New York Landlord Notice to Vacate
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AN ORDINANCE VACATING A PORTION OF A PUBLIC WAY (STREET) IN PART OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 6 WEST, TOWN OF MONTGOMERY, INDIANA

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ORDINANCE 2007-002

WHEREAS, on November 16, 2007, the Town Board of Montgomery accustomed from Gerald R. Stoll and Norma Lynn Stoll, bedmate and wife, Jodey Neukam and Amanda Neukam, bedmate and wife, and Wilmer D. Miller and Teresa Miller, bedmate and wife, a Petition to Vacate Part of a Public Way (Street) accepted as (“Hastings Street”) amid in the Northwest division of Section 26, Township 3 North, Range 6 West, in said Town of Montgomery, Indiana; and

WHEREAS, said Petition annoyed the requirements of I.C. 36-7-3-12; and

WHEREAS, the Clerk-Treasurer gave apprehension of the Petition and of the time and abode of audition on the Petition pursuant to I.C. 5-3-1 and said Apprehension was appear in the Washington Times-Herald on 20th day of November, 2007, as added absolutely appears in the Publisher’s Affidavit absorbed to this authorization as “Exhibit 1”; and

WHEREAS, the Clerk-Treasurer mailed a archetype of the Apprehension by certified mail to anniversary buyer of acreage that abuts the allocation of the Public Way (Street) to be alone that did not abandon apprehension by signing the Petition to Vacate; and

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WHEREAS, the Town Board of Montgomery on the 3rd day of December, 2007, did apprehend and actuate the Petition and begin aforementioned to be in satisfactory anatomy and agreeable and there actuality no argument to the vacation as proposed in the Petition, the Board accepted said Petition.

NOW, THEREFORE, IT IS ORDAINED AS FOLLOWS:

Section 1. That the afterward declared Allocation of a Public way (Street) amid in the Northwest division of Section 26, Township 3 North, Range 6 West, which acreage is declared as follows, to-wit:

Beginning at the Southwest bend of Lot No. 3 in the Wilson Coal Company’s Addition to the Town of Montgomery; accordingly S88o19’41”W a ambit of 60.0 feet; accordingly N01o17’44”W alongside to the West band of said Lot No. 3 a ambit of 120.0 feet; accordingly N88o19’41”E alongside to South band a ambit of 60.0 anxiety to the Northwest bend of said Lot No. 3; accordingly S01o17’44”E forth said West band a ambit of 120.0 anxiety to the abode of beginning, absolute 0.17 acreage added or less.

EXCEPTING AND RESERVING, unto the Town of Montgomery, Indiana, its breed and assigns, an alleviation for the purpose of accouterment admission to and constructing, inspecting, maintaining, operating, enlarging, rebuilding, and/or acclimation avenue account mains, pipes, manholes, or added accessories currently amid on the above-described absolute estate.

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shall be and hereby is vacated, and buying is accepted in Jodey Neukam and Amanda Neukam, bedmate and wife.

Section 2. That the afterward declared Allocation of a Public Way (Street) amid in the Northwest division of Section 26, Township 3 North, Range 6 West, which acreage is declared as follows, to-wit:

Commencing at the Southwest bend of Lot No. 4 in the Wilson Coal Company’s Addition to the Town of Montgomery; accordingly S88o19’41”W a ambit of 30.0 anxiety to the Point of Beginning; accordingly abide S88o19’41”W a ambit of 30.0 feet; accordingly N01o17’44”W alongside to the West band of said Lot No. 4 a ambit of 120.0 feet; accordingly N88o19’41”E alongside to South band a ambit of 30.0 feet; accordingly S01o17’44”W alongside to said West band a ambit of 120.0 anxiety to the abode of beginning, absolute 0.08 acreage added or less.

EXCEPTING AND RESERVING, unto the Town of Montgomery, its breed and assigns, an alleviation for the purpose of accouterment admission to and constructing, inspecting, maintaining, operating, enlarging, rebuilding, and/or acclimation avenue account mains, pipes, manholes, or added accessories currently amid on the above-described absolute estate.

shall be and hereby is vacated, and buying is accepted in Wilmer D. Miller and Mary Teresa Miller, bedmate and wife.

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Section 3. That the afterward declared Allocation of a Public Way (Street) amid in the Northwest division of Section 26, Township 3 North, Range 6 West, which is appropriately declared as follows, to-wit:

Beginning at the Southwest bend of Lot No. 4 in the Wilson Coal Company’s Addition to the Town of Montgomery; accordingly S88o19’41”W a ambit of 30.0 feet; accordingly N01o17’44”W alongside to the West band of said Lot No. 4 a ambit of 120.0 feet; accordingly N88o19’41”E alongside to South band a ambit of 30.0 anxiety to the Northwest bend of said Lot No. 4; accordingly S01o17’44”E forth said West band of Lot No. 4 a ambit of 120.0 anxiety to the abode of beginning, absolute 0.08 acreage added or less.

EXCEPTING AND RESERVING, unto the Town of Montgomery, Indiana, its breed and assigns, an alleviation for the purpose of accouterment admission and constructing, inspecting, maintaining, operating, enlarging, rebuilding, and/or acclimation avenue account mains, pipes, manholes, or added accessories currently amid on the above-described absolute estate.

shall be and hereby is vacated, and buying is accepted in Gerald R. Stoll and Norma Lynn Stoll, bedmate and wife.

Section 4. A archetype of the Survey Plat assuming the allocation of the alleyway to be alone and able by David R. Boblitt, IN, Reg. L.S. 20300007 is absorbed hereto and apparent “Exhibit 2”.

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Section 5. That the Clerk-Treasurer is hereby accustomed and directed to almanac a archetype of this authorization in the Office of the Recorder of Daviess County, Indiana, and the Office of the Auditor of Daviess County, Indiana.

Section 6. This authorization shall be in abounding force and aftereffect from and afterwards its access by the Town Board of Montgomery, Indiana, and to be included in its Authorization Record.

Section 7. The Town of Montgomery Authorization Almanac is hereby adapted in acquiescence with the Ordinance.

ADOPTED by the Town Board of Montgomery, Daviess County, Indiana, this 3rd day of December, 2007.

Mike Healy, President

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Chris O’Brian,

Council Member

Brad Traylor, Council Member

ATTEST: Michelle Fuhs, Clerk Treasurer, Town of Montgomery

Jan. 3, 2008

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