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ORDINANCE NO. R.357/- 92 <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, VACATING THE FIRST EAST-WEST ALLEY NORTH OF WEST STULL <br /> STREET FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH MAIN STREET TO THE <br /> WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY EAST OF SOUTH <br /> MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET AND A WIDTH <br /> OF APPROXIMATELY 14 FEET. SITUATED IN SOUTH BEND CITY, INDIANA. <br /> STATE 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, INAIANA, 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 right-of-way: <br /> The first east-west alley north of West Stull St. , from the east <br /> right-of-way line of South Main Street to the west right-of-way <br /> line of the first north-south alley east of S. Main St. , for a <br /> distance of approximately 165 feet and a width of approximately 14 <br /> feet. Part situated in South Bend City, Indiana <br /> hereby determines that it is desirable to vacate said right-of-way. <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 /> Any property within the block bounded by Garst Street to the north, <br /> Michigan Street (U.S. 31) to the east, Stull Street to the south <br /> and Main Street to the west. <br /> SECTION IV. The purpose of the vacation of the right-of-way is <br /> to allow the City of South Bend, Department of Redevelopment to <br /> replat the land surrounding the alley so that it may be sold and <br /> ultimately utilized as larger sized parcels for industrial uses. <br /> SECTION V. This ordinance shall be in full force and effect <br /> from and after its passage by the Common Council and approval by <br /> the Mayor. <br /> Or <br /> Member of rife Common Council <br /> TEE:ml/ordinan <br />