HomeMy Public PortalAbout2014-05 - RIGHTS OF WAYORDINANCE 2014 -5
AN ORDINANCE APPROVING THE VACATION OF RIGHTS -OF -WAY INCLUDING MARTHA
STREET, BADGER STREET, AN ALLEYWAY BETWEEN COLLEGE STREET AND SPRING
STREET, AND AN ALLEYWAY EAST OF ROCKVILLE ROAD LOCATED IN THE CITY OF
GREENCASTLE, PUTNAM COUNTY, INDIANA
WHEREAS, the Petitioner, the City of Greencastle, is the owner of certain real estate which is located
in an area under the jurisdiction of the Common Council of the City of Greencastle;
WHEREAS, there are certain rights -of -way within the City which are currently not used by the City
and for which there are no projected uses. Said rights -of -way are not used for service or through traffic or
utilities, are grass covered, and have been maintained by the adjacent landowners. A maps of the rights -of -way
are attached hereto and made a part hereof;
WHEREAS, it is proposed that the City of Greencastle vacate the below described rights -of -way, and
that the adjacent land owners own the property to the centerline of the rights -of -way;
WHEREAS, a list of the abutting or nearby landowners to the public way to be vacated, other than the
Petitioner, is attached hereto and made a part hereof.
WHEREAS, that all of the public way to be vacated lies wholly within the jurisdiction of the Common
Council of the City of Greencastle, Indiana;
WHEREAS, the adjoining property owners have either consented or have been notified pursuant to
statute as to the vacation of the rights -of -way; and
WHEREAS, the Common Council of the City of Greencastle, Indiana, has determined that closing of
the following described public way is in the public and economic interest of the City of Greencastle, such
closing will not unreasonably interfere with the flow of traffic on the City of Greencastle road system, that the
relief requested in said Petition should be granted and that the portion of the public right -of -way located in the
City of Greencastle, Indiana, should be vacated.
NOW THEREFORE be it ordained by the Common Council of the City of Greencastle, Indiana, that
the following portions of the public right -of -way located in the City of Greencastle, Putnam County, Indiana,
and more particularly described as follows are hereby vacated as a public rights -of -way of the City of
Greencastle, Putnam County, Indiana and that such lands shall cease to be a public street, right -of -way or
alleyway and that title to such vacated land shall revert pursuant to law to the adjoining property owners to the
middle of the alleyway:
A Twelve -foot (12') alleyway that runs east from College Street to Spring Street between lots 165,
166, 187, and 188 of the Original Plat of the City of Greencastle.
A Forty-foot (40') ROW "Badger Street" that runs north from Jacob Street between lots 2, 3, 12,
13, 18 and 19 of the Badger Park Subdivision.
A Forty-foot (40') ROW "Martha Street" that runs east from Rockville Road between lots 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 of the Badger Park Subdivision.
A Twelve -foot (12') alleyway that runs east from Rockville Road between lots 3, 4, 5, 6, 7, 8, 9,
10, 11, 12 of the Badger Park Subdivision.
The City of Greencastle shall retain a perpetual easement in the vacated right -of -way together
with the right to erect, lay construct, inspect, repair, remove, or replace water lines, sanitary sewers, storm
sewers and other municipal utilities in said vacated right -of -way with modern equipment. No permanent
structure may be constructed upon said easement without the written permission of the City.
This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and
its approval by the Mayor.
PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this $h day
of i L ,2014
Adam Coen
Mark N. Hammer
ATTEST:
-L
L Dunbar, Clerk- Treasurer
Z �sfE 5
Jingle S. Bingham
( i i, /&
Phyllikicki
Approved and signed by me this thl day of ApQ, I
Susan V. Murray, Mayor
, 2014, at --- )' �\ \S o'clock
Synopsis: This ordinance vacates the following public alleyway in the City of Greencastle, Indiana:
A Twelve -foot (12') alleyway that runs east from College Street to Spring Street between lots 165, 166, 187, and 188
of the Original Plat of the City of Greencastle.
A Forty-foot (40') ROW "Badger Street" that runs north from Jacob Street between lots 2, 3, 12, 13, 18 and 19 of
the Badger Park Subdivision.
A Forty-foot (40') ROW "Martha Street" that runs east from Rockville Road between lots 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, and 23 of the Badger Park Subdivision.
A Twelve -foot (12') alleyway that runs east from Rockville Road between lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 of the
Badger Park Subdivision.
I
The names and addresses of all owners of land that abut or are otherwise located near the portion of
the property to be vacated are as follows:
Danielle S. Rader, 207 North College Avenue
Paul D. and Judith C. Brown, 203 North College Avenue
Tonda Madden, 208 East Liberty Street
Darrell J. and Vicki Wilson, 409 West Jacob Street
Timothy and Coralina Brothers, 411 West Jacob Street
Troy A. Pelfrey, 415 West Jacob Street
Paul A. and Anna L. Wilson,
Timothy Steven Brothers, 411 West Jacob Street
Paul D. Wilson & Marcia Ann Humphress, Paula J. Marrero, James D. Wilson & Donna Faye
Lotz, Anna Lee Schroeder Life Estate, 407 West Jacob Street
Opportunity Housing, 405 West Jacob Street