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Filed in Clerk's Office <br /> Bianca Tirado <br /> BILL NO. <br /> City Clerk, South Bend, IN <br /> ORDINANCE NO. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: <br /> THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION <br /> AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND <br /> MARION SOUTHWESTERLY TO MADISON <br /> STATEMENT OF PURPOSE AND INTENT <br /> Petitioner requests the vacation between the current property lines and the existing right- <br /> of-way in order to allow for a more cohesive development on the property. <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. The following <br /> Ordinances vacates the above-described public property. <br /> NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE 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 portion of the right-of-way along the South side of Marion and East side of Main from <br /> the roundabout at Michigan and Marion southwesterly to Madison, more particularly <br /> described as set forth in Exhibit A. <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 water <br /> control structures and ditches, within the vacated right-of-way, unless such rights are released by <br /> the individual utilities. <br /> SECTION III. The following properties may be injuriously or beneficially affected by <br /> such vacating: <br /> 425 N Dr. Martin Luther King Jr Drive—Parcel ID # 018-1003-0095 <br /> 416 N Main Street—Parcel ID# 018-1003-0089 <br /> SECTION IV. The purpose of the vacation of the real property is to allow for a more <br /> cohesive development on the property as a result of vacating the area between the current property <br /> lines and the existing right-of-way. <br /> 1 <br />