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ORDINANCE NO. 7/ �'o -ffa <br />AN ORDINANCE TO VACATE THE FOLLOWING <br />DESCRIBED PROPERTY <br />The first North - South, East -West <br />Avenue, running West from Arnold <br />92 feet, thence North a distance <br />to the South right -of -way of the <br />all being Inguilfoyle's Proposed <br />B.O.L. 94 in the City of South B <br />Alley, South of Western <br />Street for.a.distance of <br />of 80 feet more or less <br />present 12 foot alley, <br />Subdivision of Point of <br />an d . <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 1. 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 First North - South, East -West <br />Avenue, running West from Arnold <br />92 feet, thence North a distance <br />to the South right -of -way of the <br />all being Inguilfoyle's Proposed <br />B.O.L. 94 in the City of South B <br />Alley, South of Western <br />Street for a distance of <br />of 80 feet more or less <br />present 12 foot alley, <br />Subdivision of Point of <br />and. <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 />including, 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 owners may be injuriously <br />or beneficially affected by such vacating: <br />Robert J. Silver <br />P. 0. Box 1002 <br />South Bend, IN 46624 <br />Joyce Hoff <br />1652 N. Sheridan <br />South Bend, IN 46628 <br />Joseph Shula <br />3021 W. Sample <br />South Bend, IN 46618 <br />SECTION IV. The purpose of the vacation of the real property <br />is to: <br />The subject alley is currently non - functional and thus <br />beneficial only to the Petitioners as they are the owners <br />