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• <br /> ORDINANCE NO. F347-f.3 <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY -- <br /> The alley to be vacated is described as the first east-west alley south of W. Donald <br /> St. from the east right-of-way line of S. Main St. to the west right-of-way line of the first <br /> north-south alley east of S. Main St., for a distance of approximately 165 feet and a <br /> width of approximately 11 feet. Part situated in Bowman's Addition to the city of South <br /> Bend, Indiana. <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 City. <br /> The following Ordinance vacates the above described public property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE 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 described as the first east-west alley south of W. Donald <br /> St. from the east right-of-way line of S. Main St. to the west right-of-way line of the first <br /> north-south alley east of S. Main St., for a distance of approximately 165 feet and a <br /> width of approximately 11 feet. Part situated in Bowman's Addition to the city of South <br /> Bend, 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 <br /> easements of all utilities and the Municipal City of South Bend, Indiana to construct and <br /> maintain any facilities, including, but not limited to, the following : electric, telephone, gas, <br /> water, 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 by <br /> such vacating : <br /> AUSTIN, GAY HAYNES, GARRISON C. & HELEN K. <br /> 120 W. Donald St. 2206 S. Main Street <br /> South Bend, IN 46613 South Bend, IN 46613 <br /> PEDEN, MILLIE J. REED, DELOS V. & LINDA R. <br /> 623 Donmoyer Ave. 122 W. Donald St. <br /> South Bend, IN 46614 South Bend, IN 46613 <br /> SECTION N. The purpose of the vacation of the real property is to : <br /> This alley has not been used as an alley for more than <br /> forty years. All of the adjoining property owners have <br /> used their portion of the property most of that time. None <br /> of the adjoining properties need this alley for access or <br /> service. <br /> cPrTTn1 T V Th;e A.tt r ,....a <br />