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• <br /> ORDINANCE NO. riO{Ai _gg <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: 1ST EAST-WEST ALLEY SOUTH OF COLFAX STREET, <br /> RUNNING WEST FROM FRANCES STREET FOR A DISTANCE OF <br /> APPROXIMATELY 166 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 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 east-west alley south of Colfax Street, running west from Frances <br /> Street for a distance of approximately 166 feet. <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 9, and 10 <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 /> ( 1) Providing an access easement to the garage located on the <br /> northeast corner of Lot No. 4; <br /> (2) Providing a guard rail at the petitioner's expense along the east <br /> lot line of Lot No. 3; <br /> (3) Maintaining 45° parking in the area immediately along the <br /> western boundary of Lot No. 10; and <br /> (4) Providing access easements across said alley to the City as <br /> required 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 /> C , A .?r AL? 7 <br />