Ordinance 3619 - Vacating Streets & Alleys within Park Property

ORDINANCE NO.  __3619___

 

AN ORDINANCE TO VACATE CERTAIN UNIMPROVED STREETS AND ALLEYS LOCATED WITHIN PUBLIC PARK PROPERTY IN NEW CASTLE, HENRY COUNTY, INDIANA

 

     WHEREAS, there are certain streets and alleys located within publicly owned park land that are unimproved and should be vacated; and,

 

     WHEREAS, said park land is bounded on the north by "I" Avenue, on the south by "Q" Avenue, on the west by Main Street, and on the east by Roosevelt Avenue; and,

 

     WHEREAS, with the exception of "M" Avenue and "P" Avenue, all other platted streets and alleys located within the aforementioned park property are undeveloped and should be vacated; and,

 

     WHEREAS, said streets and alleys are not needed by the City of New Castle as public right-of-ways; and,

 

WHEREAS, the vacation of this alley as described will not hinder the growth or orderly development of the neighborhood in which they are located or to which they are 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 the public 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 the streets and alleys herein below described be vacated.  The unimproved streets and alleys which are located in the corporate limits of the City of New Castle and more particularly described as follows, to-wit:

 

     All platted and unimproved streets and alleys and unimproved streets and alleys located within public park property which is bounded on the north by "I" Avenue, on the south by "Q" Avenue, on the east by Roosevelt Avenue, and on the west by South Main Street. 

 

     This Ordinance shall have no effect upon "M" Avenue, "P" Avenue, "Q" Avenue or any other improved street or alley in the above-referenced real estate.

 

     Attached hereto and incorporated herein as Exhibit "1" is a map showing the unimproved streets and alleys vacated by 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.