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ORDINANCE NO. g 64/6-96 <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY <br /> THE FIRST EAST-WEST ALLEY NORTH OF WEST MARION STREET FROM THE EAST <br /> RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY WEST OF NORTH <br /> MICHIGAN STREET TO THE WEST RIGHT-OF-WAY LINE OF NORTH, MICHIGAN <br /> STREET FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH OF <br /> 14 FEET. THIS ALLEY IS SITUATED IN THE ORIGINAL TOWN OF <br /> SOUTH BEND, ST. JOSEPH COUNTY, INDIANA <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council <br /> is charged with the authority to hear all petitions to vacate <br /> public ways or public places within the City. <br /> The following Ordinance vacates the above described public <br /> 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 <br /> having held a public hearing on the petition to vacate the <br /> following property: <br /> THE FIRST EAST-WEST ALLEY NORTH OF WEST MARION STREET <br /> FROM THE EAST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH <br /> ALLEY WEST OF NORTH MICHIGAN STREET TO THE WEST RIGHT-OF- <br /> WAY LINE OF NORTH MICHIGAN STREET FOR A DISTANCE OF <br /> APPROXIMATELY 165 FEET AND A WIDTH OF 14 FEET. THIS <br /> ALLEY IS SITUATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. <br /> JOSEPH COUNTY, INDIANA <br /> hereby determines that it is desirable to vacate said property, <br /> subject to an Easement Agreement which shall be recorded by the <br /> petitioner with a copy being filed with the City Clerk. <br /> SECTION II. The City of South Bend hereby reserves the rights <br /> and easements of all utilities and the Municipal City of South <br /> Bend, Indiana, to construct and maintain any facilities, including, <br /> but not limited to, the following: electric, telephone, gas, <br /> water, sewer, surface water control structures and ditches, within <br /> the vacated right-of-way, unless such rights are released by the <br /> individual utilities. <br /> SECTION III. The following property may be injuriously or <br /> beneficially affected by such vacating: <br /> Lot Numbered 151, 152 and 153 as shown on the Plat of the <br /> Original Town of South Bend, Indiana <br /> SECTION IV. The purpose of the vacation of the real property <br /> is to: <br /> To permit parking on the alley as well as the two <br /> adjacent parcels, north and south of the said alley which <br /> are owned by the Petitioner <br /> SECTION V. This ordinance shall be in full force and effect <br />