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• <br /> • <br /> ORDINANCE NO. q 'a Q.-. g <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: THE 1ST NORTH-SOUTH ALLEY, EAST OF <br /> FRANCES STREET, RUNNING NORTH FROM HULL STREET, <br /> FOR A DISTANCE OF 83 FEET TO THE FIRST INTER- <br /> SECTING EAST-WEST ALLEY, ALL IN HULL'S SUBDIVISION <br /> OF LARGE BLOCK #11 IN SAMUEL L. COTTRELL'S 1ST 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 to vacate public ways or <br /> public places within the City. <br /> The following ordinance vacates the above described public property. <br /> NOW, THEREFORE, BT 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 a <br /> public hearing on the petition to vacate the following property: <br /> The 1st, North-South Alley, East of Frances Street, running North from Hull <br /> Street, for a distance of 83 feet to the first intersecting East-West alley. <br /> All in Hull's Subdivision of Large Block #11 in Samuel L. Cottrell's 1st <br /> Addition. <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 to <br /> construct and maintain any facilities, including, but not limited to, the <br /> following: electric, telephone, gas, water, sewer, surface water control <br /> structures and ditches, within the vacated right-of-way, unless such rights <br /> are released by the individual utilities. <br /> SECTION III. The following property may be injuriously or beneficially <br /> affected by such vacating: <br /> Lots 11,12,13,14,15,16,17,18,19,20,23,24,25 <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> Construct a townhome project on the said alley and the adjacent <br /> property. <br /> SECTION V. This ordinance shall be in full force and effect from and <br /> after its passage by the Common Council, approval by the Mayor. <br /> -mber if the Cnmmnn Crn,nril <br />