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<br /> SUBSTITUTE BILL NO. 20-95
<br /> ORDINANCE NO. gj -
<br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
<br /> NORTH-SOUTH ALLEY WEST OF S. FRANKLIN ST. , FROM THE NORTH RIGHT-OF-WAY
<br /> LINE OF W. INDIANA AVE. , NORTH FOR A DISTANCE OF APPROXIMATELY 121.64
<br /> FEET AND A WIDTH OF APPROXIMATELY 14 FEET, THENCE NORTHWESTERLY AND
<br /> PARALLEL TO THE PENN CENTRAL RAIL ROAD RIGHT-OF-WAY FOR A DISTANCE OF
<br /> APPROXIMATELY 63 FEET AND A WIDTH OF APPROXIMATELY 14 FEET, PART
<br /> SITUATED IN STULL'S FOURTH ADDITION TO THE CITY OF SOUTH BEND.
<br /> STATEMENT OF PURPOSE AND INTENT: Pursuant to Indiana Code Section
<br /> 36-7-3-12, the..Common Council of the City of South Bend is charged
<br /> with the authority to hear all petitions to vacate public ways or
<br /> public places within the City. This Ordinance vacates the above
<br /> described public property.
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
<br /> OF SOUTH BEND, INDIANA, as follows:
<br /> SECTION I . The Common Council of the City of South Bend, having
<br /> held a public hearing on the' petition to vacate the following
<br /> property:
<br /> The first north-south alley west of S. Franklin St. , from the
<br /> north right-of-way line of W. Indiana Ave. , north for a distance
<br /> of approximately 121.64 feet and a width of approximately 14
<br /> feet, thence northwesterly and parallel to the Penn Central Rail
<br /> Road right-of-way for a distance of approximately 63 feet and a
<br /> width of approximately 14 feet.
<br /> Part situated in Stull's Fourth Addition to the City of South
<br /> Bend,
<br /> hereby determines that it is desirable to vacate said property.
<br /> SECTION II. The City of South Bend hereby reserves the rights
<br /> and easements of all utilities and the Municipal City of South Bend,
<br /> Indiana, to construct and maintain any facilities, including, but not
<br /> limited to, the following: electric, telephone, gas, water, sewer,
<br /> surface water control structures and ditches, within the vacated
<br /> right-of-way, unless such rights are released by the individual
<br /> utilities.
<br /> SECTION III. The following property may be injuriously or
<br /> beneficially affected by such vacating:
<br /> The following property located in Stull's 4th Addition to the City of
<br /> South Bend: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 51, 52, 53, 54, 55, and
<br /> 56; the following property located in Stull's 1st Addition to the Town
<br /> of Myler: Lots 65, 66, 67, 68, 69, 70; and the lots between railroads
<br /> north and adjacent to Stull's 4th Addition in Portage Township Section
<br /> 14-37-2E, being Key Nos. 18-8027-1104.01 and 18-8027-1104.02.
<br /> SECTION IV. The purpose of the vacation of the real property is
<br /> to enable Keener Printing, Inc. , to expand its facilities at its West
<br /> Indiana Avenue location and to increase its employment and its
<br /> investment in the Urban Enterprise Zone and the Sample-Ewing
<br /> Development Area.
<br /> SECTION V. This ordinance shall be in full force and effect from
<br /> and after its passage by the Common Council and approval by the Mayor.
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