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HomeMy WebLinkAboutVacate - 40 foot right of way Lathrop St from the Northwest corner Section 33 Township 38 North Range 2 ORDINANCE No. 7776-87 Passed by the Common Council of the City of South Bend, Indiana July 13, iq 87 Attest: City Clerk IRENE K. GAMMON Attest• f Common Council President o r- - Presented by me to the Mayor of the City of South Bend, Indiana July 13 , ig 87 City Clerk IRENE K. GAMMON Approved and signed by me t I911 �`� A Mayor • • i ORDINANCE NO. 7-77 /,-R7 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY The 40 foot right-of-way of Lathrop Street from the Northwest Corner of Section 33, Township 38 North, Range 2 East, East to 450 feet West of the West right-of-way line of Foundation Drive, a distance of approximately 2,000 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 public 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 40 foot right-of-way of Lathrop Street from the Northwest corner of Section 33, Township 38 North, Range 2 East, East to 450 feet West of the West right- of-way line of Foundation Drive, a distance of approx- imately 2,000 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, tele- phone, 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: None SECTION IV. The purpose of the vacation of the real property is to: Allow for the continued orderly development of the Michiana Regional Airport in accordance with the 1971 Master Plan Study and the current Airport Layout Plan. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. (f2t7 D (77' . , PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS AND ALLEYS) TO THE COMMON COUNCIL DATE June 16, 1987 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The (lst/2nd) (east-west/north-south). ALLEY (east/west/north/south) of STREET, RUNNING (east/west/north/south) FROM STREET, FOR A DISTANCE OF APPROXIMATELY FEET TO: ALL IN (insert subdivision name) B. THE STREET DESCRIBED AS: LATHROP ,/ of th Centerline STREET, FROM 490' west of Foundation STREET, RUNNING WOR/west/nVOVONPOVO TO NW Cor Sec.33.T38N.R2E STREET, FOR A DISTANCE OF APPROXIMATELY 2000 FEET. NAME (printed and signed) ADDRESS LOT # St. Joseph County Airport Authority 4477 Terminal Drive, South Bend, Indiana 46628 CONTACT PERSON: TnLV4 tAuunu ,lnhn C. Schalliol . PE,AAE i- j 1 I. t t; _ -_-- ; 1. / .fit ��/ ° I� \ � _. 4 . i 2 1 l4 i! 1 : 1'. ... i'1 iir I r' � �r.�.� 1 1 r 1 i:;i i 1:i .........,... . ..„: i... 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PARENT, Mayor L� CY ,, f 'I(- f , , (�; COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 Vk:! N}4 r // BOARD OF PUBLIC WORKS 219/204-9412 John E. Leszczynski July 7 , 1987 Patricia E. DeClercq Michael L. Vance MEMBERS OF THE COMMON COUNCIL COUNCIL CHAMBERS County-City Building, 4th Floor South Bend, Indiana 46601 RE: STREET VACATION: 40 ' RIGHT-OF-WAY OF LATHROP STREET FROM N.W. CORNER OF SECTION 33 TO 450 ' RIGHT-OF-WAY LINE OF FOUNDATION DRIVE Dear Members of the Council: In accordance with Municipal Code Section 18-53 .8, a favorable recommendation is being submitted to the Common Council concerning the Vacation Petition filed by Mr. John C. Schalliol, St. Joseph County Airport Authority, 4477 Terminal Drive, South Bend, Indiana, to vacate the following property: The 40 foot right-of-way of Lathrop Street from the north- east corner of Section 33 , Township 38 North, Range 2 East, East to 450 feet West of the West right-of-way line of Foundation Drive, a distance of approximately 2 ,000 feet. For your information, a Public Hearing concerning the Vacation Petition as filed was held by the Board of Public Works on July 7 , 1987 . Mr. John Schalliol on behalf of the St. Joseph County Airport Authority was present and requested favorable consideration of the Petition. He also informed the Board that the street referred to above, when vacated, will be utilized as the main entrance to the general aviation area. A copy of the excerpts of the minutes of the Public Hearing is attached for your information. Based on favorable comments received from the Area Plan Commission, the Engineering Department and the Department of Economic Development, the Board favorably recommends the vacation of the above referred to street subject to any and all utility easements . Sincerely, BOARD OF PUBLIC WOR Sandra M. Parmerlee, Clerk