ORDINANCE 2004-3  

ORDINANCE VACATING PUBLIC WAY IN

INCORPORATED AREA OF MILLERSBURG, INDIANA

            A Petition having heretofore been filed with the Town Council of the Town of Millersburg, Indiana on the 14th day of April, 2004, requesting the vacation of a certain public way within the incorporated area of Millersburg, Indiana, and more particularly described therein, said Petition being in the words and figures following, to-wit:   (H.I.); and the public hearing before the Millersburg Town Council having been scheduled as to said Petition, with the Millersburg Town Council hearing having been held on the 28th day of April, 2004; and formal legal notice, by certified mail, return receipt requested, having been mailed to each owner of land that abuts the public way to be vacated, and formal legal publication as to said hearings having been published in the Goshen News on the 17th day of April, 2004, advising all necessary parties of the time, place, and date of said hearings, said legal notice having been so mailed, and having been so published, being in the words and figures following, to-wit:   (H.I.); and the Town Council of the Town of Millersburg, Indiana, pursuant to applicable Indiana law, having conducted the public hearing on said Petition on the date set forth in said Notice, and being duly advised in the premises, now finds as follows:

            1.          That Petition heretofore filed is in proper order, and that proper legal notices of the public hearing conducted with regard to said Petition have been mailed and published.

            2.          The vacation of the public way in question would not hinder the growth or orderly development of Millersburg, Indiana, or the neighborhood in which it is located or to which it is contiguous.

            3.          The vacation of the public way in question will not make access to the lands of any property owners within Millersburg, Indiana by means of public way difficult or inconvenient.

            4.          The vacation of the public way in question will not hinder the public’s access to church, school, or other public building or place.

            5.          The vacation of the public way in question will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

            NOW, THEREFORE, BE IT ORDERED, ADJUDGED, AND DECREED by the Town Council of the Town of Millersburg, Indiana as follows:

            1.          That said Petition is hereby, in all respects, approved and confirmed, and the request therein made to vacate a public way is hereby granted.

            2.          That the following described public way situate in the incorporated area of Millersburg, Indiana is hereby vacated, said public way being described as follows:

A part of the Southeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, Indiana, more particularly described as follows:

Commencing at the Northwest corner of Lot 27 as shown on the Original Plat of the Town of Millersburg (Deed Book 40, page 496) and being the intersection of the East right-of-way line of Clinton Street and the South right-of-way line of Washington Street; thence South 90 degrees 00 minutes 00 seconds West (basis of bearing assumed Washington Street to run due East-West), a distance of 50.00 feet to a point; thence due North to a rebar with cap that is six (6) feet North of the South right-of-way line of Washington Street and the beginning of this description; thence South 00 degrees 00 minutes 00 seconds East a distance of 81.70 feet to a rebar with cap in the Southerly right-of-way line of Railroad Street; thence North 55 degrees 42 minutes 25 seconds West along the Southerly right-of-way line of Railroad Street extended a distance of 145.00 feet to a rebar with cap; thence North 90 degrees 00 minutes 00 seconds East along the South right-of-way line of Washington Street a distance of 119.79 feet to the beginning.   Containing 4893 square feet, more or less.

            3.          That title in fee simple to the above vacated property shall be transferred to the Town of Millersburg, Indiana.

            4.          That these proceedings shall not deprive any public utility of the use of all or part of the public way herein granted if at the time these proceedings are instituted the utility is occupying or using all or part of that public way for the location and operation of its facilities.

Dated this 28th day of April, 2004.

TOWN COUNCIL, TOWN OF MILLERSBURG, INDIANA