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i <br />ORDINANCE NO. � f <br />AN ORDINANCE TO VACATE THE FOLLOWING <br />DESCRIBED PROPERTY <br />The lst 141 east-west alley north of Lincoln Way West running east <br />from Sancome Avenue east to the intersecting north -south alley <br />abutting Lots 39 & 40 for a distance of 134 feet, all being in <br />A.H. Cushingts Addition to the City of South Bend. NOTE: Alley <br />also abuts Lot 138 in A.G. Cushingts 6th Addition to City of South Bend. <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 <br />to vacate public ways or public places within the city. <br />The following Ordinance vacates the above described <br />public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br />THE 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 1st 141 east -west alley north of Lincoln Way West running east <br />from Sancome Avenue east to the intersecting north -south alley <br />abutting Lots 39 & 40 for a distance of 134 feet, all being in <br />A.if. Cushingts Addition to the City of South Bend. NOTE: Alley <br />also abuts Lot 138 in A.G. Cushingts 6th Addition to City of South Bend. <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 />inci.dingti but not limited to, the following: electric, telephone, <br />gas, water, sewer, surface water control structures and ditches, <br />within the vacated right -of -way, unless such rights are released <br />by the individual utilities. <br />SECTION III. The following property may be injuriously <br />or beneficially affected by such vacating: <br />Lots 138, 39, & 40 in A.H. Cushingls Addition to the City of <br />South Bend. <br />SECTION IV. The purpose of the vacation of the real property <br />is to: <br />prevent people from throwing trash and other refuse into the <br />alley. People are turning this alley into a dump. Nobody <br />uses the alley for any other purpose because it is a dead -end <br />