1. ORDINANCE NO. 2016-11
    2. AN ORDINANCE VACATING UNIMPROVED ALLEY RIGHT-OF-WAY
    3. OFF OF WEST ENSLEY AVENUE
    4. IN THE CITY OF AUBURN, INDIANA
    5. SUMMARY
    6. ORDINANCE NO. 2016-11
    7. AN ORDINANCE VACATING UNIMPROVED ALLEY RIGHT-OF-WAY
    8. OFF OF WEST ENSLEY AVENUE
    9. IN THE CITY OF AUBURN, INDIANA
    10.  IT IS NOW THEREFORE ORDAINED BY THE COMMON COUNCIL
    11. OF THE CITY OF AUBURN, INDIANA THAT:
    12. Section 1.
    13. ATTEST:
    14. Patricia Miller, Clerk-Treasurer
    15. VOTING:     AYE                 NAY

    1ST READING _9/6/2016_______
   2ND READING _9/20/2016_______
 
 

 
Received 8/23/2016
Clerk-Treasurer email
 
 



ORDINANCE NO. 2016-11



AN ORDINANCE VACATING UNIMPROVED ALLEY RIGHT-OF-WAY



OFF OF WEST ENSLEY AVENUE



IN THE CITY OF AUBURN, INDIANA
 
 



SUMMARY

This ordinance vacates an unimproved alley extending south from W. Ensley Avenue in accordance with Indiana Code §36-7-13-12. The alley is 16½ feet wide by 132 feet long and located between Lot 4 (503 W Ensley) and Lot 5 (505 W Ensley) in Ensley’s Fourth Addition to the City of Auburn, Indiana.
 The City of Auburn shall retain a public utility easement over said real estate in accordance with Indiana Code §36-7-3-16. A full copy of said ordinance is available for inspection at the office of the Clerk-Treasurer, City of Auburn or on the City of Auburn’s internet website at www.ci.auburn.in.us .
 
  
 

X Recorder’s Office   X Publish Public Hearing

  Auditor’s Office   Tuesday, September 20, 2016

  Clerk’s Office   X Publish O/R after Adoption
  Other      
         

X Building Department
X Engineering Department
  DeKalb County Plan Commission
X Internet Code Site – Council Ordinances

        
           
 
 

 



ORDINANCE NO. 2016-11



AN ORDINANCE VACATING UNIMPROVED ALLEY RIGHT-OF-WAY



OFF OF WEST ENSLEY AVENUE



IN THE CITY OF AUBURN, INDIANA

 
 WHEREAS, a request to vacate certain undeveloped public rights-of-way has been made to the City of Auburn, Indiana and said request has been formalized into a petition by the Department of Building, Planning and Development;
 
 WHEREAS, the City of Auburn desires to vacate certain undeveloped rights-of-way more particularly located as follows:
 
An unimproved alley platted as part of Ensley’s Fourth Addition to the City of Auburn. The alley right-of-way is 16½ feet wide and 132 feet long and located between Lot 4 (503 W Ensley) and Lot 5 (505 W Ensley) in Ensley’s Fourth Addition to the City of Auburn.

                                                                                                        
 WHEREAS, a Public Hearing of the City of Auburn Common Council was held on September 20, 2016 at 6:00 PM in the Auburn Common Council Chambers regarding the petition for vacation; and
 
 WHEREAS, the City of Auburn has provided notice, pursuant to Indiana Code §36-7-3-12(c) and 5-3-1 et. seq. that it desires to vacate certain public rights-of-way; and
 
 WHEREAS, a second reading of the Ordinance was held on September 20, 2016, and
                                                                                                             
 WHEREAS, due consideration and opportunity has been given for public notice and comment.
 



 IT IS NOW THEREFORE ORDAINED BY THE COMMON COUNCIL



OF THE CITY OF AUBURN, INDIANA THAT:

 



Section 1.
For those undeveloped portions of right-of-way see Exhibit A, consisting of one (1) page, which is attached hereto and made a part hereof further setting forth the area being vacated. One-half of the width of the vacated right-of0way shall be awarded to each adjoining landowner.
 
Section 2. 
The Municipal City of Auburn shall retain an easement across the vacated rights-of-way for the purpose of providing, maintaining, and expanding utilities in the future. The Municipal City of Auburn shall have the right to maintain, expand, and repair utilities within said vacated rights-of-way.
 

 BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect
from and after publication of the summary of this Ordinance in a newspaper of general
circulation in DeKalb County, Indiana. A full and complete copy of the Ordinance shall
be kept on the City of Auburn website under the Council information at
www.ci.auburn.in.us .
                                                                                                                          
 PASSED AND ADOPTED by the Common Council of the City of Auburn,
Indiana, this 20th day of September, 2016.
             ________________________________
             James Finchum, Councilmember
                                                                   
 
 



ATTEST:
 
_________________________          



Patricia Miller, Clerk-Treasurer
 
Presented by me to the Mayor of the City of Auburn, Indiana, this 20th day of
September, 2016.
 
             ______________________________
             PATRICIA MILLER, Clerk-Treasurer
 
APPROVED AND SIGNED by me this 20th day of September, 2016.
 
             _____________________________
                                                                   NORMAN E. YODER, Mayor
 


VOTING:        AYE                      NAY

 
Kevin Webb
 
 
James Finchum
 
 
Dennis (Matthew) K. Kruse II
 
 
Todd Sanderson
 
 
Michael Watson
 
 
Dennis Ketzenberger
 
 
Michael Walter
 
 
 

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