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ORDINANCE N0.76 7 9 6 <br /> AN ORDINANCE TO VACATE THE FOLLOWING <br /> DESCRIBED PROPERTY <br /> LEGAL DESCRIPTION <br /> The east/west alley excepting the thru north/south <br /> right-of-way bounded by Michigan Street on the east, <br /> Main Street on the west, abutting Lots 297 and 304 <br /> of part of the Original Plat of South Bend on the <br /> north, and abutting Lots 298 and 303 of part of the <br /> Original Plat of South Bend on the south, all in the <br /> City of South Bend, Portage Township, St. Joseph <br /> County, Indiana. <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common Council <br /> is charged with the authority to hear all petitions to vacate <br /> 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 I. 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 east/west alley excepting the thru north/south <br /> right-of-way bounded by Michigan Street on the east, <br /> Main Street on the west, abutting Lots 297 and 304 of <br /> part of the Original Plat of South Bend on the north, <br /> and abutting Lots 298 and 303 of part of the Original <br /> Plat of South Bend on the south, all in the City of <br /> South Bend, Portage Township, St. Joseph County, <br /> Indiana. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II. The City of South Bend hereby reserves the rights <br /> and easements of all utilities and the Municipal City of South <br /> Bend, Indiana to construct and maintain any facilities, including, <br /> but not limited to, the following: electric, telephone, gas, <br /> water, sewer, surface water control structures and ditches, within <br /> the vacated right-of-way, unless such rights are released by the <br /> individual utilities. <br /> SECTION III. The following property may be injuriously or <br /> beneficially affected by such vacating: <br /> Lots 297, 298, 303, and 304 of part of the Original <br /> Plat of South Bend. <br /> SECTION IV. The purpose of the vacation of the real property <br /> is to: <br /> Eliminate a partially unused alley and to assemble <br /> adjacent parcels for future development in the South <br /> Bend Central Development Area. <br /> SECTION V. This ordinance shall be in full force and effect <br />