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BILL NO. 22-23 ------- <br />ORDINANCE NO. -------- <br />Filed in Clerk's Office <br />I <br />APR 19 2023 <br />I <br />DAWN M. JONES <br />CITV CLERK, SOUTH BEND, IN <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRJBED PROPERTY: <br />THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE <br />SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON <br />THE NORTH BY THE SOlITH RJGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY <br />LYING NORTH OF QUIMBY STREET , BEING APPROXIMATELY 99 .99 LINEAL FEET . <br />STATEMENT OF PURPOSE AND INTENT <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 CO:MMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SE CTION 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 />THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE <br />SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON <br />THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY <br />LYING NORTH OF QUIMBY STREET, BEING APPROXIMATELY 99 .99 LINEAL 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 easements of <br />all utilities and the Municipal City o f 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 v acated 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 <br />such vacating : <br />LOT 16, 1; 18 AND 19 OF LISTER 'S SUBDIVISION <br />Section IV. The purpose of the vacation of the real property is to eliminate the north <br />s outh a lley :and alley approach, install 6 " concrete curb and establish a tree lawn in <br />accordance with the City standards and specifications. <br />SECTION V . This ordinance shall be in full force and effect from and after its <br />Passage by the Common Council and approval by the Mayor.