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ORDINANCE NO. ~ ~ ~~ ~ 03 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH <br />ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT-OF-WAY OF <br />QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF <br />DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A <br />WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, CITY OF <br />SOUTH BEND, ST. JOSEPH COUNTY, 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 ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH <br />ALLEY EAST OF SOUTH FRANCES STREET THE NORTH RIGHT-OF-WAY OF <br />QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF <br />DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A <br />WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, CITY OF <br />SOUTH BEND, ST. JOSEPH COUNTY, 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 />