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HomeMy Public PortalAbout01 - 2019-1 - VACATION OF ALLEYWAYS (BETWEEN HOWARD & BROADWAY; MAPLE & MAIN) ORDINANCE 2019-1 AN ORDINANCE APPROVING THE VACATION OF PARTIAL ALLEYWAYS BETWEEN HOWARD STREET AND BROADWAY STREET,AND BETWEEN MAPLE AVENUE AND MAIN STREET,LOCATED IN THE CITY OF GREENCASTLE,PUTNAM COUNTY,INDIANA WHEREAS,the Petitioner Summit Builders,Inc.,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 is a public alleyway which runs from Howard Street toward Broadway Street(between Maple Avenue and Main Street),between Lots 2,3,4,5,and 6 in Block 3 of the Depot Enlargement in the City of Greencastle, Putnam County, Indiana. (See attached site map.) Said alleyway is not used for service or through traffic, is grass covered,and has been maintained by the adjacent landowners; WHEREAS,there is a public alleyway which runs from Main Street toward Maple Avenue (between Howard Street and Broadway Street),between Lots 5 and 6,of the Depot Enlargement in the City of Greencastle,Putnam County, Indiana. (See attached site map.) Said alleyway is not used for service or through traffic,is grass covered,and has been maintained by the adjacent landowners; WHEREAS,the Petitioner requests that the City of Greencastle vacate the above described alleyways,and that the adjacent land owners own the property to the centerline of the alleyway; 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 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,after holding a public hearing January 10, 2019,has determined that closing of the following described public ways 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 portions of the public rights-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 portions of the public rights-of-way located in the City of Greencastle,Putnam County,Indiana,and more particularly described as follows: • 1. a public alleyway which runs from Howard Street toward Broadway Street(between Maple Avenue and Main Street),between Lots 2,3,4, 5, and 6 in Block 3 of the Depot Enlargement,in the City of Greencastle,Putnam County,Indiana. (See attached site map.) 2. a public alleyway which runs from Main Street toward Maple Avenue (between Howard Street and Broadway Street),between Lots 5 and 6,of the Depot Enlargement in the City of Greencastle,Putnam County, Indiana. (See attached site map.) are hereby vacated as public alleyways 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. 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 /Y day of FEB 1,111,e ,2019. Adam •-en Mar ammer A Stacie Lang"'on .teve Fields Ty er ad/ Gary Lemon ve urray . rte, Approved and signed by me this /1/ day of FEQ,e,-4.3g7 ,2019,at 7; SS o'clock .m. dfdL41, - William A. Dory,Jr.,Mayor ATTEST: yn Dunbar,Clerk-Treasurer Synopsis: This ordinance vacates the following public alleyways in the City of Greencastle,Indiana: 1. a public alleyway which runs from Howard Street toward Broadway Street(between Maple Avenue and Main Street),between Lots 2,3,4,5,and 6 in Block 3 of the Depot Enlargement,in the City of Greencastle,Putnam County,Indiana. (See attached site map.) 2. a public alleyway which runs from Main Street toward Maple Avenue (between Howard Street and Broadway Street), between Lots 5 and 6, of the Depot Enlargement in the City of Greencastle,Putnam County,Indiana. (See attached site map.)