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ORDINANCE N0. ~ ~ ~ $~~~ <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />The alley to be vacated is a portion of the first East/West alley North of Colfax <br />Avenue starting from Frances Street proceeding for a distance of 91.81 feet <br />westerly and a width of 14 feet. Being a part of Cottrell's Addition to the City <br />of South Bend, Portage Township, St. Joseph County, Indiana. <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged <br />with the authority to hear all petitions to vacate public ways or public places within the <br />City. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held a Public <br />Hearing on the petition to vacate the following property: <br />The alley to be vacated is a portion of the first East/West alley North of Colfax <br />Avenue starting from Frances Street proceeding for a distance of 91.81 feet <br />westerly and a width of 14 feet. Being a part of Cottrell's Addition to the City <br />of South Bend, Portage Township, St. Joseph County, Indiana. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the rights and easements <br />of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain <br />any facilities, including, but not limited to, the following: electric, telephone, gas, water, <br />sewer, surface water control structures and ditches, within the vacated right-of-way, <br />unless such rights are released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected <br />by such vacating: <br />18-5016-0554 OB-GYN Associates of South Bend <br />18-5016-0561 Kelly Family Trust <br />18-5016-0559 William Paul, LLC <br />18-5016-0561.01 South Bend Clinic <br />