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• <br /> ORDINANCE NO. X'7 <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: <br /> THE FIRST NORTH-SOUTH ALLEY WEST OF KESSLER BOULEVARD, <br /> RUNNING SOUTH FROM MC CARTNEY STREET FOR A DISTANCE OF <br /> APPROXIMATELY 128 FEET TO THE FIRST INTERSECTING ALLEY, <br /> LYING BETWEEN LOTS 64 AND 65 OF THE NORTHWEST 2ND <br /> ADDITION TO THE CITY OF SOUTH BEND, INDIANA <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12 , the Common <br /> Council is charged with the authority to hear all petitions to <br /> vacate public 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 <br /> CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br /> SECTION 1 . The Common Council of the City of South Bend <br /> having held a public hearing on the petition to vacate the <br /> following property: <br /> The first North-South alley West of Kessler Boulevard, <br /> running South from McCartney Street for a distance of <br /> approximately 128 feet to the first intersecting alley, <br /> lying between Lots 64 and 65 of the Northwest 2nd <br /> Addition to the City of South Bend, Indiana <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II . The City of South Bend hereby reserves the <br /> rights and easements of all utilities and the Municipal City of <br /> South Bend, Indiana, to construct and maintain any facilities, <br /> including , but not limited to the following : electric, <br /> telephone, gas, water, sewer, surface water control structures <br /> 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 <br /> beneficially affected by such vacating: <br /> Lots Numbered 64 and 65 of the Northwest 2nd Addition <br /> to the City of South Bend, Indiana. <br /> SECTION IV . The purpose of the vacation of the real <br /> property is due to the lack of use of the alley by the City of <br /> South Bend for trash removal, as well as the failure of anyone to <br /> provide maintenance to the alley. It is an unpaved alley. No <br /> real need exists insofar as use or necessity. <br /> SECTION V. This Ordinance shall be in full force and effect <br /> from and after its passage by the Common Council and approval by <br /> the Mayor. <br /> ember o the Common C•fncil <br />