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SECOND <br /> SUBSTITUTE BILL NO. 26-92 <br /> ORDINANCE NO. Sic 70 - PA <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY <br /> East Sorin St. West of N. Niles Ave. ; Neddo Court North of East <br /> Sorin Street to a point approximately 66 feet South of the North <br /> Right-of-Way Line of the First East-West Alley North of E. Sorin <br /> Street; Neddo Court North of the First East-West Alley North of East <br /> Sorin Street to the South Line of the Next East-West Alley North. <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 property: <br /> The alleys and street to be vacated are described as E. Sorin Street <br /> from the west right-of-way line of North Niles Avenue running West <br /> to the St. Joseph River; and Neddo Court, from the North Right-of- <br /> Way Line of East Sorin Street to a point approximately Sixty-Six <br /> feet (66' ) South of the North right-of-way line of the first East- <br /> West Alley North of East Sorin Street; and Neddo Court, from the <br /> North right-of-way line of the first East-West alley north of East <br /> Sorin Street to the South right-of-way line of the Second East-West <br /> alley north of East Sorin Street. Parts located in Coquillard's <br /> First 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 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 /> Lots Numbered 1, 2, 3, 4, 5 and 9 in Coquillard's 1st Addition, and <br /> Lots Numbered 1 and 2 in Cottrell's 2nd Addition, to the City of <br /> South Bend, St. Joseph County, Indiana. <br /> SECTION IV. The purpose of the vacation of the real property <br /> is to: <br /> Permit development of adjacent property for use in conjunction with <br /> Madison Hospital. <br /> SECTION V. Petitioner will grant the City of South Bend an <br /> easement across Petitioner's property for walkway access from a <br /> river walk which may be constructed by the City, to Niles Avenue, <br /> with the exact location of the walkway easement to be determined at <br /> a later time by mutual agreement between the Petitioner and the <br /> City. <br /> SECTION VI. This ordinance shall be in full force and effect <br />