Vacation - a portion of East Madison Street -

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ORDINANCE N0. ~~1~ ~ I AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF EAST MADISON STREET, MORE PARTICULARLY DESCRIBED AS: The South 12.5 feet of the original 82.5 foot right-of-way from the East right-of-way of North Notre Dame Avenue to the West right-of- way of the first North-South alley East of North Notre Dame Avenue and South of East Madison Street, for a distance of approximately 165 feet and also the South 12.5 feet of East Madison Street of the original 82.5 foot right-of-way from the East right-of- way of the first North-South alley East of North Notre Dame Avenue and South of East Madison Street, to the West right-of-way of North Frances Street for a distance of approximately 165 feet. STATEMENT OF PURPOSE AND INTENT Pursuant. to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the Petition to Vacate the following property: The South 12.5 feet of the original 82.5 foot right-of-way from the East right-of-way of North Notre Dame Avenue to the West right-of- way of the first North-South alley East of North Notre Dame Avenue and South of East Madison Street, for a distance of approximately 165 feet and also the South 12.5 feet of East Madison Street of the original 82.5 foot right-of-way from the East right-of- way of the first North-South alley East of North Notre Dame Avenue and South of East Madison Street, to the West right-of-way of North Frances Street for a distance of approximately 165 feet; hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots Numbered 1 and 6 in Dunn & Myler's Subdivision City of South Bend, Indiana.