ORDINANCE NO. 1367

October 4, 2013

ORDINANCE NO. 1367
AN ORDINANCE VACATING AN EASEMENT LOCATED IN THE CITY OF BLUFFTON, INDIANA
WHEREAS, Steve R. Gerber and Gayla M. Gerber are the owners of tracts of real estate located in the County of Wells and the City of Bluffton and more particularly described as follows:
Tract 1: Part of the Interurban Park as known and designated on Plat Book 4, page 65 in the Southwest Quarter of Section 22, Township 27 North, Range 12 East, Lancaster Township, Wells County, Indiana, described as follows:
Starting at the southwest corner of said southwest quarter found per record witness; thence north 00 degrees 08 minutes 55 seconds west, (deed bearing, Deed Record 144, page 984) along the west line of said Southwest Quarter 988.65 feet to a point being located 1656.20 feet south 00 degrees 08 minutes 55 seconds east of the northwest corner of said Southwest Quarter found per record witness; thence north 89 degrees 35 minutes 05 seconds east, 285.00 feet parallel with the north line of said southwest quarter; thence north 00 degrees 08 minutes 55 seconds west, 177.80 feet parallel with the west line of said southwest quarter; thence north 89 degrees 35 minutes 05 seconds east, 105.00 feet parallel with said north line; thence north 00 degrees 08 minutes 55 seconds west, 77.44 feet parallel with said west line to the place of beginning; thence continuing north 00 degrees 08 minutes 55 seconds west, 125.00 feet parallel with said west line; thence north 89 degrees 35 minutes 05 seconds east 245.00 feet parallel with said north line; thence south 00 degrees 08 minutes 55 seconds east 125.00 feet parallel with said west line; thence south 89 degrees 35 minutes 05 seconds west 245.00 feet parallel with said north line to the place of beginning. Containing 0.70 acres more or less.
Tract 2: Part of the Interurban Park as known and designated on Plat Book 4, page 65 in the Southwest Quarter of Section 22, Township 27 North, Range 12 East, Lancaster Township, Wells County, Indiana, described as follows:
Starting at the southwest corner of said southwest quarter found per record witness; thence north 00 degrees 08 minutes 55 seconds west, (deed bearing, Deed Record 144, page 984) along the west line of said southwest quarter 988.65 feet to a point being located 1656.20 feet south 00 degrees 08 minutes 55 seconds east of the northwest corner of said southwest quarter found per record witness; thence north 89 degrees 35 minutes 05 seconds east, 285.00 feet parallel with the north line of said southwest quarter; thence north 00 degrees 08 minutes 55 seconds west, 177.80 feet parallel with the west line of said southwest quarter; thence north 89 degrees 35 minutes 05 seconds east, 105.00 feet parallel with said north line; thence north 00 degrees 08 minutes 55 seconds west, 77.44 feet parallel with said west line; thence north 89 degrees 35 minutes 05 seconds east, 245.00 feet parallel with said north line to the place of beginning; thence north 00 degrees 08 minutes 55 seconds west, 125.00 feet parallel with said west line; thence north 89 degrees 35 minutes 05 seconds east, 100.00 feet parallel with said north line; thence south 00 degrees 08 minutes 55 seconds east 125.00 feet parallel with said west line; thence south 89 degrees 35 minutes 05 seconds west, 100.00 feet parallel with said north line to the place of beginning. Containing 0.29 acres more or less.
WHEREAS, said real estate is subject to an easement in favor of the City of Bluffton, Indiana, which easement was created in the plat of Interurban Park Subdivision recorded in the records in the office of the Recorder of Wells County, Indiana at Plat Book 4, Page 65, and is more particularly described as follows:
A 10 FOOT WIDE AND 20 FOOT WIDE UTILITY EASEMENT OVER THE 0.70 ACRE TRACT DESCRIBED IN DEED RECORD 152 PAGE 41, THE 0.29 ACRE TRACT DESCRIBED IN DEED RECORD 152, PAGE 42 AND DESCRIBED IN MISC. RECORD 66, PAGE 443 BEING A PART OF INTERURBAN PARK AS KNOWN AND DESIGNATED ON PLAT BOOK 4, PAGE 65 BEING IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 27 NORTH, RANGE 12 EAST, WELLS COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER FOUND PER RECORD WITNESS; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, (DEED BEARING DEED RECORD 144, PAGE 984) ON THE WEST LINE OF SAID SOUTHWEST QUARTER, 988.65 FEET TO A POINT LOCATED 1656.20 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 285.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE SOUTHWEST CORNER OF THE 2.57 ACRE TRACT DESCRIBED IN DEED RECORD 144, PAGE 984; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, 177.80 FEET TO A  CORNER  OF SAID 2.57 ACRE  TRACT;  THENCE NORTH 89  DEGREES  35  MINUTES  05  SECONDS  EAST,  105.00  FEET TO A  CORNER  OF SAID 2.57 ACRE  TRACT; THENCE  NORTH  00 DEGREES  08  MINUTES  55  SECONDS  WEST,  202.44  FEET ALONG  - THE WEST  LINE OF SAID 2.57 ACRE  TRACT TO  THE  NORTHWEST INTERURBAN PARK AS KNOWN AND DESIGNATED ON PLAT BOOK 4, PAGE 65 BEING IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 27 NORTH, RANGE 12 EAST, WELLS COUNTY, INDIANA, DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER FOUND PER RECORD WITNESS; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, (DEED BEARING DEED RECORD 144, PAGE 984) ON THE WEST LINE OF SAID SOUTHWEST QUARTER, 988.65 FEET TO A POINT LOCATED 1656.20 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 285.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE SOUTHWEST CORNER OF THE 2.57 ACRE TRACT DESCRIBED IN DEED RECORD 144, PAGE 984; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, 177.80 FEET TO A CORNER OF SAID 2.57 ACRE TRACT; THENCE NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 105.00 FEET TO A CORNER OF SAID 2.57 ACRE TRACT; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, 202.44 FEET ALONG THE WEST LINE OF SAID 2.57 ACRE TRACT TO THE NORTHWEST CORNER OF SAID 0.70 ACRE TRACT; THENCE NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 20.00 FEET ALONG THE NORTH LINE OF SAID 0.70 ACRE TRACT TO THE WEST LINE OF SAID 20 FOOT WIDE EASEMENT WHICH SHALL BE THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 325.00 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID 0.29 ACRE TRACT; THENCE SOUTH 00 DEGREES 08 MINUTES 55 SECONDS EAST, 20.00 FEET ALONG THE EAST LINE OF SAID 0.29 ACRE TRACT TO THE SOUTH LINE OF SAID 20 FOOT WIDE EASEMENT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 100.00 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID 10 FOOT WIDE EASEMENT; THENCE SOUTH 00 DEGREES 08 MINUTES 55 SECONDS EAST, 105.00 FEET ALONG THE EAST LINE OF SAID 10 FOOT WIDE EASEMENT TO THE SOUTH LINE OF SAID 0.70 ACRE TRACT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 10.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID 10 FOOT WIDE EASEMENT; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, 105.00 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID 20 FOOT WIDE EASEMENT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 215.00 FEET ALONG SAID SOUTH LINE TO THE PLACE OF BEGINNING.  CONTAINING 0.17 ACRES MORE OR LESS.
is hereby vacated and all rights and interests in the real estate formerly occupied by the
CORNER OF SAID 0.70 ACRE TRACT; THENCE NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 20.00 FEET ALONG THE NORTH LINE OF SAID 0.70 ACRE TRACT TO THE WEST LINE OF SAID 20 FOOT WIDE EASEMENT WHICH SHALL BE THE PLACE OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 35 MINUTES 05 SECONDS EAST, 325.00 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID 0.29 ACRE TRACT; THENCE SOUTH 00 DEGREES 08 MINUTES 55 SECONDS EAST, 20.00 FEET ALONG THE EAST LINE OF SAID 0.29 ACRE TRACT TO THE SOUTH LINE OF SAID 20 FOOT WIDE EASEMENT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 100.00 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID 10 FOOT WIDE EASEMENT; THENCE SOUTH 00 DEGREES 08 MINUTES 55 SECONDS EAST, 105.00 FEET ALONG THE EAST LINE OF SAID 10 FOOT WIDE EASEMENT TO THE SOUTH LINE OF SAID 0.70 ACRE TRACT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 10.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID 10 FOOT WIDE EASEMENT; THENCE NORTH 00 DEGREES 08 MINUTES 55 SECONDS WEST, 105.00 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID 20 FOOT WIDE EASEMENT; THENCE SOUTH 89 DEGREES 35 MINUTES 05 SECONDS WEST, 215.00 FEET ALONG SAID SOUTH LINE TO THE PLACE OF BEGINNING.  CONTAINING 0.17 ACRES MORE OR LESS.
WHEREAS, Steve R. Gerber and Gayla M. Gerber have 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:
A 10 FOOT WIDE AND 20 FOOT WIDE UTILITY EASEMENT OVER THE 0.70 ACRE TRACT DESCRIBED IN DEED RECORD 152 PAGE 41, THE 0.29 ACRE TRACT DESCRIBED IN DEED RECORD 152, PAGE 42 AND DESCRIBED IN MISC. RECORD 66, PAGE 443 BEING A PART OF
easement shall revert to Steve R. Gerber and Gayla M. Gerber.
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 10/4
hspaxlp

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