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ORDINANCE NO. 2024-09
AN ORDINANCE TO VACATE A PUBLIC RIGHT-OF-WAY
WHEREAS, pursuant to Indiana Code 36-9-2-5 and I.C. 36-7-3-12, the Town of Churubusco, Indiana (the “Town”) received a Petition to Vacate Public Right-of-Ways, filed on June 16,2024, and signed by Dr. Paul Voigt on behalf of Smith-Green Community (the “Vacation Petition”), to which this ordinance has been prepared (the “Vacation Ordinance”); and
WHEREAS, the public right-of-way to be vacated (the “Right-of-Ways”) is an alley running parallel to Rapp Drive between Fry Lane and South Street, described on Exhibit A attached hereto; and
WHEREAS, I.C. 36-7-3-12 provides that the vacation of public ways must be authorized by an ordinance of the legislative body of the municipality; and
WHEREAS, the Town has held a duly noticed public hearing on the Vacation Petition and Ordinance on July 17, 2024, as required by I.C. 36-7-3-12; and
WHEREAS, the Town Council, having duly considered the vacation of the Right-of-Ways, now desires to adopt an ordinance in accordance with I.C 36-7-3-12.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, INDIANA, AS FOLLOWS:
Section 1. The Right-of-Ways described on Exhibit A attached hereto is vacated.
Section 2. The Right-of-Ways vacated by this Ordinance is subject to easements of record or otherwise currently and lawfully enjoyed by all public utilities, including, but not limited to: water, sewer, drainage, electricity, telephone, natural gas, and cable television.
Section 3. Per I.C. 36-7-3-16, upon vacation, the interest in the public ways and real estate lying thereunder shall revert to and be owned by the abutting land owners consistent with Indiana law.
Section 4. The Clerk-Treasurer of the Town of Churubusco is hereby directed to furnish the Vacation Ordinance to the Whitley County Recorder for recording and to the Whitley County Auditor, as required by I.C. 36-7-3-12.
Section 5. The Ordinance shall be in full force and effect from and after its passage.
PASSED AND ADOPTED by the Town Council of the Town of Churubusco, Indiana, this 17th day of July, 2024.
Town of Churubusco Town Council
Mark Pepple, President
Nathan Van Horn, Council Member
Devin Keener, Council Member
ATTEST:
Madalyn Sade-Bartl, Clerk-Treasurer
Town of Churubusco, Indiana
