HomeMy Public PortalAbout2016-01 - RIGHT-OF-WAY FROM COLLEGE TO LINCOLN AVE ORDINANCE 2016 -J
AN ORDINANCE APPROVING THE VACATION OF RIGHTS -OF -WAY INCLUDING A
FIFTEEN -FOOT (15') CITY OF GREENCASTLE RIGHT -OF -WAY THAT RUNS
WEST FROM COLLEGE STREET TO LINCOLN AVENUE THROUGH ALLEN'S PT
LOT 21 OF BERRY'S ENLARGEMENT PT BLOCK 1, COMMONLY KNOWN AS
PINE STREET, 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 cunently not used by the City
and for which there are no projected uses. Said rights -of -way are used by 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 right -of -way;
WHEREAS, a list of the abutting or nearby landowners to the public way to be vacated 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 right -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 fifteen -foot (15') City of Greencastle right-of-way that runs west from College Street to Lincoln Avenue
through Allen's Pt Lot 21 of Berry's Enlargement Pt Block 1, commonly known as Pine Street.
- 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 modem 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 I2 day
of A p l , 2016
dam Cohen teve Fields 9lie—
Mark N. Hammer Dave Murray
Tyler Wade r St cie Langdon
Air dir
ary Lemon
Approved and signed by me this 1 ? day of A fill L , 2016, at $ : 06 o'clock
.m.
/ ., _,_Ae,_...a 4
William A. Dory, Jr., Mayor r
ATTEST:
ynd. P unbar, a - Treasurer
Synopsis: This ordinance vacates the following public alleyways in the City of Greencastle, Indiana:
A fifteen -foot (15') City of Greencastle right -of -way that runs west from College Street to Lincoln Avenue
through Allen's Pt Lot 21 of Berry's Enlargement Pt Block 1, commonly known as Pine Street.
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:
Lambda Corporation, 916 South Locust Street, Greencastle, IN 46135
Mark A. & Theresa L. Scheler, 910 Lincoln Avenue, Greencastle, IN 46135
David A. & Susan D. Earles, 10 Pine Street, Greencastle, IN 46135