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ORDINANCE NO. go -% AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Ivy Road from the North right-of-way line of South Bend Avenue (S.R.23) to the South right-of-way of Edison Road for a distance of approximately 260 feet in length and 60 feet in width; part situated in the Northwest quarter of the West one-half of the Northeast quarter of Section 6, Township 37 North, Range 3 East, Portage Township, South Bend, St . Joseph County, Indiana. The purpose and intent of vacating Ivy Road is for public safety as State Road 23 will be expanded by the State of Indiana to four (4) lanes. In addition thereto, the vacation of Ivy Road will permit the continued vitality of three (3) long time existing businesses at that intersection with adequate parking. Pursuant to Indiana Code Section 36-7-3-12, the Common - Council is charged with the authority to hear all petitions to vacate ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I . The common Council of the City of South Bend. having held a public hearing on the petition to vacate the following property: Ivy Road from the North right-of-way line of South Bend Avenue (S.R. 23) to the South right-of-way of Edison Road for distance of approximately 260 feet in length and 60 feet in width; part situated in the Northwest quarter of the West one-half of the Northeast quarter of Section 6, Township 37 North, Range 3 East, Portage Township, South Bend, St . Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II . The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III . The following property may be injuriously or beneficially affected by such vacating: University of Notre Dame SECTION IV. The purpose of the vacation of the real property is to: Assure public safety as State Road 23 will be expanded to four (4) lanes and the Department of Engineering for the City of South Bend supports said vacation of Ivy Road. In addition thereto, the vacation of Ivy Road will permit the continued vitality of three (3) long time existing businesses at that intersection with adequate parking. SECTION V. This Ordinance shall be in full force and effect from anti aft-Pr i to naaaamm by i-ha rnmmnn Onnnri l and annrnval by