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Filed in Clerk's Office <br />BILL NO. <br />ORDINANCE NO. <br />O C T 0 9 2024 <br />Bianca Tirado <br />City Clerk, South Bend, IN <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN <br />CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076- <br />3053; AND THE FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET <br />BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN <br />THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF-WAY <br />STATEMENT OF PURPOSE AND INTENT <br />Petitioner requests the vacation to fence in the perimeter to protect the property, shop, and <br />employees at the Petitioner's place of business. <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the <br />authority to hear all petitions to vacate public ways or public places within the City. The following <br />Ordinances vacates the above -described 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 having held a Public <br />Hearing on the petition to vacate the following property: <br />THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT <br />STREET AND TERMINATING IN PARCELS 018-3076-3055 and 018-3076-3053; and THE <br />FIRST NORTH -SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018- <br />3076-305301 and 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN <br />RAILROAD RIGHT-OF-WAY. <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 facilities, <br />including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water <br />control structures and ditches, within the vacated right-of-way, unless such rights are released by <br />the individual utilities. <br />SECTION III. The following properties may be injuriously or beneficially affected by <br />such vacating: <br />316 Chestnut St — 018-3076-3052 318 Chestnut St — 018-3076-305401 <br />1 <br />