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Filed in Clerk's 011icf; <br />SUBSTITUTE BILL NO. 18-24 <br />APRrk, South B <br />0 4 2024 <br />ORDINANCE NO. 11118-24 Gi Bianca TiraotYGleonci, IN <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />The first 360' +/-of Boland Drive East of Portage Road <br />STATEMENT OF PURPOSE AND INTENT <br />To eliminate a portion of right-of-way no longer in use due to a realignment of the Boland Street. <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 />The first 360'+/-of Boland Drive East of Portage Road <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 <br />such vacating: <br />018-2206-7863 —Unaddressed Vacant Lot- Lot 17 Council Oaks <br />018-2206-7862—2013 Ribourde Dr—Lot 16 Council Oaks <br />018-2229-8542 - 3016 Portage <br />SECTION IV. The purpose of the vacation of the real property is to eliminate a portion of <br />right-of-way no longer in use due to a realignment of the Boland Street. <br />SECTION V. The vacation is subject to the elimination of the alley approach by hiring a <br />private contractor bonded with the City to tear out the approach, replace with curb, and establish <br />a tree lawn in accordance with City standards and specification. <br />SECTION VI. This ordinance shall be in full force and effect from and after its <br />Passage by the Common Council and approval by the Mayor.