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• <br /> ORDINANCE NO. I q a(o-ggi <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: <br /> The first 14-foot wide east-west alley north of <br /> Colfax Ave. , west from Bridge Street (vacated) for a <br /> distance of approximately 66 feet. All being in a part of <br /> the Original Flat of the Town of Lowell, now a part of <br /> the City of South Bend, Indiana. <br /> STATEMENT OF PURPOSE AND INTENT: <br /> Re-vacate alley in order to establish a verifiable <br /> record of same. (See Section IV below for further <br /> explanation. ) <br /> Pursuant to Indiana Code Section 36-7-3-12, the <br /> Common Council is charged with the authority to hear all <br /> petitions to vacate public ways or public places within <br /> the City. <br /> The following Ordinance vacates the above described <br /> public property. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON <br /> COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I. The Common Council of the City of <br /> South Bend having held a public hearing on the petition <br /> to vacate the following property: <br /> The first 14-foot wide east-west alley North of <br /> Colfax Ave. , running West from Bridge Street (now <br /> vacated) for a distance of approximately 66 feet. All <br /> being in a part of the Original Flat of the Town of <br /> Lowell, now a part of the City of South Bend, Indiana. <br /> hereby determines that it is desirable to vacate said <br /> property. <br /> SECTION II . The City of South Bend hereby <br /> reserves the rights and easements of all utilities and <br /> the Municipal City of South Bend, Indiana to construct <br /> and maintain any facilities, gas, water, sewer, surface <br /> water control structures and ditches, within the vacated <br /> right-of-way, unless such rights are released by the <br /> individual utilities . <br /> SECTION III. The following property may be <br /> injuriously or beneficially affected by such vacating: <br /> Lot 9 of Mark 's Subdivision and Lot 13 of Original <br /> Plat of Lowell. (Both lots are owned by petitioner. ) <br /> SECTION IV. The purpose of the vacation of the <br /> real property: <br /> The records of petitioner, Indiana Michigan Power <br /> Company (formerly known as Indiana & Michigan Electric <br /> Company), indicate said alley was vacated in the late <br /> 1920 's and subsequently a a portion of a building was <br /> erected upon said alley. However, upon recent inspection <br /> of the records of the City of lern -h ztas,,,z __ 1 , <br />