Resolution 3 of 2016

A Resolution Vacating a Public Alley and Extinguishing the Town’s Claim to an Unimproved Publicly Unused Alley

Resolution No.3 of 2016

WHEREAS, the Trustees of the Fraternal Order of Eagles and the Trustees of the Board of Aerie, have filed a Petition to vacate a public alley and to extinguish claims to an unimproved publicly unused alley; and

WHEREAS, the unused public alley is sixteen feet (16’) in uniform width, commencing at a point One Hundred and Thirty-Two feet (132’) north of the south boundary of Lots 3 and 4of McClelland’s Addition, of the original plat of the Town of Winamac, and running One Hundred and Thirty-Two feet (132’) east to Keller Street, Winamac, Indiana; and

WHEREAS, the alley on the south side of Lot 8 and the north side of Lots 3 and 4,original plat of the Town of Winamac, is unused by the public, and should be vacated and divided equally between the adjoining landowners; and

WHEREAS, this alley is neither needed or necessary to the public at large nor to the Town of Winamac; and

WHEREAS, a public hearing was held to consider the vacation and extinguishment of said alley and no objection was presented.

NOW, THEREFORE BE IT ORDAINED as follows:

SECTION 1. The platted and unimproved publicly unused alley sixteen feet (16’) in uniform width is hereby vacated, and the Town of Winamac’s claim to the platted and unimproved publicly unused alley, commencing at a point One Hundred and Thirty-Two feet (132’) north of the south boundary of Lots 3 and 4 of McClelland’s Addition, of the original plat of the Town of Winamac, and running One Hundred and Thirty-Two feet (132’) east to Keller Street, Winamac, Indiana, is extinguished, and the sixteen feet (16’) strip of land shall be divided equally between the adjoining landowners on the north and south.

SECTION 2. The Town Council of the Town of Winamac, Indiana, shall publish notice of this Resolution in a newspaper of general circulation once each week for two (2) consecutive weeks, and at least ten (1 0) days after such publication has been given and all interested and affected persons have received proper notice, as provided in Ind. Code § 32-24-2-7, a public meeting shall be held to consider any remonstrances for persons interested in or affected by the proceeding. After such remonstrances have been taken into consideration, final action shall be needed to confirm, modify, or rescind this Resolution.

SECTION 3. This Resolution shall be effective upon passage, after the procedure in Section 2 of this Resolution has been followed, and a copy shall be recorded in the Pulaski County Recorder’s Office and a copy delivered to the Pulaski County Auditor’s Office.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 9th DAY OF MAY, 2016.

THE WINAMAC, INDIANA, TOWN COUNCIL:

Kenneth McFarland, President; Dan Vanaman, Council Member; Tom J. Murray, Council Member; Judy Heater, Council Member; Jim Watkins, Council Member.

ATTEST: Melanie A. Berger, Clerk-Treasurer

105-16 G 05/18, 05/25

Pulaski County Journal

114 W. Main Street
Winamac, IN 46996

(574) 946-6628
 

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