Come now the Petitioners, Robert R. Steele, Linda J Steele and Scott E Hersberger, and file their Petition to Vacate Alley in the Town of Lapel, which petition is in the words and figures as follows, to-wit:
(H.I)
The Council finds that Petitioners Robert R. Steele and Linda J. Steele are the owners of the following described real estate situated in Lapel, Indiana, to-wit:
Lot #28 in Conrad's 2nd Addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in Plat Book 2 Page 76 in the Office of the Recorder of Madison County, Indiana.
and that the property abuts to the north of the alleyway to be vacated.
The Council finds that Petitioner Scott E. Hersberger is the owner of the following described real estate situated in Lapel, Indiana, to-wit:
Lot Numbered Eleven in David Conrad's First Addition to the Town of Lapel, as recorded in Plat Book 2, Page 26, records of Madison County, Indiana.
and that said property abuts to the south of the alleyway to be vacated, which alley is more particularly described as follows:
Beginning at the Northwest corner of Lot Numbered 11 in Conrad's 1st addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in Plat Book 2 Page 26 in the Office of the Recorder of Madison County; Thence Easterly approximately 132 feet to the Northeast Corner of the same lot; Thence Northerly along the East line of said lot to the southeast corner of Lot Numbered 28 in the 2nd addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in the Plat Book 2 Page 76 in the Office of the Recorder of Madison County, Indiana; Thence Westerly approximately 132 feet to the Southwest corner of said Lot 28; Thence Southerly along the west side of said lot to the place of beginning, and containing .05 acre, more or less.
The Council now finds that the vacation of the above described alley will adversely affect no one; that the vacation of said alley will in no way interfere with the travel of the general public and will not impede or restrict the flow of traffic in the Town of Lapel, Indiana; that the area of the alley to be vacated is not needed for the future expansion of the Town of Lapel; and that the vacation would not hinder the public's access to a school, church, or other public building or place.
The Council further finds that no citizens of the Town of Lapel, Indiana, would be denied ingress or egress by the vacation of the above set forth alley, nor will the public, as a whole, be damaged in any manner whatsoever by this vacation.
The Council further finds that all notices required by law have been properly given.
IT IS THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAPEL that the following described alley in Lapel, Indiana:
Beginning at the Northwest corner of Lot Numbered 11 in Conrad's 1st addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in Plat Book 2 Page 26 in the Office of the Recorder of Madison County; Thence Easterly approximately 132 feet to the Northeast Corner of the same lot; Thence Northerly along the East line of said lot to the southeast corner of Lot Numbered 28 in the 2nd addition to the Town of Lapel, Madison County, Indiana, the plat of which is recorded in the Plat Book 2 Page 76 in the Office of the Recorder of Madison County, Indiana; Thence Westerly approximately 132 feet to the Southwest corner of said Lot 28; Thence Southerly along the west side of said lot to the place of beginning, and containing .05 acre, more or less.
be and the same is hereby vacated as a public thoroughfare or alley in the Town of Lapel, Indiana.
IT IS FURTHER ORDAINED that the vacated alley shall vest in the abutting landowners pursuant to statute/State law.
IT IS FURTHER ORDAINED that the Petitioners shall record a copy of this Ordinance in the Recorder's Office of Madison County, Indiana.
BE IT FURTHER ORDAINED that the vacation herein shall be subject to continued use by public utilities as provided in I.C. 36-7-3-16.
Passed and adotped this 18th day of August 2022.
Further Information
Date Passed: 8/18/2022