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6-, i� 0o z3 -(Y <br />ORDINANCE NO. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE <br />FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST <br />RIGHT OF WAY LINE OF KALEY STREET TO THE FIRST <br />NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET <br />MORE OR LESS <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 />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE <br />FIRST EAST/WEST ALLEY SOUTH OF FAIRVIEW STREET FROM THE EAST RIGHT <br />OF WAY LINE OF KALEY STREET TO THE FIRST <br />NORTHEASTERLY /SOUTHWESTERLY ALLEY FOR A DISTANCE OF 360 FEET <br />MORE OR LESS, AND A WIDTH OF 14 FEET. BEING A PART OF HOMELAND <br />ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, <br />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 />