Alley to be Vacated First East/West Alley South of Donmoyer Avenue

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ORDINANCE NO. t 02 -3,(- G AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF DONMOYER AVENUE FROM THE WEST LOT LINE OF LOT 4, FOREST HILL ADDITION AND EAST LOT LINE OF SAID LOT 4 FOR A DISTANCE OF 40 FEET AND A WIDTH OF 16 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West Alley South of Donmoyer Avenue from the West lot line of Lot 4, Forest Hill Addition (on unrecorded subdivision) and East lot line of said Lot 4 for a distance of 40 feet and a width of 16 feet, City of South Bend, Portage Township, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 6275, 6274, 6272.01 and 5158