Property owners and interested parties in the Town of Churubusco, Indiana, and other interested parties are hereby notified that Ordinance No. 2018-06, An Ordinance to Vacate a Public Right-of-Way, will be introduced at a meeting of the Town Council held at 6:30 p.m., local time, on July 5, 2018 at the Churubusco Town Hall, 215 Home Ave., Churubusco, IN with a vote on the ordinance to follow.
At such public hearing and prior to final adoption of Ordinance No. 2018-06, all interested parties may appear and be heard. The complete text of proposed Ordinance No. 2018-06 is on file and available for examination and copying at the office of the Town’s Clerk-Treasurer at 530 S. Main Street, Churubusco, Indiana, during regular business hours, and will be available at the public hearing.
ORDINANCE NO. 2018-06
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 2, 2018, and signed by Brandon Rittenhouse and Tara Rittenhouse (the “Vacation Petition”), to which this ordinance has been prepared (the “Vacation Ordinance”); and
WHEREAS, the public right-of-ways to be vacated (the “Right-of-Ways”) are portions of alleys located on Mill Street between Railroad Street and East 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 5, 2018, 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 5th day of July, 2018.
Town of Churubusco Town Council
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Frank Kessler, President
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Mark Pepple, Vice President
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Bruce Johnson, Council Member
ATTEST:
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Madalyn Sade-Bartl, Clerk-Treasurer
Town of Churubusco, Indiana
Exhibit A
The portion of the right-of-ways to be closed and vacated is described as follows:
DESCRIPTION OF SURVEYED TRACT II
Part of a 16-foot wide alley lying between Lots Numbered 3 and 4 and Lots Numbered 5 and 6 in Block Number 1 in Walker’s Second Addition to the Town of Churubusco, Indiana, being more particularly described as follows, to wit:
BEGINNING at a 5/8 inch iron capped “Walker” at the Southwest comer of said Lot Number 4, said iron pin being situated 0.5 feet North of another iron pin found; thence N88°-30′-57″W (GPS bearings were used as the basis of bearings for this description), on and along the North right-of-way line of Mill Street, a distance of 8.0 feet to a 5/8-inch iron pin capped “Walker” at the centerline of said alley; thence NO1°-02′-29″E, on and along said centerline, a distance of 132.0 feet to a 5/8-inch iron pin capped “Walker” on the South right-of-way line of a 16-foot wide alley; thence S88°-30′-57″E, on and along said South right-of-way line, a distance of 8.0 feet to a 5/8-inch iron pin capped “Walker” at the Northwest comer of said Lot Number 3, said iron pin being situated at
0.7 feet North of another iron pin found; thence S0l 0 -02′ -29″W, on and along the West line of said Lot Numbered 3 and 4, a distance of 132.0 feet to the point of beginning, containing 0.02 acres ofland, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements ofrecord.
DESCRIPTION OF SURVEYED TRACT III
Part of a 16-foot wide alley lying between Lots Numbered 3 and 4 and Lots Numbered 5 and 6 in Block Number 1 in Walker’s Second Addition to the town of Churubusco, Indiana, being more particularly described as follows, to wit:
Commencing at a 5/8-inch iron pin capped “Walker” at the Southwest comer of said Lot Number 4, said iron pin being situated 0.5 feet North of another iron pin found; thence N88°-30′-57″W (GPS bearings were used as the basis of bearings for this description), on and along the North right-of-way line of Mill Street, a distance of 8.0 feet to a 5/8-inch iron pin capped “Walker” at the centerline of said alley, said iron pin being at the POINT OF BEGINNING; thence NO1°-02′-29″E, on and along said centerline, a distance of 132.0 feet to a 5/8-inch iron pin capped “Walker” on the South right-of-way line of a 16-foot wide alley; thence N88°-30′-57″W, on and along said South right-of-way line, a distance of 8.0 feet to an iron pin found at the Northeast comer of said Lot Number 6; thence S0l 0 -02′ -29″W, on and along the East Line of said Lots Numbered 6 and 5, a distance of 132.0 feet to an iron pin found at the Southeast comer of said Lot Number 5; thence S88°-30′-57″E, on and along the North right-of-way line of said Mill Street, a distance of 8.0 feet to the point of beginning, containing 0.02 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
