Vacations - The Allen Perkins Family Trust, The Allen Perkins Family Trust_9/20/2007. �
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SEP 2 0 2007
ORDINANCE h`O. 2007- 09
cisso�C�N� auOITOR AN ORDINANCE VACATING STREET
NHEREAS, Robert D. Houchins and Andrea J. Houchins pursuant to IC 36-7-3-
12 have filed a petition with the To�vn Council of the Town of Fort Branch, Indiana, to
vacate a 50 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 To«m of Fort Branch,
Indiana, and
�VHEREAS, 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 �vest side of Lots 31 and
4S, and bounded on the south b}� Ulen Street and bounded on the north by Sinclair Street,
afl in the Hillcrest Addition as shown on the plat of Hillcrest Addition recorded in Plat
Book 2, Page 4�, Office of the Recorder of Gibson County, Indiana, and the street is
located �vithin the corporate limits of the To«m of Forc 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 to
�vhich it is contiguous, would not mal:e access to an}� lands difficult or inconvenient,
would not hinder the public's access to a church, school or other public buildin� or place,
and «�ould not hinder the use of a public way by the neighborhood in which it is located
or to �i�hich it is contiguous, and
NHEREAS, there are electric overhead utility lines in the platted street, and in
accordance with IC 36-7-3-16, ��acation of the street «�II 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 are no water or sewer
utilities in the street, and
R�HEREAS, Town of Fort Branch has a water line in the platted street, and
��acation of the street shall not deprive the Town 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�vn of Fort
Branch for any ���ater line in the vacated street, and the Town of Fort Branch shall have a
hventy (20) foot wide easement for the water line in the vacated street being ten (10) feet
on each side of the center of the water line.
\VHEREAS, a public hearing has been held on the Petition, and
�VHEREAS, notice of the public hearing on the Petition �vas pubfished in the
South Gibson Star-Times in accordance with IC 5-3-1-2, and
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� NHEREAS, notice of the public hearing on the Petition �vas given by certified
mail to all owners of land that abuts the street.
�VHEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort
Branch, as follo�vs:
Section 1: The street, which is named Eastview Street, and which is a platted 50
foot strip of land abutting the east side of Lots 32 and 47 and abutting the �vest 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 4�, Office of the Recorder of Gibson County, Indiana, be
and hereby is vacated.
Section 2: In accordance with la�v, ownership of the vacated alley reverts to the
abutting lot owners �vith the �vest half of the vacated street belon�ing to the o«�ners of
Lots 32 and 47 which abut the west side of said vacated street and the east half of the
vacated street �vould belonging to the owners of Lots 31 and 48 �vhich abut the east side
of the vacated 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 al(
or part of the vacated street, and vacation of the street �vill have no effect on an}� public
utility that has utilities in the vacated street.
Section 4: Vacation of the street will not deprive the To�vn of Fort Branch
of the use of all or part of the vacated street for a«•ater line located in the vacated street,
and vacation of the street shall have no effect on the To��n of Fort Branch for any �vater
line in the vacated street, and the Town 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 water line.
Section 5: In accordance �vith IC 36-7-3-12, within 30 days of the adoption of
this ordinance, a copy of this Ordinance shall be filed 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 effec[ 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 To�vn of Fort Branch, whose respective signatures appear below.
ATTESTED TO:
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STACY E -RS, C erlJTreasurer
COUNCIL OF THE TOWN
TO�VN OF FORT BRANCH
,�G�z� ����
GERALD L. BLEDSOE, President
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RAY FALLS, 4emb'er
C S MO Y, M nbe
I al'iirn�, unser inz �oalues ior �rjury,
that I h:i�z takzn rea;onab!a care to redact
euch Sor il Szcuritc number in this
daumem unle:s reGuiad by la�.
\':�me_�d
i2a i`�, Drul y
THIS 1NS7°Utv1�Nf PRtPARED
BY' `�-�1 , �� G�
Ray M, jI rJjey
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