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.
| Jan Linn
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 .
document prepared by Patrick L. Proctor – Attorney