PULASKI COUNTY ORDINANCE NO. 007-2016

ORDINANCE NO. 007-2016

AN ORDINANCE VACATING PUBLIC RIGHT OF WAY

IN PULASKI COUNTY, INDIANA

WHEREAS, the Board of Commissioners of Pulaski County, Indiana (“County”), has provided notice, pursuant to Ind. Code§ 36-7-3-12(c) and 5-3-1 et. seq. that it desires to vacate a certain public right of way generally located as follows: an unimproved roadway of 1150 West between 900 South and 1000 South, in Pulaski County, Indiana hereinafter referred to as “Roadway”;

WHEREAS, the Roadway solely abuts real property owned by Richard E. Lowry and Martha Lowry as Trustees and JV Farms LLC;

WHEREAS, a public hearing on this matter was held November 21, 2016 consistent with and pursuant to Ind. Code§ 36-7-3-12;

WHEREAS, a remonstrance or objection was filed by Richard Lowry. JV Farms LLC did not file any objection; and

WHEREAS, Argument was heard on the remonstrance and the County interest was found to outweigh the landowners concern over access to his field given that the landowner still has ample access to the land; and

WHEREAS, the public good is served by the requested vacation because the vacation will relieve the County of maintenance obligations regarding the Roadway and the roadway offered no benefit to the public at large.

BE IT ORDAINED by the Board of Commissioners of Pulaski County, Indiana acting pursuant to the authority granted to it by Ind. Code§ 36-7-3-12 as follows:

1. The Commissioners hereby determine the following:

(a) vacation of the proposed Roadway will not hinder the growth or orderly development of the unit or neighborhood in which the Roadway is located or to which the Roadway is contiguous; and

(b) vacating the proposed Roadway does not make access to the lands of any person by means of public way difficult or inconvenient; and vacating the proposed Roadway does not hinder the public’s access to a church, school, or other public building or place.

2. The Roadway, consisting of public right of way located within County’s boundaries, is hereby vacated.

3. County Auditor is hereby authorized to execute all documents necessary to carry out the intent of this Ordinance.

4. This Ordinance shall be in full force and effect upon adoption.

5. The real property upon which the vacated roadway and public right of way was platted shall become the private property of the adjacent landowners with the property line being the center of said roadway.

ALL OF WHICH IS ORDAINED duly adopted and enacted this 5th day of December, 2016 by the Board of Commissioners of the County of Pulaski, Indiana.

Signed and dated this 5th day of December, 2016

PULASKI COUNTY BOARD OF COMMISSIONERS

Terry L. Young, President

Larry L. Brady, Vice-President

Bud Krohn, Jr.

ATTEST: Shelia K. Garling, Auditor

Pulaski County

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