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08-22-11 Council Agenda & Packet
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08-22-11 Council Agenda & Packet
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8/18/2011 2:10:09 PM
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ORDINANCE NO. <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br /> The first East/West alley North of Cedar Street, from Niles Avenue East, <br /> 172 feet East/West to the vacated North/South Alley. <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority <br /> 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 CITY OF <br /> SOUTH BEND, INDIANA, as follows. <br /> SECTION I. The Common Council of the City of South Bend having held a Public Hearing on <br /> the petition to vacate the following property: <br /> The alley to be vacated is the first East/West alley North of Cedar Street, from Niles Avenue <br /> East to the vacated North/South alley (Vacation Ordinance #9521-04) for a distance of 172 feet <br /> and a width of 14 feet, being a part of Cottrell's Addition and also a part of the Original Town of <br /> Lowell (now City of South Bend) in the City of South Bend, St. Joseph County, Indiana. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities <br /> and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but <br /> not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and <br /> ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. <br /> SECTION III. The following property may be injuriously or beneficially affected by such <br /> vacating: <br /> Memorial Hospital of South Bend, Inc. (Key No. 018-5008-0195 & 018-5023-0804) <br /> Section IV. The purpose of the vacation of the real property is to make better use of the <br /> property currently separated by said alley in preparation of a subdivision which shall incorporate it. <br /> bocument2 <br />
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