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BILL NO. 15-22 <br />ORDINANCE NO. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER’S 1ST ADDITION <br />_____________________________________________________________________________ <br />STATEMENT OF PURPOSE AND INTENT <br />_____________________________________________________________________________ <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with <br />the authority to hear all petitions to vacate public ways or 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 <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held a Public <br />Hearing on the petition to vacate the following property: <br />A PARCEL OF LAND BEING A PART OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 <br />EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, <br />AND BEING A PART OF FUERBRINGER'S 1ST ADDITION, BEING MORE PARTICULARLY <br />DESCRIBED AS FOLLOWS: <br />BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S <br />ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST <br />ALLEY, 10.56 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF LOT 5 IN SAID <br />FUERBRINGER'S ADDITION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF <br />SAID LOT 5, 132 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 5; <br />THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK STREET, 10.56 <br />FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE <br />SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF <br />BEGINNING; SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS, AND SUBJECT <br />TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD. <br />hereby determines that it is desirable to vacate said property. <br />SECTION II. The City of South Bend hereby reserves the rights and easements of <br />all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br />facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, <br />surface water control structures and ditches, within the vacated right-of-way, unless such <br />rights are released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected by