HomeMy WebLinkAboutVacate - 40 Feet Right of Way of Lathrop St Northeast corner of Section 32 Township 38 N Range 2ORDINANCE No. 7014 -82
Passed by the Common Council of the City of South Bend, Indiana
January 11, Ig 82
Ir ld�---✓
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend,
January 12, 1982
Clerk
of Common Council
4 ' `°'- City Clerk
IRENE K. GAMMON
Approved and signed by
BILL NO. 136 -81
ORDINANCE
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The 40 foot right of way of Lathrop Street from the
Northeast corner of Section 32, Township 38 North, Range 2
East West to the East right of way line of Butternut Road,
a distance of approximately 3400 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 Send
having held a public hearinq on the petition to vacate tho
following property:
The 40 foot right of way of Lathrop Street from the
Northeast corner of Section 32, Township 38 North, Range 2 East
West to the East right of way line of Butternut Road, a
distance of approximately 3400 feet.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the
rights and casements 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 releasod
by the individual utilities.
SECTION ITT. The following property may be injuriously
or here ficial.ly 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.
from and after its
Mayor.
This ordinance shall be in full force and effect
passage by the Common Council and approval by the
i
Member of the Common Council
1.1 READING /Q -/ N- 9'/
PUBLIC HEARING
2nd READING
NOT APPROVED
REFERRED
PA66Ea
FRED 14 ELE 'S DRE
NOV 2 41981
Irene Gammon
VACATION PETITION
DATE 11 -24 -81
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
The (east- west /north- south) (alley /street) in the block
bounded by the Michiana Regional Airport
in St. Joseph County, Indiana
NAME
St. Joseph County Airport Authority
IRENE GAMMON
CITY CLERK
ROOM 455
COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
ADDRESS
Michiana Regional Airport
Terminal rive
South Bend, Indiana 46628 -5594
(90mattf r arp"t
Rio file (douu m Moumcil of tot (lug of 0OW4 senh:
Your Committee OF THE WHOLE
to whom was referred
BILL NO.
136 -81 A BILL TO VACATE THE FOLLOWING
RIGHT OF WAY OF LATHROP STREET
SECTION 32, TOWNSHIP 38 NORTH,
RIGHT OF WAY LINE OF BUTTERNUT
3400 FEET.
DESCRIBED PROPERTY: THE 40 FOOT
FROM THE NORTHEAST CORNER OF
RANGE 2 EAST WEST TO THE EAST
ROAD, A DISTANCE OF APPROXIMATELY
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED
TO THE COUNCIL FAVORABLE.
JOHN VOORDE
Chairman
I... I.... E_2*. 1..U.M.. CO.
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601
BOARD OF PUBLIC WORKS December 15, 1981 219/284 -9412
John E. Leszczynski, President
Richard L. Hill
Joseph E. Kernan
Common Council
County -City Building
South Bend, Indiana 46601
Dear Council Members:
In accordance with Ordinance No. 6976 -81, the
following recommendation is being submitted to the Common
Council concerning the petition to vacate a portion of
Lathrop Street filed by the St. Joseph County Airport
Authority.
Favorable comments have been received by the
Board from the Engineering Department, Area Plan
Commission and Community Development Department. In
response to concerns raised by the Engineering Department
regarding a turn - around area at the west end of Lathrop
Street, the Airport Authority agreed to construct a
cul -de -sac on Lathrop immediately west of the joint
entrance to the Airport Safety /Maintenance Complex and
the FAA Air Traffic Control Tower to be used by the
public traveling westbound on Lathrop who are not
aware Lathrop has been closed.
Fire Chief Timothy Brassell, although not objecting
to the proposed vacation, also expressed concern about
fire safety in the area west of the airport property.
Following a meeting with airport officials, it was
determined that response and access to that area
with the vacation of Lathrop Street would be adequate.
A public hearing was held by the Board concerning
the proposed vacation, at which time the objection of
Gene and Dale Matthews, owners of property at the north-
east corner of Butternut Road and Lathrop Street, was
received and filed. A copy of their objection to the
vacation and the excerpts of minutes from the Board
meetings are enclosed for your information.
Common Council
Page 2
December 15, 1981
After due consideration, the Board hereby submits
a favorable recommendation to the Common Council for
the vacation of Lathrop Street from the northeast corner
of Section 32, Township 38 North, Range 2 East, west
approximately 3,400 feet to the east right -of -way line
of Butternut Road. If approved by the Common Council,
the Engineering Department will coordinate the construction
of the cul -de -sac on Lathrop Street with airport officials.
As usual, the Board's recommendation is made subject
to easements for any and all utilities.
Sincerely,
BOARD OF PUBLIC WORKS
&a-, G � 9 - 4 o�
Barbara J. Byers, Clerk
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Enclosures