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ORDINANCE NO. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />A PORTION OF RIGHT -OF -WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON <br />STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF <br />SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. <br />JOSEPH COUNTY, INDIANA <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36- 7 -3 -12, the Common <br />Council is charged with the authority to hear all petitions to <br />vacate public ways or public places within the City. <br />The following Ordinance vacates the above - described <br />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 <br />having held a public hearing on the petition to vacate the <br />following property: <br />A PORTION OF RIGHT -OF -WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON <br />STREET AND EDDY STREET, BEING A PART OF THE NORTHEAST QUARTER OF <br />SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. <br />JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br />BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT -OF -WAY LINE OF <br />NAPOLEON STREET AND THE WEST RIGHT -OF -WAY LINE OF EDDY STREET; THENCE <br />S. 90 °00'00" W, ALONG THE NORTH RIGHT -OF -WAY LINE OF NAPOLEON STREET FOR <br />A DISTANCE OF 195.00 FEET; THENCE N 00 100'00" W A DISTANCE OF 8.10 FEET; <br />THENCE N 88 044123" E A DISTANCE OF 195.05 FEET TO THE.WEST RIGHT -OF -WAY <br />LINE OF EDDY STREET; THENCE S 90 °00'00" E ALONG SAID RIGHT -OF -WAY LINE, <br />A DISTANCE OF 12.39 FEET TO THE POINT OF BEGINNING. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the <br />rights and easements of all utilities and the Municipal City of <br />South Bend, Indiana, to construct and maintain any facilities, <br />including, but not limited to, the following: electric, <br />telephone, gas, water, sewer, surface water control structures <br />and. ditches, within the vacated right -of -way, unless such <br />rights are released by the individual utilities. <br />