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ORDINANCE NO. RoD 7 AR <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY <br /> THE FIRST EAST/WEST ALLEY NORTH OF EAST COLFAX AVENUE (U. S. 20) <br /> FROM THE WEST RIGHT—OF—WAY LINE OF NORTH FRANCES STREET TO THE <br /> EAST RIGHT—OF—WAY LINE OF EDMOND COURT FOR A DISTANCE OF <br /> APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. <br /> PART SITUATED IN COTTRELL' S FIRST ADDITION IN THE CITY OF SOUTH <br /> 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 <br /> vacate 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 FIRST EAST/WEST ALLEY NORTH OF EAST COLFAX AVENUE (U. S. 20) <br /> FROM THE WEST RIGHT—OF—WAY LINE OF NORTH FRANCES STREET TO THE <br /> EAST RIGHT—OF—WAY LINE OF EDMOND COURT FOR A DISTANCE OF <br /> APPROXIMATELY 165 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. <br /> PART SITUATED IN COTTRELL' S FIRST ADDITION IN THE CITY OF SOUTH <br /> 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 <br /> South Bend, Indiana to construct and maintain any facilities, <br /> including, but not limited to, the following: electric, <br /> telephone, gas, water, sewer, surface water control structures <br /> and ditches, within the vacated right—of—way, unless such rights <br /> are released by the individual utilities. <br /> SECTION III . The following property may be beneficially <br /> affected by such vacating to have through access to the proposed <br /> parking lots of Medical Arts Corporation of South Bend ( South <br /> Bend Clinic) . <br /> SECTION IV. The purpose of the vacation of the real <br /> property is to have contiguous parking and to eliminate a curb <br /> cut off of Frances Street as recommended by the City Engineering <br /> Department. <br /> SECTION V. This ordinance shall be in full force and <br /> effect from and after its passage by the Common Council and <br /> approval by the Mayor. <br />