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. <br /> v. <br /> STZBSTITUTE TBTLL NO. 43-92 <br /> ORDINANCE NO. á'27Y-M. <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY: <br /> The first east-west alley north of E. Eckman St. from the east <br /> right-of-way line of S. Dale St. to the east right-of-way line of <br /> the first north-south alley east of S. Dale St. for a distance of <br /> approximately 268 feet and a width of 14 feet. Part located in <br /> Lindbergh Park Addition in the city of South Bend, Indiana. <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common <br /> Council 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, INDIANA, 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 following <br /> property: <br /> The first east-west alley north of E. Eckman St. from the east <br /> right-of-way line of S. Dale St. to the east right-of-way line of <br /> the first north-south alley east of S. Dale St. for a distance of <br /> approximately 268 feet and a width of 14 feet. Part located in <br /> Lindbergh Park Addition in the city of South Bend, Indiana. <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 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 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 /> Lots Numbered 198, 203, 204, 205, 206, 207 and 208 of Charles <br /> Weidler' s 2nd Addition to the City of South Bend, and Lots Numbered <br /> 13, 14, 15, 16, 17 and 18 of the Lindbergh Park Addition to the City <br /> of South Bend. <br /> Beneffefal3y- <br /> SECTION IV. The purpose of the vacation of the real property <br /> is to: <br /> 1. This alley has been grassed in and has not been in use for over 25 <br />