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<br />ORDINANCE NO. <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH <br />ALLEY WEST OF MAIN STREET FROM WAYNE STREET <br />SOUTH TO ~ THE FIRST EAST/WEST ALLEY FOR A <br />DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH <br />OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL <br />PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, <br />PORTAGE TOWNSHIP, 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 <br />the 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 />THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN <br />STREET FROM WAYNE STREET SOUTH TO THE FIRST <br />EAST/WEST ALLEYFOR A DISTANCE OF 198 FEET, MORE <br />OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A <br />PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY <br />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 <br />all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any <br />facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, <br />surface water control structures and ditches, within the vacated right-of-way, unless such <br />rights are released by the individual utilities. <br />SECTION III. The following property may be injuriously or beneficially affected by <br />