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• <br /> • <br /> ORDINANCE NO. 8126-90 <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY: <br /> The first east-west ALLEY south of Jefferson Street, from the <br /> west line of Frances Street running west for a distance of <br /> approximately 165 feet to the east line of the first <br /> intersecting north-south alley west of Frances Street all in <br /> Barman' s Subdivision of South Bend, St. Joseph County, <br /> Indiana. <br /> STATEMENT OF PURPOSE AND INTENT: <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council <br /> is charged with the authority to hear all petitions to vacate <br /> public ways or public places within the City. <br /> The following Ordinance vacated the above-described public <br /> property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br /> OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I . The Common Council of the City of South Bend having <br /> held a public hearing on the petition to vacate the following <br /> property: <br /> The first east-west ALLEY south of Jefferson Street, from the <br /> west line of Frances Street running west for a distance of <br /> approximately 165 feet to the east line of the first <br /> intersecting north-south alley west of Frances Street all in <br /> Barman' s Subdivision of South Bend, St. Joseph County, <br /> Indiana. <br /> SECTION II. The City of South Bend hereby reserves the rights <br /> and easements of all utilities and the Municipal City of South <br /> Bend, Indiana to construct and maintain any facilities, <br /> including, but not limited to, the following: electric, <br /> telephone, gas, water, water, sewer, surface water control <br /> 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 /> Lots numbered 3, 4, 7, 8, 9, 10 all in Barman' s Subdivision of <br /> South Bend, St. Joseph County, Indiana. <br /> SECTION IV. The purpose of the vacation of the real property is <br /> to: <br /> Permit expansion of a paved parking lot for an orthodontist' s <br /> office and residential rental property. <br /> SECTION V. This vacation is subject to an appropriate easement <br /> agreement being approved by the City Engineering Department. <br /> SECTION VI. This ordinance shall be in full force and effect <br /> from and after its passage by the Common Council and approval by <br /> the Mayor. <br />