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9521-04 Vacation - Alley - Niles, Cedar, Madison,
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9521-04 Vacation - Alley - Niles, Cedar, Madison,
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Last modified
12/13/2010 9:45:29 AM
Creation date
4/17/2008 5:27:24 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/9/2004
Ord-Res Number
9521-04
Bill Number
43-04
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,~ <br />ORDINANCE NO. ~ ~ ~', ~ ~ <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY <br />EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF <br />CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF <br />198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE <br />VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, <br />FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE <br />SO UTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET <br />AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN <br />OF LOWELL, NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, <br />INDIANA. <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the <br />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 THE <br />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 FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH <br />ALLEY EAST OF NILES AVENUE FROM THE NORTH RIGHT OF WAY <br />LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A <br />DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND <br />ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF <br />NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON <br />STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A <br />DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A <br />PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF <br />SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. <br />hereby determines that it is desirable to vacate said property, and that the same is vacated. <br />SECTION II. The City of South Bend hereby reserves the rights the easements of <br />all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br />facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, <br />surface water control structures and ditches, within the vacated right-of--way unless such rights <br />are released are by the individual utilities. <br />
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