LEO-CEDARVILLE TOWN
ORDINANCE NO.
  2003-07  

AN ORDINANCE VACATING PUBLIC RIGHT-OF-WAY

WHEREAS, Michael R. Coulter and Deborah A. Coulter and twenty eight other residents of Multirose Addition have filed a petition with the Leo-Cedarville Town Council requesting that the town vacate the public way located within Multirose Addition within the Town of Leo-Cedarville platted as Lilac Lane; and

WHEREAS, the Petitioners have provided notice, and the Town has held a public hearing on the petition all in accordance with I.C. 36-7-3-12; and

WHEREAS, following said public hearing the Town Council has found that:

(1)     The Vacation of this Public Way will not hinder the growth or orderly development of the Town or the neighborhood, within which the property is located, provided that an adequate non-exclusive easement is maintained by the Town for purposes subsurface drainage;

(2)     The Vacation of this Public Right of Way will not make access to any other lands difficult or inconvenient,

(3)     The Vacation of this Public Right of Way will not hinder the use of any other public right of way, and

(4)     The City had no further need of the land in question for use as a public right of way, except to for subsurface, storm water drainage to the Beightle Nettlehorst Ditch.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LEO-CEDARVILLE, INDIANA, THAT:

1.       Upon adoption of this ordinance, the above described public right of way is hereby vacated with the exception of the non-exclusive, drainage easement set forth below.

2.       The Property interests shall revert to the property owners within Multirose Addition, as determined by law.

3.       The Town of Leo-Cedarville retains a non-exclusive, permanent easement in the property for purposes of maintaining a subsurface storm water drain to the Beightle Nettlehorst Ditch

4.       This ordinance shall be recorded with the Allen County Recorder’s Office upon adoption and approval by the Town Council.

Introduced this   16   day of   December  , 2003.

Passed and adopted by the Leo-Cedarville Town Council on this   16th   day of   December  , 2003.

 

_______________
Thomas Weaver
Council member

_______________
Matthew Akins
Council Member

  Paul Steffens      
Paul Steffens
Council Member

  Jan Linn              
Jan Linn
Council President

  John Clendenen  
John Clendenen
Council Vice President

 

Attestation of Clerk-Treasurer

I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  Dec 16, 2003   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   Dec 16, 2003  .

 

Pam Spannuth
Pamela Spannuth

 

document prepared by Patrick L. Proctor – Attorney