public hearing on the <br />petition to vacate the fdlovhng propedy: <br />7HE ALLEY NORTH OF CORBY BLVD. FROM <br />FRANCES STREET TO NOTRE DAME AVENUE <br />FOR A DISTANCE OF 228 FEETAND A WIDTH OF <br />14 FEET. BEING A PART OF SORIN5 2ND ADDI- <br />TION, PORTAGETOWNSHIP,CITY SOIJTHBEND, <br />ST JOSEPH COU ,, irvNlfi'inAnln <br />Hereby determines that it is desirable to vacate <br />said property. <br />SECTION IL The City of South Bend hereby re- <br />serves the dghts and easements of all u8lities and <br />the Municipal City of South Bend, Indiana, m coo- <br />struct and maintain arty facilities, induding, but not <br />limited to, the fdlrnving: electric, telephone, gas, <br />water, sexer, surface water conhrol stmdures and <br />ditches, wdhin the vacated dght-0f~vay, unless such <br />rights are released by the Individual utilities. <br />SECTION III. The fdbwing property may be info- <br />riously or berreficialty aftected by such vacating: <br />Lot number 3722 <br />Lot number 3724 <br />Lot number 3725 <br />Lot number 3727 <br />SECTION IV The purpose of the vaca8on of the <br />real property is to increase safety in the area This <br />alley is u8lized as a driveway for twrrres that border <br />the alley. These homes have young children which <br />are often playing near the alley on a daily basis. <br />The alley way has also been noted to fadlitate <br />vandalism or other crimes in the area <br />SECTION V This ordinance shall be in full farce <br />and effed from and otter Rs passage by the Con <br />non Council and approval by the Mayor, and upon <br />recording of a cross access easement between <br />the property owner and the centiguous property <br />owners. <br />Timothy A Rouse <br />Member of the Cannon Council <br />Passed on Juty 23, 2007, by the Common Councl <br />of the Cdy of South Bend, Indiana, as amended. <br />Presented to, approved and signed by Mayor <br />Stephen J. Luedce, on Juty 25, 2007. <br />Approved: Timothy A. Rouse, Presiderd of the <br />Common Coundl <br />Jahn Voorde, City Clerk <br />tt,8-3 <br />