HomeMy Public PortalAbout1999-06 Vacate Public Right-of-WayORDINANCE NO. 1999 -6
g AN ORDINANCE APPROVING THE PETITION OF DEPAUW UNIVERSITY TO
VACATE PUBLIC RIGHT -OF -WAY LOCATED IN THE CITY OF GREENCASTLE,
PUTNAM COUNTY, INDIANA
WHEREAS, DePauw University, an educational institution chartered by the General
Assembly of the State of Indiana, 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; and
WHEREAS, there are certain public ways contiguous to said real estate; and
WHEREAS, DePauw University desires to vacate certain public ways as described in the
Petition filed herein on February 2, 1998 with the Clerk- Treasurer and forwarded to the Plan
Commission of the City of Greencastle, Indiana, and which portion of public way to be vacated
is more particularly described below; and
WHEREAS, the abutting land owner to the public way to be vacated, other than DePauw
University, is Phi Kappa Psi Fraternity, 502 South College Street, Greencastle, Indiana 46135;
and
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; and
WHEREAS, the Plan Commission of the City of Greencastle, Indiana, did at its regular
meeting held on March 29, 1999, 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 Tuesday, May 11, 1999 at 7:00
o'clock, p.m. at the Putnam County Public Library, 103 East Poplar, Greencastle, Indiana; and
WHEREAS, 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 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 and that 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,
0 Putnam County, Indiana, and more particularly described as follows: RECEIVED FOR RECORD .J
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O'CLOCK &I M
DULY ENTERED FOR TAXATION -PAGE_
Subject to final acceptance for transfer hj JUL 26 1999
AUG 05 1993 s3 ooK11� PAGE
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College Street (a/kda College Avenue) from Simpson Street to Hanna Street.
Legally described as follows: Beginning at the Southwest corner of Lot 210 in
the Original Plat of the City of Greencastle; thence West 43.5 feet with the North
right -of -way line of Hanna Street to the Southeast comer of Lot 211; thence
North 716 feet with the West right -of -way line of College Street to the South
right -of way line of Simpson Street; thence East 43.5 feet with the South right -of-
way line of Simpson Street to the East right -of way line of College Street; thence
South 716 feet with the East right -of -way line of College Street to the point of
beginning, containing 0.72 acres, more or less.
is hereby vacated as a public right -of -way of the City of Greencastle, Putnam County, Indiana,
and that such lands shall cease to be a public street or right -of -way and that title to such vacated
land shall revert pursuant to law to DePauw University and Phi Kappa Psi Fraternity.
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, 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.
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 P day
Nancy Michael
Presiding Officer
AT T:
Pamm Jones
Clerk- Treasurer
Presented by me to the Mayor of Greencastle, Indiana, this J1' 6 day of
1999, at t.'3 o'clock, F.m. r
Pamm Jones, Clerk-
0
1999. •
Approved and signed by me this Z 2 day of 1999, at 8' 3S
o'clock, P— . M.
AT:
Pamm Jones, Clerk- r as er
Nancy Mich 1, Presiding Officer
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SYNOPSIS
• This ordinance vacates the following public right -of -way in the City of
Greencastle: College Street (a/k/a College Avenue) from Simpson Street to
Hanna Street. (Petitioner: DePauw University).
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