Right of Way - Gieselman, Robert V_9/20/2007�` ����� ~ •
SEP 2 0 2007
ORDINANCE NO. 2007- O.q
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GIBSON COUNTY AUDITOR AN ORDINANCE VACATING STREET
�VHEREAS, Robert D. Houchins and Andrea J. Houchins pursuant to IC 36-7-3-
12 have filed a petition with the To��m Council of the To�m of Fort Branch, Indiana, to
vacate a�0 foot platted street abutting the east side of Lots 32 and 47 and abutting the
west side of Lots 31 and 48, all in the Hillcrest Addition to the Tou�n of Fort Branch,
Indiana, and
WHEREAS, The street, which is named Eastview Street, is a platted 50 foot strip
of land abutting the east side of Lots 32 and 47 and abutting the ��est side of Lots 31 and
48, and bounded on the south by Ulen Street and bounded on the north by Sinclair Street,
all in the Hillcrest Addition as shown on the plat of Hillcrest Addition recorded in Plat
Book 2, Page 45, Office of the Recorder of Gibson County, Indiana, and the street is
located within the corporate limits of the Town of FoR Branch, Indiana, and
�VHEREAS, the street is not opened and is not needed. Vacation of the street
would not hinder orderly development of the neighborhood in which it is located or ro
which it is contiguous, would not make access to any lands difficult or inconvenient,
�vould not hinder the public's access to a church, school or other public building or place,
and would not hinder the use of a public way by the neighborhood in which it is located
or to «fiich it is contiguous, and
NHEREAS, there are electric overhead utility lines in the platted street, and in
accordance with IC 36-7-3-16, vacation of the street �«ll not deprive the public utility of
the use of all or part of the vacated street, and vacation of the street �vill have no effect on
any public utility that has utilities in the vacated street; and there aze no water or sewer
utilities in the street, and
�VHEREAS, Town of Fort Branch has a water line in the platted street, and
vacation of the street shall not deprive the To�vn of Fort Branch of the use of all or part of
the vacated street, and vacation of the street shall have no effect on the To��m of Fort
Branch for any �vater line in the vacated street, and the Town of Fort Branch shall have a
hventy (20) foot ���ide easement for the water line in the vacated street being ten (10) feet
on each side of the center of the ���ater line.
1VHEREAS, a public hearing has been held on the Petition, and
1VHEREAS, notice of the public hearing on the Petition was published in the
South Gibson Star-Times in accordance with IC 5-3-1-2, and
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WHEREAS, notice of the public heazing on the Petition was given by certified
mail to all o«mers of land that abuts the street.
WHEREFORE, BE IT ORDAINED by the Towm Council of the Town of Fort
Branch, as foliows:
Section I: The street, which is named Easri�iew Street, and which is a platted 50
foot strip of land abutting the east side of Lots 32 and 47 and abutting the west side of
Lots 31 and 48, and bounded on the south by Ulen Street and bounded on the north by
Sinclair Street, all in the Hillcrest Addition as shown on the plat of Hillcrest Addition
recorded in Plat Book 2, Page 45, Office of the Recorder of Gibson County, Indiana, be
and hereby is vacated.
Section 2: In accordance with law, o�vnership of the vacated alley reverts to the
abutting lot o�vners �vith the �vest half of the vacated street belonging to the owners of
Lots 32 and 47 which abut the «�est side of said vacated street and the east half of the
��acated street would belonging to the owners of Lots 31 and 48 which abut the east side
of the ��acated street, all in the Hillcrest Addition to the Town of Fort Branch.
Section 3: In accordance with IC 36-7-3-16, vacation of the street will not
deprive the public utility having electric utility lines in the vacated street of the use of all
or part of the vacated street, and vacation of the street will have no effect on any public
utility that has utilities in the vacated street.
Section 4: Vacation of the street ���II not deprive the To���n of Fort Branch
of the use of all or part of the vacated street for a water line located in the vacated street,
and vacation of the street shall ha��e no effect on the Town of FoR Branch for any wa[er
line in the vacated street, and the To�vn of Fort Branch shall have a riventy (20) foot wide
easement for the «�ater line in the vacated street being ten (10) feet on each side of the
center of the �vater line.
Section 5: In accordance with IC 36-7-3-12, within 30 days of the adoption of
this ordinance, a copy of this Ordinance shall be fifed with the Auditor's Office of Gibson
County, Indiana, and a copy of this Ordinance shall be recorded in the Office of Recorder
of Gibson County, Indiana.
Section 6: This ordinance shall be in full force and effect from and afrer the date
of passage.
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PASSED AND ADOPTED on this � day of September, 2007, by the Town
Council of the Town of Fort Branch, whose respec[ive signatures appear below.
ATTESTED TO:
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STACY E -RS, C erl:/Treasurer
COUNCIL OF THE TOWN
TOWN OF FORT BRANCH
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GERALD L. BLEDSOE, President
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THIS INST°UMENT PREPtiRED
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