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HomeMy Public PortalAbout2005-01 - PETITION OF DEPAUW UNIV. TO VACATE PUBLIC RIGHT-OF-WAY LOCATED IN CITY" ORDINANCE 2005 -1 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; WHEREAS, there are certain public ways contiguous to said real estate; WHEREAS, DePauw University desires to vacate certain public ways as described in the Petition filed herein on October 28, 2004 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; WHEREAS, the abutting or nearby landowners to the public way to be vacated, other than DePauw University, are: " Delta Zeta Sorority Marvins c/o Mike Sullivan 201 E. Seminary 202 S. College Greencastle, IN 46135 Greencastle, IN 46135 Seminary Place c/o Mary Tesmer Gobin Memorial United Methodist Church 210 E. Seminary 307 Simpson Street Greencastle, IN 46135 Greencastle, IN 46135 WHEREAS, that all ofthe public way to be vacated lies wholly within the jurisdiction ofthe Common Council of the City of Greencastle, Indiana; WHEREAS, the Plan Commission of the City of Greencastle, Indiana, did at its regular meeting held on November 22, approve the Petition of Depauw University for the vacation of a certain public right -of -way located in the City of Greencastle; 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 held a public hearing on this matter January 11, 2005 at 7:00 p.m. and has determined that closing of the following described public way is in the public and economic interest of the City of Greencastle, such closing ,1 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 portion of the public right -of -way located in the City of Greencastle, Putnam County, Indiana, and more particularly described as follows: College Avenue from Seminary Street to Simpson Street Simpson Street from College Avenue to Spring Street Situate in the State of Indiana, County of Putnam and being a part of the Original Plat to the Town (now City) of Greencastle, Indiana as the same appears of record in Plat Book 1, page 6 in the office of the Recorder of Putnam County, Indiana, more particularly described to- wit: Beginning at the Northwest corner of Lot 196 in the Original Plat to the Town (now City) of Greencastle, Indiana; thence south 254.6 feet with the East right -of -way line of College Street to the Northwest comer of Lot 209 of said Original Plat; thence West 43.5 feet to the Northeast comer of Lot 208 of said Original Plat; thence North 254.6 feet with the West right -of -way line of College Street to the Northeast comer of Lot 197 of said Original Plat; thence East 43.5 feet to the point of beginning, containing 0.25 of an acre, 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. 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, stone sewers and other municipal utilities in said vacated right -of -way with modem equipment. No permanent structure may be constructed upon said easement. 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 • _ day of , `z C 1 2005. ZZZ Thomas W. Roach 6 An Lanie Ma W.14amnier Russell W. Evans 11 l ob aek ' � �' �� Approved and signed by me this o day of? lI GC h 2005, at o'clock _P_.m. Nancy A. 11 hhael, Mayor ATTEST: J Teresa Glenn, Clerk- Treasurer Synopsis: this ordinance vacates the following public right -of -way in the City of Greencastle: College Avenue (a /k/a College Street) from Seminary Street to Simpson Street and the western portion of Simpson Street from College Avenue to Spring Street. Attest: Teresa Glenn, Clerk- Treasurer