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• <br /> • i <br /> ORDINANCE NO. 7-77 /,-R7 <br /> AN ORDINANCE TO VACATE THE <br /> FOLLOWING DESCRIBED PROPERTY <br /> The 40 foot right-of-way of Lathrop Street from the Northwest Corner <br /> of Section 33, Township 38 North, Range 2 East, East to 450 feet West of the <br /> West right-of-way line of Foundation Drive, a distance of approximately 2,000 feet <br /> STATEMENT OF PURPOSE AND INTENT <br /> Pursuant to Indiana Code Section 36-7-3-12, the Common <br /> Council is charged with the authority to hear all petitions to <br /> vacate 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 40 foot right-of-way of Lathrop Street from <br /> the Northwest corner of Section 33, Township 38 North, <br /> Range 2 East, East to 450 feet West of the West right- <br /> of-way line of Foundation Drive, a distance of approx- <br /> imately 2,000 feet. <br /> hereby determines that it is desirable to vacate said property. <br /> SECTION II. The City of South Bend hereby reserves the <br /> rights and easements of all utilities and the Municipal City of <br /> South Bend, Indiana to construct and maintain any facilities, <br /> including, but not limited to, the following: electric, tele- <br /> phone, gas, water, sewer, surface water control structures and <br /> ditches, within the vacated right-of-way, unless such rights are <br /> released by the individual utilities. <br /> SECTION III. The following property may be injuriously or <br /> beneficially affected by such vacating: <br /> None <br /> SECTION IV. The purpose of the vacation of the real <br /> property is to: <br /> Allow for the continued orderly development of the Michiana <br /> Regional Airport in accordance with the 1971 Master Plan Study <br /> and the current Airport Layout Plan. <br /> SECTION V. This ordinance shall be in full force and effect <br /> from and after its passage by the Common Council and approval by <br /> the Mayor. <br /> (f2t7 D (77' . , <br />