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• <br /> • . <br /> SUBSTITUTE ORDINANCE NO. d V 9~J- N <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, VACATING TUTT STREET FROM MAIN STREET TO THE <br /> FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET AND <br /> VACATING THE FIRST NORTH-SOUTH ALLEY EAST OF MAIN <br /> STREET FROM TUTT" STREET, TO THE SOUTH TO THE FIRST <br /> EAST-WEST ALLEY NORTH OF TUTT STREET, TO THE NORTH <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to I.C. 36-7-3-12, the Common Council is charged with <br /> the authority to hear all petitions to vacate public ways or <br /> public places within the City of South Bend. The City of South <br /> Bend Department of Redevelopment and. Schafer Gear Works, Inc. , <br /> owners of the certain property have petitioned the Common Council <br /> to vacate a certain public rights-of-way which that property <br /> abuts. <br /> This Ordinance vacates the below-described public right-of-way <br /> as petitioned. <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 /> Indiana having held a public hearing on the petition of the City <br /> of South Bend Department of Redevelopment and Schafer Gear Works, <br /> Inc. , to vacate the following described right-of-way in South <br /> Bend, St. Joseph County, Indiana: <br /> Tutt Street, from Main Street to the first north- <br /> south alley west of Michigan Street, <br /> and <br /> The first north-south alley east of Main Street <br /> from Tutt Street, to the south to the first <br /> east-west alley north of Tutt Street, to the <br /> north <br /> hereby determines that it is desirable and in the best interests of <br /> the City to vacate said public right-of-way and does hereby vacate <br /> said public right-of-way. <br /> Section II. The City of South Bend, Indiana hereby reserves the <br /> rights and easements of all utilities and Municipal City of South <br /> Bend, Indiana to construct and maintain any facilities including, but <br /> not limited to, the following: electric, telephone., gas, water, <br /> sewer, surface water control structures and ditches, within the <br /> vacated right-of-way, unless and to the extent such rights are <br /> released by the individual utilities. <br /> Section III , The following property, owned by the indicated <br /> parties, may be beneficially affected by such vacation: <br /> Name & Address Legal Description <br /> South Bend Department of LOTS 252 253 254 & TRI PART <br /> Redevelopment NW CORNER LOT 255 <br /> 1200 County-City Building D GARSTS 1ST ADDITION <br />