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9922-09 Vacation - Street - portion of Franklin Street
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9922-09 Vacation - Street - portion of Franklin Street
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Last modified
9/24/2009 2:11:16 PM
Creation date
6/2/2009 2:53:13 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
5/11/2009
Ord-Res Number
9922-09
Bill Number
22-09
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ORDINANCE NO. l l~~ ~ 1 <br />AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br />THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF FRANKLIN <br />STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE bF INDIANA AVENUE, <br />NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A DISTANCE OF <br />APPROXIMATELY 1324 FEET MORE OR LESS AND A WIDTH OF 57.75 FEET. ALSO TO <br />BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF BROADWAY STREET <br />RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN STREET,-EAST TO THE <br />WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A DISTANCE OF APPROXIMATELY <br />340 FEET MORE OR LESS AND A WIDTH OF 74.25 FEET. <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 <br />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 CITY <br />OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council of the City of South Bend having <br />held a public hearing on the petition to vacate the following property: <br />THE RIGHT-OF-WAY TO BE VACATED IS DESCRIBED AS THE PORTION OF <br />FRANKLIN STREET RUNNING FROM THE NORTH RIGHT-OF-WAY LINE OF INDIANA <br />AVENUE, NORTH TO THE SOUTH RIGHT-OF-WAY OF STULL STREET, BEING A <br />DISTANCE OF APPROXIMATELY 13241 FEET MORE OR LESS AND A WIDTH OF 57.75 <br />FEET. ALSO TO BE VACATED IS THAT PORTION OF THE RIGHT-OF-WAY OF <br />BROADWAY STREET RUNNING FROM THE EAST RIGHT-OF-WAY LINE OF FRANKLIN <br />STREET, EAST TO THE WEST RIGHT-OF-WAY OF LAFAYETTE BLVD. BEING A <br />DISTANCE OF APPROXIMATELY 3401 FEET MORE OR LESS AND A WIDTH OF 74.25 <br />FEET. ALL SITUATED IN BOTH STULL'S 2ND ADDITION TO THE CITY OF SOUTH <br />BEND AND STULL' S 1ST ADDITION TO THE CITY OF MYLER, NOW CITY OF SOUTH <br />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, <br />Indiana, to construct and maintain any facilities, including, but not <br />limited to, the following: electric, telephone, gas, water, sewer, <br />surface water control structures and ditches, within the vacated right- <br />of-way, unless such rights are released by the individual utilities. <br />
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