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ORDINANCE NO. :a 9I- <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, TO VACATE THE FOLLOWING DESCRIBED ALLEYS: <br /> The first north-south alley west of S. Rush Street, from the north <br /> right-of-way line of E. South St. to the south right-of-way line of <br /> E. Monroe Street for a distance of approximately 345 .18 feet and a <br /> width of approximately 14 feet; <br /> AND <br /> The first east-west alley south of E. Monroe Street from the west <br /> right-of-way line of S. Rush Street, to the east right-of-way line <br /> of S. Fellows Street, for a distance of approximately 330 feet and <br /> a width of approximately 12 .54 feet. Parts situated in John Rush' s <br /> First 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 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, 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 <br /> following rights-of-way: <br /> The alleys to be vacated are described as the first north-south <br /> alley west of S. Rush Street, from the north right-of-way line of <br /> E. South St. to the south right-of-way line of E. Monroe Street for <br /> a distance of approximately 345 .18 feet and a width of <br /> approximately 14 feet; <br /> AND <br /> The first east-west alley south of E. Monroe Street from the west <br /> right-of-way line of S. Rush Street, to the east right-of-way line <br /> of S. Fellows Street, for a distance of approximately 330 feet and <br /> a width of approximately 12 .54 feet. Parts situated in John Rush' s <br /> First Addition in the city of South Bend, Indiana, hereby <br /> determines that it is desirable to vacate said rights-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 rights-of-way, unless such rights are released by the <br /> individual utilities. <br /> SECTION III. The following properties may be iniuriously or <br />