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12-08-08 Council Meeting Agenda & Packet
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12-08-08 Council Meeting Agenda & Packet
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12/4/2008 4:40:14 PM
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ORDINANCE NO. --~•;-. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />ALL RIGHTS-OF--WAY WITHIN THE CRESCENT OAKS, SECTION ONE <br />SUBDIVISION, EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF <br />IRONWOOD ROAD <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code Section 36-7-3-12, the Common Council is <br />charged with the authority to hear all petitions to vacate public ways or public <br />places within the City. <br />The following Ordinance vacates the above described public property. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having held <br />a public hearing on the petition to vacate the following property: <br />ALL RIGHTS-OF-WAY WITHIN THE CRESCENT OAKS, SECTION ONE <br />SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0829850 IN <br />THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, <br />EXCLUDING THE 40 FOOT WIDE HALF RIGHT-OF-WAY OF IRONWOOD <br />ROAD. MORE SPECIFICALLY BEING THE CANAL STREET, ROYAL <br />STREET, ST. CHARLES AVENUE, AND BASIN STREET RIGHTS-OF WAY <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, including, but not limited to, the following: <br />electric, telephone, gas, water, sewer, surface water control structures and <br />ditches, within the vacated right-of-way, unless such rights are released by the <br />individual utilities. <br />SECTION III. The following property may be injuriously or beneficially <br />affected by such vacating: <br />
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