ORDINANCE 2025-32

ORDINANCE VACATING PUBLIC RIGHT-OF-WAY LOCATED
IN DELAWARE COUNTY, INDIANA

WHEREAS, the Board of Delaware County having adopted a petition to vacate certain rights-of-way, the Board of Commissioners of Delaware County, Indiana, has provided notice, pursuant to Ind. Code § 36-7-3-12(c) and Ind. Code § 5-3-1 stating that it now desires to vacate a certain public right-of-way located within Delaware County, Indiana, as illustrated in “EXHIBIT A” attached hereto (the “Vacation Area”), which said Vacation Area is generally described as follows:

Commencing Eight Hundred Sixty (860) feet north of County Road 400 South for a length of One Thousand Seven Hundred Sixty (1,760) feet until the dead end of the road as well as Bridge #190 that spans the No Name Creek located in the Monroe Township, Delaware County.

WHEREAS, the notice further provided information regarding a public hearing on the proposed vacation, which said public hearing was held on November 17, 2025 consistent with, and pursuant to, Ind. Code § 36-7-3-12; and

WHEREAS, the Board of Commissioners of Delaware County, Indiana, having duly considered the proposed vacation of the right-of-way, now desires to adopt an ordinance in accordance with Ind. Code § 36-7-3-12 to formally vacate said right-of-way.

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

SECTION 1. The Board of Commissioners of Delaware County, Indiana determines the following:

Vacation of the Vacation Area will not hinder the growth or orderly development of unit or neighborhood in which said Vacation Area is located or to which the Vacation Area is contiguous;

Vacating the Vacation Area does not make access to the lands of any person by means of public way difficult or inconvenient;

Vacating the Vacation Area does not hinder the public’s access to a church, school or other public building or place; and

Vacating the Vacation Area will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

SECTION 2. The following described Vacation Area located within the boundaries of Delaware County, Indiana is hereby vacated:

Commencing Eight Hundred Sixty (860) feet north of County Road 400 South for a length of