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ORDINANCE NO. 7322 -84 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED <br />PROPERTY: NORTH -SOUTH ALLEY IN DENNISTON AND <br />FELLOWS ADDITION. PARTS OF LOTS 19 AND 20, AND <br />BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: <br />NORTH -SOUTH ALLEY BOUNDED BY MONROE ST., TO THE <br />NORTH. THE FIRST THRU EAST WEST ALLEY SOUTH OF <br />MONROE ST., ALLEY LYING BETWEEN COLUMBIA ST., TO <br />THE EAST AND CARROLL ST., TO THE WEST. <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 public <br />ways or public places within the City. <br />The following ordinance vacates the above described 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 <br />held a public hearing on the petition to vacate the following property: <br />North -South alley in Denniston and Fellows Addition parts of <br />Lots 19 and 20, and being more particulary described as follows: <br />North -South alley bounded by Monroe St., to the North. The <br />first thru East -West alley South of Monroe St., said alley <br />lying between Columbia St., to the East and Carroll St., to <br />the West. <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 Bend, <br />Indiana, to construct and maintain any facilities, including, but <br />not limited to, the following: electric, telephone, gas, water, <br />sewer, surface water, control structures and ditches, within the <br />vacated right -of -way, unless such rights are released by the indivi- <br />dual utilities. <br />SECTION III. The following property may be injuriously or <br />beneficially affected by such vacating: <br />Parts of Lots 19 and 20 in Denniston and Fellows Addition. <br />More particularly sub Lots 6, 8, 9, 10 and a vacated 10 foot <br />wide alley lying adjacent to said Lot 8 in George R. Hudson's <br />Subdivision, above Lots lie to the east of alley. Sub Lots <br />7 and 20 which lie to the West of alley to be vacated. <br />SECTION IV. <br />is to: <br />The purpose of the vacation of the real property <br />Have better lots for developing the area. It is the purpose <br />of the adjoining property owners after vacation of the alley <br />(Crescent Really owners of sublots 6,8,9,10 and vacated alley <br />adjacent to sublot 8, and Dainty Maid, Inc., and Hablin Co. <br />Inc., owners of Sublots 7 and 20) to draw a straight line between' <br />the lots, giving all parties more usable lots. The idea is <br />to get rid of the job between the lots. <br />SECTION V. This Ordinance shall be in full force and effect <br />only after compliance with the conditions recommended by the Board <br />of Public Works at their meeting of April 16, 1984, as set forth <br />in Exhibit A which is attached hereto and made a part of this Ordinance, <br />passage by the Common Council and approval by the Mayor. <br />2nd READING <br />NOT APPROVED 7 <br />REFERRED <br />PASSED �/ -a 5/_ S/ Q,o �rna� J () <br />Member of the C on Council <br />