A. Any such plat may be vacated by the proprietors thereof, at any time prior to commencement of construction of improvements or before the sale of any lots therein, by a written instrument declaring the same to be vacated, duly executed, acknowledged or approved and recorded in the same office with the plat to be vacated. The execution and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys, commons and public grounds laid out or described in the plat. In cases where any lots have been sold, the plat may be vacated, as provided in this chapter, by all the owners of lots in the plat joining in the execution of the writing aforesaid.
B. Any part of a plat may be vacated under the provisions and conditions of subsection A of this section, provided such vacating does not abridge or destroy any of the rights and privileges of other proprietors in the plat. Nothing contained in this subsection shall authorize the closing or obstructing of any public highways laid out according to law.
C. When any part of a plat shall be vacated as aforesaid, the proprietors of the lots so vacated may enclose the streets, alleys and public grounds adjoining the lots in equal proportions.
D. The register of deeds, in whose office the plats are recorded, shall write in plain, legible letters across the part of the plat so vacated the word “vacated” and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.
E. No vacation of a plat will be granted after construction of improvements has commenced. Ord. 568 (part), 2002: Ord. 433 (part), 1995)