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HomeMy Public PortalAbout2000-26 Vacate Public Right-of-WayORDINANCE NO. 2000-- U ® AN ORDItI'ANC>E APPR0V1[ G TffE PETITION OF DEMON UNIVERSITY S' T€9 VACATE PUBLIC RIGHT- OIL' -WAY LOCATED IN THE CITY OF GREENCASTLE, PUTNAM COUNTY. INDIANA WHEREAS, the plan. Commission of the City of Greencastle, Indiana, did at its regular meeting held on November 27, 2000, approve the Petition of DePauw University for the vacation of a certain public right -of -way located in the City of Greencastle; and WHEREAS, the Common Council of the City of Greencastle, Indiana, pursuant to law, published notice that this matter would come before the Common Council for public hearing at the regular meeting of the Common Council to be held on �QLc, /� 2000 at 7:00 o'clock, p.m. at City Hall, One North Locust Street, Greencastle, Indiana; and '"r7IEREAS, the adjoining property owners have consented or have been notified pursuant to statute as to the vacation of the right -of -way; and WHEREAS, the Common Council of the City of Greencastle, Indiana, has after public hearing determined the relief prayed for 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 public right -of -way located in the City of Greencastle, Putnam County, Indiana, and more particularly described as follows: Alley between Indiana Street and Jackson Street, Situate in the State of Indiana, County of Putnam and being a part of the Southwest cprw•ter of Section 21, .To wnship 14 North, Range 4 West of the Second Principal Meridian, more particularly described to - wit. - Commencing at the intersection of the South right -of -way line of Ranna Street and the East right -of -way line of Jackson Street; thence South 150.0 feet with the East right -of- way line of Jackson Street to the true point of beginning of the real estate herein described; thence East 220.5 feet more or less with the North right- of -ti-nay line of a 12 foot alley to the Wesl right -of -way line of Indiana Street,- thence South 12.1' with the said West right -of- -way line to the South right -of -way line of the aforesaid 12 foot alley; thence West 219.3 feet more _ or less with the said South right- of -0f line to the East right -of -wary line of Jackson Street; thence North 12.0 feet with the said East right -of -way line to the point of beginning, containing 0.06 acre, more or less. is hereby vacated as a public right -of -way of the City of Greencastle, Putnam County, Indiana. The City of Greencastle retains a perpetual easement in the vacated right -of -way together with the right to erect, lay, construct, inspect, repair, remove, or replace water lines, sailitary ® sewers, storm setivers and other rnunicipal utilities in said vacated right -of -way with modern equipment. No permanent structure may be constructed upon said easement. This Ordinance shall have the full force and effect of law immediately upon its passage by the Common Council of the City of Greencastle, Indiana. THIS ORDINANCE was passed and adopted this • ATT Pamm Jones Clerk- Treasurer t % day of 2001. r' NanY Presi Presented by me to the Mayor of Greencastle, Indiana, 2004 t 'tau o'clock, .m. Pamm Jones, Clerk- Treasurer Approved o'clock, P­ m. this ��day of and signed by me this day of 2000, at O U T - S' Pamm Jones Clerk- Treasurer � Nancy Mi hael Presiding ricer SYNOPSIS This ordinance vacates the following public right -of -way in the City of Greencastle: Alley between Indiana Street and Jackson Street. Petitioner: DePauw University • GREENCASTLE CITY PLAN COMMISSION DOC10,T NO. 2000- S Amendment to Zoning Map, Chapter 10 -35 of the City of Greencastle Code to rezone 0.79 acres located on between Indiana Street and Jackson Street from R -1 (Single Family Residential) to IR2 ® (Low Density Muhiple- Family Residence) and 1.16 acres from C -1 (Local Business District) to R2 (Low Density Multiple- Family Residence). Legal Descriptions attached, Petitioner: DePauw University WHEREAS, the Plan Commission of the City of Greencastle, initiated and prepared the attached ordinance to amend the Greencastle Planning and Zoning Ordniance by amending the zoning map; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on November 27, 2000, after timely notice of the hearing was given by publication in the Banner- Graphic Greencastle, Indiana on November 17,2000; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in IC 36 -7 -4 -603 in consideration of the ordnance and determination of a recommendation to be made to the Common Council: 1. the comprehensive plan; • 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughoutthe jurisdiction; and 5. responsible growth and development. WHEREAS, the Greencastle Plan Commission certifies this ordinance to the Common Council with a favorable recommendation, subject to the conditions or commitments attached hereto and/or stated in the minutes of the Plan Commission, and incorporated herein and made a part of this certification. Dated this 27th day of November, 2000, GREENCASTLE CITY PLAN COMMISSION BY Presiding Officer 1. Plat showing area to be rezoned. 2. Legal description for 0.79 acres located on between Indiana Street and Jackson Street to be rezoned from R -1 (Single Family Residential) to R2 (Low Density Multiple - Family • Residence). 3. Legal description for 1.16 acres to be rezoned from C -1 (Local Business District) to R2 (Low Density Nfultiple- Family Residence). CI E " Area to be rezoned from R -1 (One- Family Residence,) to R -2 (Low Density Residential) Situate in the State of Indiana, County of Putnam and being a part of the Southwest quarter of Section 21, Township 14 North, Range 4 West of the Second Principal Meridian, more particularly described to wit: Beginning at the intersection of the South right -of -way line of Hanna Street and the East right -of -way line of Jackson Street; thence East 236.0 feet with the South right -of -way line of Hanna Street to the West right -of -way line of Indiana Street; thence Southerly 150.9 feet, more or less, with the said West right -of -way line to the North line of a 12 foot wide alley; thence West 220.5 feet, more or less, with the North right -of -way line of said alley to the East right -of -way line of Jackson Street; thence North 150.0 feet with the said East right -of -way line to the point of beginning, containing 0.79 acre, more or less. Subject to all rights -of -way and pertinent casements of record. Prepared this 8 day of September, 2000 C. David Helton, Reg. Land Surveyor #870007 ASA Land Surveying (��C " !) 6-1 ��D c Re: 00- 267(428) DePauw University Sheet 2 of 4 Revised: October 2, 2000