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ORDINANCE NO. <br /> AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br /> THE ALLEY TO BE VACATED IS THE FIRST EASTIWEST ALLEY <br /> SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF <br /> LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 <br /> FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET <br /> STATEMENT OF PURPOSE AND INTENT <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 alley to be vacated is the first East/West Alley South of Donmoyer <br /> Avenue from the West lot line of Lot 4, Forest Hill Addition (on <br /> unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40 <br /> feet and a width of 16 feet, City of South Bend, Portage Township, St, <br /> Joseph County, Indiana <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 <br /> of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain <br /> any facilities, including, but not limited to, the following: electric, telephone, gas, water, <br /> sewer, surface water control structures and ditches, within the vacated right-of-way, <br /> unless such rights are released by the individual utilities. <br /> SECTION III. The following property may be injuriously or beneficially affected <br /> by such vacating: <br /> Lots 6275, 6274, 6272.09 and 5158 <br />