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ORDINANCE NO. 8125-90 <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY: <br /> The 1st east-west alley south of Western Avenue, running west <br /> from MainStreet, for a distance of approximately 165 feet to <br /> the east line of the 1st north-south alley west of Main <br /> Street, all in Martin' s Addition. <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 vacate public ways <br /> or 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 1st east-west alley south of Western Avenue, running west <br /> from MainStreet, for a distance of approximately 165 feet to <br /> the east line of the 1st north-south alley west of Main <br /> Street, all. in Martin' s Addition. <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, <br /> Indiana, to construct and maintain any facilities, including, gas, <br /> water, sewer, surface water control structures and ditches, within the <br /> vacated right of way, unless such rights are released by the <br /> individual utilities. <br /> SECTION III . The following proprty may be inurously or beneficially <br /> affected by such vacating: The Owner <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> Use as parking. <br /> SECTION V. This vacation is subject to an appropriate easement <br /> agreement being approval by the City Engineering Department. <br /> SECTION VI . This ordinance shall be in full force and effect from <br /> and after its passage by the Common Council and approval by the <br /> Mayor. <br /> ./4467v1.-w,1- <br /> Member of the on Co cil <br />