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Bill No.
<br /> ORDINANCE NO. zid( F- 3 9
<br /> AN ORDINANCE TO VACATE
<br /> THE FOLLOWING DESCRIBED PROPERTY:
<br /> A DEDICATED BUT UNIMPROVED STREET
<br /> WITHIN THE CITY OF SOUTH BEND, INDIANA
<br /> KNOWN AS NUTEK DRIVE
<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 hereby determines that it is desirable to
<br /> vacate such property:
<br /> A dedicated but unimproved street within the City of South
<br /> Bend, Indiana known as Nutek Drive as shown on the recorded Plat
<br /> of Landmark Business Park, Section Four, Part One, Recorded as
<br /> Instrument No. 8614459 .
<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, telephone,
<br /> gas, water, sewer, surface water control structures and ditches,
<br /> within the vacated right-of-way, unless such rights are released
<br /> by the individual utilities.
<br /> SECTION III . The following property may be injuriously or
<br /> beneficially affected by such vacating:
<br /> a. Lot 10, Landmark Business Park, Section Four, Part One,
<br /> owned by Automatic Molded Plastics, Inc. , 3603 Progress
<br /> Drive, South Bend, Indiana 46628
<br /> b. Lot 11, Landmark Business Park, Section Four, Part One,
<br /> held by James A. Masters, as Trustee under a Trust
<br /> Agreement dated July 15, 1988 known as Trust No. 71588,
<br /> (James P. Conboy, Jr. and David L. Matthews, beneficial
<br /> owners) .
<br /> c. Real estate located in the East half of the Northwest
<br /> Quarter of Section 19, Township 38 North, Range Two East,
<br /> in German Township, St. Joseph County, Indiana proposed to
<br /> be platted as Lot 8, Landmark Business Park, Section Six,
<br /> Part One, held by James A. Masters, as Trustee under a
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