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ORDINANCE NO. 0 o3C)- 9 <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: 2ND EAST-WEST ALLEY NORTH OF MARION STREET, <br /> RUNNING WEST FROM LELAND STREET FOR A DISTANCE OF <br /> APPROXIMATELY 160.3 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 <br /> 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 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 /> 2nd east-west alley north of Marion Street, running west from Leland <br /> Street for a distance of approximately 160. 3 feet. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II . The City of South Bend hereby reserves the rights <br /> and easements of all utilities and the Municipal City of South Bend, <br /> Indiana to construct and maintain any facilities, including, but not <br /> limited to, the following: electric, telephone, gas, water, sewer, <br /> surface water control structures and ditches, within the vacated <br /> right-of-way, unless such rights are released by the individual <br /> utilities. <br /> SECTION III. The following property may be injuriously or <br /> beneficially affected by such vacating: <br /> Lots 1, 2, 6 and 7 of Burroughs Sub <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> Provide for the safety and welfare of the children and residents <br /> in the area. <br /> SECTION V. This ordinance shall be in full force and effect from <br /> and after its passage by the Common Council, approval by the Mayor. <br /> id <br /> Me, •e of the Co ' ouncil <br />