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<br />ORDINANCE
<br />NO. 9773-07
<br />AN ~ ORDINANCE TO
<br />VACATE THE FOL-
<br />, LOWING DESCRIBED
<br />PROPERTY: THE AL-
<br />LEY NORTH OF CORBY
<br />BLVD. FROM FRANCES
<br />STREET TO NOTRE
<br />DAME AVENUE FOR A
<br />DISTANCE OF 228
<br />FEET AND A WIDTH OF
<br />14 FEET. BEING A
<br />PART OF SORINS' 2ND
<br />ADDITION, PORTAGE
<br />TOWNSHIP, CITY
<br />SOUTH BEND, ST. JO-
<br />SEPH COUNTY, INDI-
<br />ANA
<br />STATEMENT OF
<br />PURPOSE AND INTENT
<br />Pursuant to Indiana Code
<br />Section 36-7-3-12, the
<br />Common Council is ~~~-
<br />charged with the author-
<br />ity to hear all petitions to
<br />vacate public ways or
<br />public places within the
<br />City.
<br />The following Ordinance
<br />vacates the above de-
<br />scribed public property.
<br />NOW, THEREFORE, BE
<br />IT ORDAINED BY THE
<br />COMMON COUNCIL
<br />OF THE CITY OF
<br />SOUTH BEND, INDI-
<br />ANA, as follows:
<br />SECTION I. The Common
<br />Council of the City of
<br />South Bend having held
<br />a public hearing on the
<br />petition to " vacate the
<br />following propperty:' ~-
<br />THE'ALLEY fiIORTH OF
<br />CORBY BLVD. FROM
<br />FRANCES STREET TO
<br />NOTRE DAME AVENUE
<br />FOR A DISTANCE OF
<br />228 FEET AND A
<br />WIDTH OF 14 FEET.
<br />BEING A PART OF SO-
<br />RINS' 2ND ADDITION,
<br />PORTAGE TOWNSHIP,
<br />CITY SOUTH BEND, ST.
<br />JOSEPH COUNTY, IN-
<br />DIANA
<br />Hereby determines that it
<br />is desirable to vacate
<br />said property.
<br />SECTION I1. The City of
<br />South Bend hereby re-
<br />serves the rights and
<br />easements of all utilities
<br />and the Municipal City or
<br />South Bend, Indiana, to
<br />construct and maintain
<br />any facilities, including,
<br />but not limited to, the
<br />following: electric, tele•
<br />phone, gas, water, sewer,
<br />surface water control
<br />structures and ditches,
<br />within the vacated right-
<br />of-way, unless such
<br />rights are released by
<br />the individual utilities.
<br />SECTION III. The follow-
<br />ing property may be inju•
<br />riously or beneficially af-
<br />fected by such vacating:
<br />Lot number 3722
<br />Lot number 3724
<br />Lot number 3725
<br />Lot number 3727
<br />SECTION IV. The pur-
<br />pose of the vacation of
<br />the real property is toin-
<br />ereasesafety,'in the area.
<br />This alley is utilized as a
<br />driveway for homes that
<br />border the alley. These
<br />homes have young chil-
<br />dren which are often
<br />playing near the alley on
<br />a daily basis. The alley
<br />way has also been noted
<br />to facilitate vandalism or
<br />other crimes in the area.
<br />SECTION V. This ordi-
<br />nance shall be in full
<br />force and effect from and
<br />after its passage by the
<br />Common Council and
<br />approval by the Mayor,
<br />and upon recording of a
<br />crossaccess easement
<br />between "the- property
<br />owner and the contigu-
<br />ous property owners.
<br />Timothy A. Rouse
<br />Member of the
<br />,. Common Council
<br />Passed onJuly~23, 2007,
<br />by the Common Council
<br />of the City of South
<br />Bend, Indiana, as
<br />amended.
<br />Presented to, approved
<br />and signed by Mayor
<br />Stephen J. Luecke, on
<br />July 25, 2007.
<br />Approved:
<br />Timothy A. Rouse,
<br />President of the
<br />Common Council
<br />John Voorde, City Clerk
<br />t t: R: R
<br />State of Indiana
<br />St. 7oseph County se:
<br />Personally appeared before me, a notary-public in and for said county and
<br />state, the undersigned Carol Smith
<br />who, being duly sworn says that she is of competent age and is
<br />Advertising Director of The South Bend Tribune, a
<br />daily newspaper which for at least five (5) consecutive years has been
<br />published in the City of South Bend, county of St. Joseph, State of Indiana,
<br />and which during that time, has been a newspaper of general circulation,
<br />having a bona fide paid circulation, printed in the English language and
<br />entered, authorized and accepted by the post office department of the
<br />United States of America as mailable matter of the second-class as defined
<br />by the act of Congress of the United States of March- 3, 1879, and that the
<br />printed matter attached hereto is a true copy, which was duly published in
<br />said newspaper.
<br />1 time s, the dates of publication being as follows:
<br />August 3, 2007
<br />C~~~P
<br />Subscribed and sworn to before me this 3rd day
<br />of August 2007 .
<br />Geraldine Dickey
<br />Notary Public
<br />Resident of St. Joseph County
<br />My commission expires January 28, 2009
<br />Charges $46.97
<br />
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