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ORDINANCE NO. ~ 1 ~~ `~" <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />The first north/south alley east of McPherson Street from the north right-of-way of Western <br />Avenue to the south right-of-way of the first east/west alley north of Western Avenue for a <br />distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, <br />South Bend, St. Joseph County, Indiana. <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 CITY OF SOUTH <br />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 first north/south alley east of McPherson Street from the north right-of-way of Western <br />Avenue to the south right-of-way of the first east/west alley north of Western Avenue for a <br />distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, <br />South Bend, St. 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 <br />EASEMENTS OF ALL UTILITIES AND THE MUNICIPAL CITY OF SOUTH BEND, INDIANA TO <br />CONSTRUCT AND MAINTAIN ANY FACILITIES, GAS, WATER, SEWER, SURFACE WATER, <br />CONTROL STRUCTURES AND DITCHES, WITHIN THE VACATED RIGHT-0F WAY, UNLESS <br />SUCH RIGHTS ARE RELEASED BY THE INDIVIDUAL UTILITIES. <br />SECTION III. THE FOLLOWING PROPERTY MAY BE INJURIOUSLY OR BENEFICIALLY <br />AFFECTED BY SUCH VACATING: <br />18-3069-2681 Lot 1 Deardoff s Sub. (1037 Western Avenue) <br />18-3069-2706 Lot 15 DeardofPs Sub. (1017 Western Avenue) <br />