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ORDINANCE
<br />AN ORD NANCE TO
<br />-VACATE rur ..._.
<br />PROPERTYut THE ALD-
<br />LEY TO BE VACATED IS
<br />THE FIRST EAST/WEST
<br />ALLEY NORTH OF
<br />NORTHSIDE BOULE-
<br />VARD, FROM 21 ST
<br />STREET, WEST TO THE
<br />FIRST .NORTH/SOUTH
<br />ALLEY FOR A DIS-
<br />TANCE OF 133.5 FEET
<br />AND A WIDTH OF 14
<br />FEET. BEING A PART
<br />OF DUNN'S 1ST ADDI-
<br />TION, PORTAGE
<br />TOWNSHIP, CITY OF
<br />SOUTH BEND, ST. JO-
<br />SEPH COUNTY, INDI-
<br />ANA
<br />'PURPOSE ANDTINTENT
<br />Pursuant to Indiana Code
<br />Section 38-7-3.12, 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 />ary.
<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,;SS fo/lows'r; ~_,,,,
<br />`SECTIO(V-.G• ~9'he '(;om-
<br />'inon Council 'of the City
<br />of South Bend having
<br />held a public hearing on
<br />the petition to vacate the
<br />following property:
<br />The alley to be vacated is
<br />the first east/west alley
<br />north of Northside
<br />Boulevard, from 21st
<br />Street, west to the first
<br />north/south alley for a
<br />distance of 133.5 feet
<br />and a width of 14 feet.
<br />Being apart of Dunn's
<br />1st Addition, Portage
<br />Township, City of South
<br />Bend, St. Joseph County,
<br />Indiana
<br />Hereby determines that it
<br />is desirable to vacate
<br />said property.
<br />SECTION II. The City of
<br />South Bend hereby re-
<br />serves the rights and
<br />easements of all utilities
<br />and the Municipal City of
<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 fol-:
<br />lowing property may' be
<br />inivriously or beneficially . .
<br />affected. by 'sa~rr:v~pat- "'•
<br />Dunn's 1sf Addition,
<br />1,2,30 and 31.
<br />SECTION IV. The pur-
<br />pose of the vacation of
<br />the real property is to
<br />eliminate the alley which
<br />accesses and divides an
<br />existing parking lot. This
<br />parking lot has access
<br />from 21st Street
<br />SECTION V. This ordi-
<br />nance shall be subject to '
<br />an access agreement
<br />with the South Bend Fire
<br />Department and then
<br />shall be in full force and
<br />effect from and after its
<br />passagebx the,Common
<br />Council-~nd'approval~by`~
<br />the Mayor.
<br />Timothy A. Rouse
<br />Member of the
<br />Common Council
<br />Passed on August 27,
<br />2007, by the Common
<br />Council of the City of
<br />South Bend, Indiana, as
<br />amended.
<br />Presented to, approved
<br />and signed by Mayor
<br />Stephen J. Luecke, on'
<br />August 29, 2007.
<br />Approved:
<br />Timothy A, Rouse,
<br />President of the
<br />Common Council
<br />John Voorde, City Clerk
<br />1 t: 9: 7
<br />State of Indiana
<br />St. Joseph County ss:
<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 (S) 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 />September 7, 2007
<br />~~
<br />Subscribed and sworn to before me this 7th day
<br />of September 2007 .
<br />Geraldine Dickey
<br />. Notary Public
<br />' Resident of St. Joseph County
<br />My commission expires January 28, 2009
<br />Charges X44.82
<br />
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