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BILL NO. 40-24 <br />ORDINANCE NO. 11140-24 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE FIRST EAST/WEST ALLEY SOUTH OF LASALLE STREET FROM THE WEST R/W <br />LINE OF MICHIGAN STREET TO THE EAST R/W LINE OF A NORTH/SOUTH ALLEY FOR <br />A DISTANCE OF 168 FEET AND A WIDTH OF 14 FEET <br />STATEMENT OF PURPOSE AND INTENT <br />To construct the Raclin Murphy Encore Center which will permanently occupy this alley and <br />connect to the Morris Performing Arts Center. <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged <br />with the authority to hear all petitions to vacate public ways or public places within the <br />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 <br />Public Hearing on the petition to vacate the following property: <br />THE FIRST EAST/WEST ALLEY SOUTH OF LASALLE STREET FROM THE WEST R/W <br />LINE OF MICHIGAN STREET TO THE EAST R/W LINE OF A NORTH/SOUTH ALLEY FOR <br />A DISTANCE OF 168 FEET AND A WIDTH OF 14 FEET <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 all <br />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 />018-1002-0043, Lot 1 Morris Civic Minor Sub 99-00 New Replat <br />6560-7-13-98-99-00 Vacation Ord # 8876-98 <br />018-1002-0042, Lot 3 Original Plat of South Bend <br />SECTION IV. The purpose of the vacation of the real property is to construct the Raclin <br />Murphy Encore Center which will permanently occupy this alley and connect to the Morris <br />Performing Arts Center. <br />SECTION V. This ordinance shall be in full force and effect from and after its <br />Passage by the Common Council and approval by the Mayor. <br />Sharon L. McBride, Counci"1"President <br />South Bend Common Council <br />Attest: <br />