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J(� 701913699 ORD $25.00 Y2/10/2019 02:06:25P 3 PGS Jana K Gray Morgan County Recorder IN Recorded as Presented I�IIII II�III I I IIIIIIII VIII IIIIIIIIII IIIII�IIII VIII I��II��IIIIII IIII ORDINANCE NO. 6-2019 AN ORDINANCE VACATING PUBLIC WAYS IN THE TOWN OF MOORESVILLE MORGAN COUNTY INDIANA WHEREAS, The Town of Mooresville, Morgan County, Indiana (the "Town"), has provided notice, pursuant to Indiana Code § 36-7-3-12 (c) and § 5-3-1 et seq. that Charles R. Hagee and Barbara Hagee, as Trustees of the Hagee Family Trust and Charles Aaron Hagee, individually, desire to vacate a certain public way described on Exhibit "A" that is attached hereto and incorporated herein (collectively, "Vacation Area"). WHEREAS, a public hearing on this matter has been held consistent with and pursuant to Indiana Code § 36-7-3-12; WHEREAS, the public good is served by the requested vacation because the vacation will (a) improve the public safety of the residents of Mooresville; (b) support the need by the Town to be able to properly exercise its rights and responsibilities regarding the proper development of neighborhoods; (c) enable the Town to properly exercise its rights and responsibilities regarding the control of traffic; and (d) preserve the property values in the Town. NOW, THEREFORE, BE IT ORDAINED, that the Town Council of the Town of Mooresville, Morgan County, Indiana acting pursuant to the authority granted to it by Indiana Code § 36-7-3-12 as follows: The Town Council hereby finds and determines the following: (a) Vacation of the proposed alley will not hinder the growth or orderly development of the unit or neighborhood in which the alley is located or to which the alley is contiguous; (b) Vacating the proposed alley does not make access to the lands of any person by means of public way difficult or convenient. (c) Vacating the proposed alley does not hinder the public's access to a church, school or other public building or place; and (d) Vacation will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. 2. The alley consists of a public way located within Mooresville's Municipal boundaries, is hereby vacated. 3. The Town reserves and retains a public easement for use by the Town over, under and across the entire Vacated Area; 25796468.1