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ORDINANCE NO. ~ ~ ~~~ <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE <br />ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF DALE <br />STREET, FROM DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A <br />DISTANCE OF 153.5 FEET AND A WIDTH OF 14 FEET <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 <br />THE CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held a <br />public hearing on the petition to vacate the following property: <br />THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF <br />DALE STREET, FROM DAYTON STREET TO THE FIRST EAST/WEST ALLEY <br />FOR A DISTANCE OF 153.5 FEET AND A WIDTH OF 14 FEET <br />SECTION II. The City of South Bend hereby reserves the rights and easements of <br />all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br />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 />Lot Number 018-7054-2040 and Lot Number 018-7053-2024 <br />SECTION IV. The purpose of the vacation of the real property is to consolidate <br />the two properties that we own. This would make it easier to maintain the trash that gets <br />thrown there on a daily basis. It would also make the area safer. <br />SECTION V. This ordinance shall be in full force and effect from and after its <br />passage by the Common Council and approval by the Mayor. <br />