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Ordinance No. ~ I ~ V - ~~ <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />A strip of ground commencing one hundred fifty (150) feet north of the Southwest <br />corner of Lot 165 as shown on the recorded plat of Myers and Funk's Third Plat <br />of Chippewa Heights Addition to the city of South Bend, Indiana, as a point of <br />beginning, thence north along the west line of said Lot 165, a distance of twenty- <br />four (24) feet, thence east parallel to the south boundary line of said Lot 165 one <br />hundred twenty-eight and eleven one hundredths (128.11) feet, thence south along <br />the east line of Lot 165 twenty-four feet (24), thence west parallel to the south <br />boundary line of said Lot 165 one hundred twenty-eight and eleven one <br />hundredths (128.11) feet to the place of beginning. <br />STATEMENT OF PURPOSE AND INTENT <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. <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 public <br />hearing on the petition to vacate the following property: <br />A strip of ground commencing one hundred fifty (150) feet north of the Southwest <br />corner of Lot 165 as shown on the recorded plat of Myers and Funk's Third Plat <br />of Chippewa Heights Addition to the city of South Bend, Indiana, as a point of <br />beginning, thence north along the west line of said Lot 165, a distance of twenty- <br />four (24) feet, thence east parallel to the south boundary line of said Lot 165 one <br />hundred twenty-eight and eleven one hundredths (128.11) feet, thence south along <br />the east line of Lot 165 twenty-four feet (24), thence west parallel to the south <br />boundary line of said Lot 165 one hundred twenty-eight and eleven one <br />hundredths (128.11) feet to the place of beginning. <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 />