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ORDINANCE NO. 1 ~ 3 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE FIRST ALLEY NORTH OF JEFFERSON BLVD, BETWEEN 36T" ST. TO <br />THE WEST AND THE NORTH/SOUTH ALLEY BETWEEN JEFFERSON BLVD <br />AND MARSHALL AVE. TO THE EAST <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 />Gity. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />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 East/VUest alley North of Jefferson Blvd from the East <br />right of way line of 36th Street to the first North/South alley for a distance of 144 feet, <br />more or less, and a width of 14 feet. Said vacation to include the two angles that were <br />dedicated for turns at the North/South alley. Being a part of Belmont Addition to the <br />City of South Bend, 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 />Lots 24, 25, 26 and 27 <br />SECTION IV. The purpose of the vacation of the real property is to prevent the <br />constant traffic through the alley by-passing the light on Logan and Jefferson. The <br />public uses this section of alley as a thoroughfare to go between Logan and 36th St. <br />The cars speed through the alley, deposit their trash in the parking lot, use the parking <br />lot to dry their cars from the adjacent car wash. Since the alley is in such disrepair, the <br />