ORDINANCE NO. 1366

October 3, 2013

ORDINANCE  NO. 1366
AN ORDINANCE VACATING AN EASEMENT LOCATED IN THE CITY OF BLUFFTON, INDIANA
WHEREAS, ORTIZ, LLC., is the owner of tract of real estate located in the County of Wells and the City of Bluffton and more particularly described as follows:
A portion of the Southwest corner of Section 22, Township 27 North, Range 12 East, Wells County, Indiana, more particularly described as follows:
Commencing at the Southwest quarter of Section 22, Township 27 North, Range 12 East, Wells County, Indiana; thence North 00 degrees 08 minutes 55 seconds West (Assumed Bearing) on the West line of the Southwest quarter of said quarter 988.65 feet to a point located 1656.20 feet southerly of the Northwest corner of said quarter; thence North 89 degrees 35 minutes 05 seconds East parallel with the North line of said quarter 285.00 feet to the point of beginning for the tract herein described; thence North 00 degrees 08 minutes 55 seconds West 177.80 feet; thence North 89 degrees 35 minutes 05 seconds East 105.00 feet; thence North 00 degrees 08 minutes 55 seconds West 202.44 feet; thence North 89 degrees 35 minutes 05 seconds East 245.00 feet; thence South 00 degrees 08 minutes 55 seconds East 380.56 feet to the North line of Commerce Drive in Interurban Park; thence westerly on the North line of said drive 350.00 feet to the point of beginning.  CONTAINING: 2.57 ACRES.
WHEREAS, said real estate is subject to an easement in favor of the City of Bluffton, Indiana, which easement was recorded in the records in the office of the Recorder of Wells County, Indiana at Misc. Book 66, Page 443, and is more particularly described as follows:
Ten (10) feet of even width off of the entire east side of the [above­ described] 2.57 acre parcel recorded at Deed Record 141 Page 31 in the office of the Recorder of Wells County.
WHEREAS, Ortiz, LLC., has filed with the Common Council of the City of Bluffton, Indiana a Petition to Vacate Easement pursuant to the provisions of l.C. 36-7- 3-12; and
WHEREAS, the Clerk-Treasurer of the City of Bluffton, Indiana caused a Notice of Public Hearing to be published in the Bluffton News Banner which publication occurred on September 10 & 17, 2013, more than ten (10) days prior to the public hearing on said Petition; and
WHEREAS, no residents of the City of Bluffton, Indiana, or any other interested persons appeared at the public hearing in opposition to the granting of the Petition;
THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BLUFFTON, INDIANA AS FOLLOWS:
Section 1: The following described easement located in the County of Wells and the City of Bluffton, Indiana, and being more particularly described as follows:
Ten (10) feet of even width off of the entire east side of the [above-described] 2.57 acre parcel recorded at Deed Record 141 Page 31 in the office of the Recorder of Wells County.
is hereby vacated and all rights and interests in the real estate formerly occupied by the easement shall revert to Ortiz, LL,C.
Section 2: This Ordinance shall take effect and be in force upon adoption and publication as required by law.
Passed by the Common Council of the city of Bluffton, Indiana this 1st day of October, 2013, by the following vote:
AYES 5, to wit:  NAYS 0, to wit:
Bette A. Erxleben
James E.  Phillabaum
Melanie S. Durr
Carl W. Perry
Michael D. Morrissey
ABSENT 0, to wit:
ATTEST:
Tamara D. Runyon, CMC
Clerk-Treasurer
nb 10/3
hspaxlp

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