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~. <br />ORDINANCE NO . ` ~ ~ ` ^ ` 1 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE ALLEY TO BE VACATED IS DESCRIBED AS THE <br />FIRST EAST/WEST ALLEY NORTH OF W. TASHER <br />STREET FROM THE EAST RIGHT-OF-WAY OF S. MAIN <br />STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST <br />NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A <br />DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH <br />OF 14 FEET. PART LOCATED IN WHITCOMB & <br />KELLER'S BEVERLY HEIGHTS ADDITION, CITY OF <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 <br />is charged with the authority to hear all petitions to vacate <br />public ways or public places within the City. <br />The following Ordinance vacates the above described public <br />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 <br />having held a public hearing on the petition to vacate the <br />following property: <br />THE ALLEY TO BE VACATED IS DESCRIBED AS THE <br />FIRST EAST/WEST ALLEY NORTH OF W. TASHER <br />STREET FROM THE EAST RIGHT-OF-WAY OF S. MAIN <br />STREET TO THE WEST RIGHT-OF-WAY OF THE FIRST <br />NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A <br />DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH <br />OF 14 FEET. PART LOCATED IN WHITCOMB & <br />KELLER'S BEVERLY HEIGHTS ADDITION, CITY OF <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 <br />and easements of all utilities and the Municipal City of South <br />Bend, Indiana, to construct and maintain any facilities, including, <br />but not limited to, the following: electric, telephone, gas, <br />water, sewer, surface water control structures and ditches, within <br />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 <br />beneficially affected by such vacating: <br />Lot Nos. 9 & 10 <br />