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ORDINANCE 121.88 feet to the place <br />NO. 9778-07 of beginning. Containing <br />.N ORDINANCE TO 0.175 acres, more or <br />/ACATE THE FO L- less <br />LOWINQ DESCRIBED Hereby determines that it <br />PROPERTY: THE is desirable to vacate <br />STREET TO BE VA- said property. <br />CATED IS A PORTION SECTION II. The City of <br />OF BRICK ROAD South Bend hereby re- <br />RIGHT OF WAY LO- serves the rights and <br />CATED IN THE NORTH easements of all utilities <br />~h OF THE NORTH- and the Municipal City <br />WEST QUARTER OF of South Bend, Indiana, <br />SECTION 19, TOWN- to construct and main- <br />SHIP 38 NORTH, fain any facilities, in- <br />RANGE 2 EAST, GER• eluding, but not limited <br />MAN TOWNSHIP, CITY to, the following: elec- <br />OF SOUTH BEND, ST. tric, telephone, gas, wa- <br />JOSEPH COUNTY, IN- ter, sewer, surface water <br />DIANA control structures and , <br />STATEMENT OF ditches, within the va- <br />'URPOSE AND INTENT Gated right-of-way, un- <br />~ursuant to Indiana less such rights are re- <br />Code Section 36-7-3- leased by the individual <br />the Common Coun- <br />12 utilities. <br />, <br />Gil is charged with the SECTION III. The fol- <br />authority to hear all peti- lowing property may be <br />lions to vacate public injuriously or beneficially <br />ways or public places affected by such vacat- <br />within the City. ing: <br />fhe following Ordinance David E. and Pauline <br />vacates the abovede-. Koehler 04-1010- <br />seribed public property: 0175.02 <br />VOW, THEREFORE, BE <br />IT ORDAINED BY THE Leonard. and Flora <br />COMMON COUNCIL Chitekwe 04-1010- <br />OF THE CITY OF 0178.14 <br />SOUTH BEND, INDI- SECTION IV. The pur- <br />ANA, as follows: pose of the vacation of <br />SECTION 1. The Com- the real property is that <br />mon Council of the City the parcel in question is <br />of South Bend having a sliver of real estate <br />held a public hearing on abutting the property of <br />the petition to vacate the petitioner and Brick <br />the following property: Road. The property was <br />Commencing at the previously owned by the <br />Northwest corner of the Sate of Indiana and <br />East +/z of the Northwest given to the City of <br />Quarter of said Section South Bend, and has no <br />19; thence N 89 55'36" other use than to be in- <br />E along the North line of corporated into the <br />said Section 19 (also property of the peti- <br />being the centerline of boner. <br />Brick Road) a distance SECTION V. This ordi- <br />of 50 feet; thence South Hance shall be in full <br />to the South right of force and effect from <br />way line of Brick Road a and after its passage by <br />distance of 40 feet; the Common Council <br />thence along said South and approval by the <br />line of Brick Road N 89 Mayor. <br />65'38" E a distance of Timothy A. Rouse <br />220.15 feet; to the Member of the <br />place of beginning; Common Council <br />thence continuing along Passed on August 27, <br />said South right of way 2007, by the Common <br />of Brick Road, N 89 Council of the City of <br />55'38"E'a di§tande~of South Bend, Indiana..^~ <br />206.40 feet to-the West Presented to, approved <br />right of way line of and signed by Mayor, <br />Quality Drive; thence S Stephen J. Luecke, on <br />00 52'04" E along said August 29, 2007. <br />West line of Quality Approved: <br />Drive, a distance of Timothy A. Rouse, <br />51.81 feet; thence N 88 President <br />4724" W a distance-of John Voorde, City Clerk <br />95.86 feet; thenceN-66 tt:9:7 <br />01'40" W a distance of <br />of Indiana <br />'of;eph County as: <br />ovally appeared before.me, a ,notary public in and.:for said county and <br />:, the undersigned Carol Smith <br />being duly sworn says that she is of competent age and is <br />Advertising Director of The South Bend Tribune, a <br />y newspaper which for at least five (S) consecutive years has been <br />Lished in the City of South Bend, county of St. Joseph, State of Indiana, <br />which during that time, has been a newspaper of general circulation, <br />.ng a bona fide paid circulation, printed in the English language and <br />red, authorized and accepted by the post office department of the <br />ed States of America as mailable matter of fhe• second-class as defined <br />he act of Congress of the United States of March 3, 1879, and that the <br />fed matter attached hereto is a true copy, which was duly published in <br />newspaper. <br />1 time s, the dates of publication being as follows: <br />September 7, 2007 <br />~~ <br />cribed and sworn to before me this 7th day <br />September 2007 . <br />~ Geraldine Dickey <br />Notary Public <br />~• "` - " Resident of St. Joseph County <br />My commission expires January 28, 2009 <br />Charges X61.18 <br />