Ordinance No.   2008-05  

An Ordinance Vacating an Alley

Whereas, Stephanie Gingrich, owner of 9816 St. Joseph Street, Leo Indiana, has requested a petition in The Town of Leo-Cedarville, requesting that the city vacate the following described public way within the Town of Leo Cedarville.

Whereas, The property is commonly known as the unimproved alley between lots 48 and 65 in Cedarville. The legal description is as follows record Description Document number 202096983, all of lot numbering 48 in the Town of Cedarville, according to the recorded plat thereof, also west 35 feet of lot numbered 65 in the platted town of Cedarville, in Allen County in Indiana, Office of the Recorder of Allen County.

Whereas, The request for vacate would only pertain to:   The unimproved alley which is in between lots 48 and 65. Both lots owned by owned Stephanie Gingrich. The plat shows and approximate unimproved alley of 14’x139.80′.

Whereas, the Petitioners have provided notice, and the City has held a public hearing on the petition all in accordance with I.C. 36-7-3-12; and, the 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 neighborhood within which the property is located,
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 Town had no further need of the land in question for use as a public right of way.

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

1. Upon adoption of this ordinance and approval by the Town executive, the above described public right of way is vacated.
2. The property interests shall revert to the adjacent property owners as determined by law.
3. No land contained in the plat of Cedarville as discussed above (other than this alley) is vacated by this ordinance.
4. This ordinance shall be recorded with the Allen County Recorder’s Office upon adoption and approval by the Executive.
5. The said residents have the responsibility of having land resurveyed and recorded by the Allen County Auditor’s Office. Copy of both shall be given to the Clerk Treasurer of the Town of Leo-Cedarville.

Introduced this   15   day of   July  , 2008.

Passed and adopted by the Town of Leo-Cedarville Council on this   5th   day of   Aug  , 2008.
This document was prepared by, Peggy Garton Town
Administrator,_______________________, signature.
Attested:   Pam Spannuth  , Pamela Spannuth, Clerk Treasurer

Presented to Council of Leo-Cedarville on this   5   day of   Aug   , 2008.

This ordinance is approved as written by:
  John Clendenen            , John Clendenen

  John Eastes                       , John Eastes

  Gordon Liechty, Jr.   , Gordon Liechty, Jr.

  Michael K. Young            , Mike Young

  Paul Steffens                   , Paul Steffens

  Pam Spannuth  
Attested.   Pam Spannuth
Leo-Cedarville Clerk Treasurer

 

Prepared By and …
I affirm, under the penalties for perjury, that I have
taken reasonable care to redact each Social Security
number in this document, unless required by law.

  Pamela Spannuth                  
(name printed, stamped or signed w/print)