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• <br /> ORDINANCE NO. 1 (..5A- <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br /> PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF <br /> PLEASANT STREET RUNNING EAST FROM TWENTY-EIGHTH STREET, <br /> TO THE 2ND INTERSECTING NORTH/SOUTH ALLEY EAST OF <br /> TWENTY-EIGHTH STREET, EXCEPTING THE 15 ' R/W OF THE 1ST <br /> INTERSECTING NORTH-SOUTH ALLEY EAST OF TWENTY-EIGHTH STREET <br /> FOR A COMBINED DISTANCE OF 265 FEET MORE OR LESS AND BEING <br /> IN HORNE'S SUBDIVISION OF LOT B, IN SOUTH BEND, IN. <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 /> THE FIRST EAST/WEST ALLEY NORTH OF PLEASANT STREET RUNNING EAST FROM <br /> TWENTY-EIGHTH STREET TO THE 2ND INTERSECTING NORTH/SOUTH ALLEY EAST OF <br /> TWENTY-EIGHTH STREET, EXCEPTING THE 15 ' R/W OF THE 1ST INTERSECTING <br /> NORTH-SOUTH ALLEY EAST OF TWENTY-EIGHTH STREET FOR A COMBINED DISTANCE <br /> OF 265 FEET MORE OR LESS AND BEING IN HORNE'S SUBDIVISION OF LOT B, IN <br /> SOUTH BEND, IN. <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 3, 4, 19, 20, 21, 22, 23 , 24 of Horne' s subdivision. <br /> SECTION IV. The purpose of the vacation of the real property is to: <br /> replace sidewalk and curb, grade and seed for appearance and public <br /> safety. <br /> SECTION V. This ordinance shall be in full force and effect from and <br /> after its passage by the Common Council and approval by the Mayor. <br /> 41( <br /> Member of the C•1y"s on Council <br />