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<br />distance of 10 feet
<br />of this description
<br />more or less.
<br />to the Point of Beginning
<br />and containing 0.027 acre,
<br />hereby determines that it is desirable to vacate said property.
<br />SECTION II. The City of South Bend hereby reserves the
<br />rights and easements of all utilities and the Municipal City of
<br />South Bend, Indiana to construct and maintain any facilities,
<br />including, but not limited to, the following: electric, telephone,
<br />gas, water, sewer, surface water control structures and ditches,
<br />within the vacated right -of -way, unless such rights are released by
<br />the individual utilities.
<br />SECTION III. The following property may be injuriously
<br />or beneficially affected by such vacating: St. Joseph's Medical
<br />Center, Inc., 801 East LaSalle Street, South Bend, Indiana 46634.
<br />SECTION IV. The purpose of the vacation of the real
<br />property is to: Increase and improve the parking areas serving
<br />Saint Joseph's Medical Center, Inc., while preserving a right of
<br />access to owners of_ Lots 1, 2, 3, 4, 5, 6, 12 and 13 in Dunn's
<br />Subdivision in the City of South Bend, and their tenants, invitees,
<br />and successors.
<br />SECTION V. Vacation of the public property described in
<br />this ordinance is subject to the condition that Saint Joseph's
<br />Medical Center, Inc. create and grant, by written instrument
<br />recorded in the office of the Recorder of St. Joseph County, an
<br />access easement, for ingress, egress and travel by the owners of
<br />Lots 1, 2, 3, 4, 5, 6, 12 and 13 in Dunn's Subdivision, City of
<br />South Bend, and their tenants, invitees and successors, which the
<br />grantor and his successors shall keep open and free from the
<br />obstruction, across the following property:
<br />A part of Lot 10 and the vacated alley south
<br />of said Lot 10 in Dunn's Subdivision, City of
<br />South Bend, Indiana, the plat of which is
<br />recorded in Plat Book 9, Page 96, in the
<br />office of the Recorder of St. Joseph County,
<br />Indiana, described as follows:
<br />The north 22.00 feet of the south
<br />28.00 feet of said Lot 10; the east
<br />67.31 feet of the south 6.00 feet of
<br />said Lot 10; and the vacated alley
<br />north of the east 19.40 feet of Lot
<br />7 in said Dunn's Subdivision.
<br />SECTION VI. This vacation is further subject to the
<br />condition that Saint Joseph's Medical Center, Inc. grant to the
<br />City of South Bend,.Indiana, a license to use and have access to
<br />the property described in Section V above for public health and
<br />safety matters, which license shall be in writing and in form and
<br />content reasonably satisfactory to legal counsel for the City of
<br />South Bend, Indiana.
<br />SECTION VII. This ordinance shall be in full force and
<br />effect from and after its passage by the Common Council and
<br />approval by the Mayor.
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