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HomeMy WebLinkAboutVacate - Approximately 390 Lineal Feet of Butternut Rd South of Lathrop StORDINANCE NO.�4 Passed by the Common Council of the City of South Bend, Indiana. April 24, 10 84 Attest: .-��- °Y" �.y,�_�.�...J City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by April 25, 19 84 q S of Common Council IRENE K. GAMMON 19 �% City Clerk ORDINANCE NO. 7,�0 -ky AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY Approximately Three Hundred Ninety lineal feet of Butternut Road South of Lathrop Street. 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 follow- ing property: The sixty foot right -of -way of Butternut Road centered on the existing centerline of Butternut Road, and commencing at a point 20 feet due.North of the intersection of said centerline and the North line of Section 32 Township 38 North, R2E St. Joseph County, Indiana, then Southwesterly along said centerline a distance of approximately 390 feet to the starting point of the 1975 vacation of Butternut Road, which is a point 371.97 feet South of the North line of said section 32 and 851.44 feet West of the North -South centerline of said Section 32. hereby determines that it is desireable 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, in- cluding, 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 benefically affected by such vacating: SECTION IV. perty is to: NONE The purpose of the vacation of the real pro- Allow for the relocation of gates and fence, thereby en- hancing the Security of the Michiana Regional Airport while en- abling necessary airport traffic to flow unhindered by redundant gates and fence. 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. Member of the Convo Council PUBLIC _r:,t ivu c,/_a 5/ rr c` 2nd READING 71 NOT APPROVED REFERRED. PASSED,-' MICHIANA REGIONAL AIRPORT ST. .JOSEPH COUNTY AIRPORT AUTHORITY 4535 TERMINAL DRIVE • SOUTH BEND, INDIANA 46628 -5594 • PHONE (219) 233 -2185 March 21, 1984 Ms. Irene Gammon City Clerk Room 455 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 RE: Vacation Petition, Butternut Road Michiana Regional Airport South Bend, Indiana Dear Ms. Gammon: The only parcel within 200 feet of the proposed vacation is owned by Dale and Gene Matthews. Their addresses are as follows: Dale Matthews, 1509 Arrow Wood Drive, Madison, Wisconsin 53704 - Gene Matthews, P.O. Box 324, Burlington, Indiana 46915. I have enclosed a copy of the sketch which accompanies the petition for vacation of the subject road. I have also included stamped, addressed, legal size envelopes to each of the above property owners. If you have any further questions on this matter, please do not hesitate to contact this office. Sincerely yours, ST. JOSEPH COUNTY AIRPORT AUTHORITY, By ohn C. Sc Elliol, PE Airport Dir JCS /skd Enclosures JAMES K. HUGHES JOHN J. FRICK JOHN 0. HILDEBRAND, JR., M.D. LLOYD S. TAYLOR JOHN C. SCHALLIOL, PE President Vlce President Secretary Treasurer Airport Director VACATION PETITION DATE 1,larch 30, 1984 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE: The (XXlffi /north - south) M/street)1�� � n 'tzr�oym as Butternut Road. from the North Right o ' tiVay of Lathrop St. south tb. the point of previous vacation in 1975. in Addition. NAME ADDRESS St, Joseph County !airport Authority 4535 Terminal Drive South Bend., India 46628 e IRENE GAMMON CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, IN 46601 Tommultr Irport (!o tot (Mammon (IIounrd of #tit Ttuj of ojaid 4 Stub: Your Committee OF THE WHOLE to whom was referred 35 -84 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: APPROXIMATELY THREE HUNDRED NINETY LINEAL FEET OF BUTTERNUT ROAD SOUTH OF LATHROP STREET. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. JOSEPH T. SERGE Chairman FREE PRESS PUBLISHING CO.