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Ordinance #3600 - Vacate McBride Street

ORDINANCE NO.  3600_

 

AN ORDINANCE TO VACATE AN UNIMPROVED PLATTED STREET

NAMED McBRIDE STREET, LOCATED IN NEW CASTLE,

HENRY COUNTY, INDIANA

 

     WHEREAS, McBride Street is a platted and dedicated street appearing in McBride's addition being a plat of Lot 8 of Hosier Meadows Subdivision all of which is located in the West Half of the Northeast Quarter of Section 21, Township 17 North, Range 10 East, in New Castle, Indiana.  Said McBride's Addition was duly approved and recorded on or about November 21, 2001, in the Records of Henry County, Indiana.  A copy of said plat is attached hereto and incorporated herein as Exhibit "1", and,

 

     WHEREAS, McBride Street is an unimproved street, approximately 60 foot in width and approximately 520.48 feet in length.  It is bounded by lots located in the Plat of McBride's Addition. (See Exhibit "1" attached).

 

     WHEREAS, said street is unimproved and not used for the purposes of ingress and egress, and

 

     WHEREAS, the vacation of this street as described will not hinder the growth or orderly development of the neighborhood in which it is located or to which it is contiguous.  The vacation will not make access to the lands of any persons by means of public way difficult or inconvenient, and the vacation will not hinder the public's access to a church, school or other public building or place, and the vacation will not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous, and

 

     WHEREAS, the contiguous property owners have received notice pursuant to the provisions of the appropriate Indiana statutes regarding the petition and hearings thereon.

 

     NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NEW CASTLE, INDIANA that McBride Street which appears in the Plat of McBride's Addition is hereby vacated.  Attached hereto and incorporated herein as Exhibit "2" is a "GIS map" showing the location of McBride Street and its vacation being noted hereon by hatched lines.  The description of McBride Street is found in the plat of same which is also attached hereto and incorporated  herein as Exhibit "2".

 

PUBLIC UTILITY EASEMENT retained AND RESERVED:  The City of New Castle expressly reserves and retains an easement to maintain, install, improve and construct public utility facilities over and under the land hereby vacated.  This vacation is subject to a perpetual easement for public utility purposes reserved by the city of new castle, Indiana.  The City of New Castle shall have the unqualified right to construct, add-to, maintain, replace and  rebuild current or future public utilities on the land described above and vacated for public ingress and egress purposes by this ordinance.  The City of New Castle shall own a permanent easement for public utility purposes over and under the land described hereinabove and vacated by this ordinance.   Future title holders shall not be entitled to any compensation from any public utility or the City of New Castle as a result of any use of this real estate for public utility purposes over or under the land hereby vacated and described above.  Any use of the above described real estate for public utility purposes shall not be deemed a taking as that term is defined statutorily or by the common law.  

 

     Exhibits included:  The attached Exhibits "1" and "2" are attached hereto, incorporated herein and made a part of this ordinance.

 

     REPEALER: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

     SEVERABILITY: Any provision herein contained which is found by a court of competent jurisdiction to be unlawful or which by operation shall be inapplicable, shall be deemed omitted but the rest and remainder of this ordinance, to the extent feasible, shall remain in full force and effect.

 

     EFFECTIVE DATE: This Ordinance shall become effective immediately upon passage and publication as provided for by law.

 


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