HomeMy Public PortalAbout2015-05 - VACATION OF RIGHT-OF-WAY.1
ORDINANCE 2015 -5
AN ORDINANCE APPROVING THE VACATION OF RIGHTS -OF -WAY INCLUDING A
TWELVE -FOOT (12') ALLEYWAY THAT RUNS EAST FROM CROWN STREET TO
ILLINOIS STREET BETWEEN PECK PT. LOTS 2, 3, 4, 7, 8, 9, 10, 11, 12, 13 & 14, BI 2. AND A
TWELVE -FOOT (12') ALLEYWAY THAT RUNS SOUTH FROM HOWARD STREET TO
ERINS SUBDIVISION BETWEEN PECK PT. LOTS 1, 2, 3, 4, 7, 8, 9, 10 &14, Blk. 2.
LOCATED IN THE CITY OF GREENCASTLE, PUTNAM COUNTY, INDIANA.
WHEREAS, the Petitioner. the Citv 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 map of the right -of -way
are attached hereto and made a part hereof;
WHEREAS, it is proposed that the City of Greencastle vacate the below described right -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, 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 right -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 Crown Street to Illinois Street between Peck Pt. Lots 2.
3 4. 7 8, 9, 10, 11, 12, 13 & 14, Blk. 2.
A Twelve -foot (12`) alleyway that runs south from Howard Street to Erins Subdivision between Peck Pt.
Lots 1, 2 3, 4, 7, 8, 9. 10 &14. Blk. 2.
All public rights -of -way to be vacated are delineated on the attached map which is incorporated herein and
made a part hereof,
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 A D ADOPTED by the Common Council of the City of Greencastle. Indiana this I \ ' ' day
of 201
Ada Cohe Ji sie S. Bingham
Mark . Hammer Phyll' okicki
Approved and signed by me this day of 2015, at o'clock
_?. M.
ATTES
vn a Dunbar. Clerk- Treasurer
Susan V. Murray, Mayor
Synopsis: This ordinance vacates the following public alleyways in the City of Greencastle, Indiana:
A Twelve -foot (12') alleyway that runs east from Crown Street to Illinois Street between Peck Pt. Lots 2,
3, 4, 7, 8, 9, 10, 11, 12, 13 & 14, Blk. 2.
A Twelve -foot (12 alleyway that runs south from Howard Street to Erins Subdivision between Peck Pt.
Lots 1, 2, 3, 4, T 8, 9, 10 &14, Blk. 2.
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:
Milton W. & Mary L. Berry Trust, 805 Crown Street
Lester A. Sr. & Barbara Alexander. 807 Crown Street
Constance Sue Brown, 704 Illinois Street
Charles & Constance Sue Brown Trust, 708 Illinois Street
Charles Theodore Miles Et Al, 702 Illinois Street
Martin R. Chavez Jr. & Jami N. Stevens. 409 1/2 Ohio Street
Patrick M. & Carolvn A. Perrin, 708 Illinois Street