1ST READING ________
2ND READING ________
Received 12/9/2016
AMENDED Document 12/20/2016
CLEAN AMENDED 12/22/2016
Clerk-Treasurer’s Office
Auburn, IN 46706
ORDINANCE NO. 2016-21
AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY
IN THE 200 BLOCK OF WEST SEVENTH STREET
IN THE CITY OF AUBURN, INDIANA
SUMMARY
This ordinance vacates a platted alley in the Western Addition to the City of Auburn in accordance with Indiana Code §36-7-13-12. The alley is located south of the West Seventh Street right-of-way and north of the West Eighth Street right-of-way; parallel to and between South Jackson Street and South Van Buren Street. The alley is 16½ feet wide by 132 feet long. It is located east of Lot 66 and Lot 65 and west of Lot 15 and Lot 16 all in the Western Addition to the City of Auburn, Indiana.
The City of Auburn shall retain a public utility easement over said real estate for the purpose of providing, maintaining, and expanding City utilities 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
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Recorder’s Office
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Publish Public Hearing
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Auditor’s Office
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Tuesday, January 3, 2017
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Clerk’s Office
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Publish O/R after Adoption
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Other
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Building Department
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Engineering Department
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DeKalb County Plan Commission
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Internet Code Site – Council Ordinances
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ORDINANCE NO. 2016-21
AN ORDINANCE VACATING ALLEY RIGHT-OF-WAY
IN THE 200 BLOCK OF WEST SEVENTH STREET
IN THE CITY OF AUBURN, INDIANA
WHEREAS, a petition to vacate a certain public right-of-way has been submitted to the City of Auburn, Indiana by VRJ Holdings, Inc.; and
WHEREAS, the City of Auburn desires to vacate certain right-of-way more particularly located as follows:
The alley located south of the West Seventh Street right-of-way and north of the West Eighth Street right-of-way; parallel to and between South Jackson Street and South Van Buren Street. The alley is 16½ feet wide by 132 feet long. It is located east of Lot 65 and Lot 66 and west of Lot 15 and Lot 16 all in the Western Addition to the City of Auburn, Indiana.
WHEREAS, a Public Hearing of the City of Auburn Common Council was held on January 3, 2017 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 January 3, 2017, 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.
The alley right-of-way to be vacated is illustrated in Exhibit A, consisting of two (2) pages, which is attached hereto and made a part hereof further setting forth the area being vacated. The western two (2) feet of the vacated right-of-way shall be awarded to adjoining lots to the west (Lot 65 and Lot 66). The eastern fourteen and one-half (14½) feet of the vacated right-of-way shall be awarded to the adjoining to the east lots (Lot 15 and Lot 16).
Section 2.
The Municipal City of Auburn shall retain all existing easements across said alleyway for the purpose of providing, maintaining, and expanding City utilities in the future.
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
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PASSED AND ADOPTED by the Common Council of the City of Auburn,
Indiana, this 3rd day of January, 2017.
________________________________
James Finchum, Councilmember
ATTEST:
_________________________
Patricia Miller, Clerk-Treasurer
Presented by me to the Mayor of the City of Auburn, Indiana, this 3rd day of
January, 2017.
______________________________
PATRICIA MILLER, Clerk-Treasurer
APPROVED AND SIGNED by me this 3rd day of January, 2017.
_____________________________
NORMAN E. YODER, Mayor
VOTING: AYE NAY
Kevin Webb
James Finchum
Dennis (Matthew) K. Kruse II
Wayne Madden
Michael Watson
Dennis Ketzenberger
Michael Walter
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I:\BPD\ZZZNewFileManagementStart\New City Council\ROW Vacations\James-Beacon Alley\Ordinance 2016-XX VRJAlleyVacation.doc
I:\BPD\ZZZNewFileManagementStart\New City Council\ROW Vacations\James-Beacon Alley\Ordinance 2016-XX VRJAlleyVacation.doc