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efort <br /> $r i <br /> f ` <br /> ORDINANCE NO. ?/c ,2- 9 / <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY: <br /> The first East-West alley North of South Street, located <br /> between the West line of Fellows Street and the East line <br /> of the first North-South alley West of Fellows Street, for <br /> a distance of approximately 132 feet and a width of <br /> approximately 11 feet. <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council is <br /> charged with the authority to hear all petitions to vacate public ways or <br /> public places within the City. <br /> The following Ordinance vacates the above described public property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF <br /> SOUTH BEND, INDIANA, as follows: <br /> SECTION I. The Common Council of the City of South Bend having held <br /> a public hearing on the petition to vacate the following property: <br /> The first East-West alley North of South Street, located <br /> between the West line of Fellows Street and the East line <br /> of the first North-South alley West of Fellows Street, for <br /> a distance of approximately 132 feet and a width of <br /> apporximately 11 feet. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II. The City of South Bend hereby reserves the rights and <br /> easements of all utilities and the Municipal City of South Bend, Indiana <br /> to construct and maintain any facilities, including, but not limited to, <br /> the following: electric, telephone, gas, water, sewer, surface water <br /> control structures and ditches, within the vacated right-of-way, unless <br /> such rights are released by the individual utilities. <br /> SECTION III. The following property may be injuriously or <br /> beneficially affected by such vacating: <br /> 529 South Fellows Street, to the south of alley and 416 <br /> East Monroe Street, north of the alley, both which run the <br /> length of the alley to be vacated. <br /> SECTION IV. The purpose fo the vacation of the real property is to: <br /> Allow automobiles to back out into the alley way from 13 <br /> paved parking stalls to be installed on the lot at 529 <br /> South Fellows. <br />