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ORDINANCE NO. 104f i CO <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />The alley to be vacated is the first North /South alley West of 29th Street from Mishawaka <br />Avenue to the first East /West alley for a distance of 130 feet and a width of 16 feet. Said alley <br />being a part of Eggleston's 1St Addition, City of South Bend, Portage Township, St. Joseph <br />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 Public Hearing <br />on the petition to vacate the following property: <br />The alley to be vacated is the first North /South alley West of 29th Street from Mishawaka <br />Avenue to the first East /West alley for a distance of 130 feet and a width of 16 feet. Said alley <br />being a part of Eggleston's 1St Addition, City of South Bend, Portage Township, St. Joseph <br />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 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 <br />water control structures and ditches, within the vacated right -of -way, unless such rights are <br />released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected by such <br />vacating: <br />71- 09 -17- 201 - 001.000 -026, 71- 09 -17- 128 - 005.000 -026 <br />