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ORDINANCE NO. '70 b g'8' <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: 1ST NORTH-SOUTH ALLEY WEST OF FRANCES STREET, <br /> RUNNING SOUTH FROM COLFAX STREET FOR A DISTANCE OF <br /> APPROXIMATELY 198 FEET, ALL IN WHITTEN'S SUBDIVISION OF LOT <br /> 17 COTTRELL-S FIRST 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, 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 /> 1st north-south alley west of Frances Street, running south from Colfax <br /> Street for a distance of approximately 198 feet, all in Whitten's <br /> subdivision of Lot 17 Cottrell' s first 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 <br /> to construct and maintain any facilities, including, but not limited to, <br /> the following: electric, telephone, gas, water, sewer, surface water <br /> control 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 1, 2, 3 , 10, 11 and 12 <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> Construct a medical office building and parking lot on the adacent <br /> site. <br /> SECTION V. This vacation is subject to the following condition being <br /> met by the petitioner: <br /> Providing access easements across said alley to the City as required <br /> by the Board of Public Works at its meeting of October 3, 1988. <br /> SECTION VI. This ordinance shall be in full force and effect from and <br /> after its passage by the Common Council, approval by the Mayor. <br /> tuber of the Common Council <br />