§ 151.008 VACATION.
   (A)   Any recorded plat or part thereof may be vacated only in accordance with I.C 36-7-3, as amended.
   (B)   Power is given to the town to vacate, by proper ordinance, any such existing plat and addition to the town or such part or parts thereof as the town may deem advantageous and best for its interests, and the power granted shall be exercised by the town upon the petition of the owner or all of the owners of lots or lands in such plat or addition.
   (C)   Such ordinance vacating such plat or addition shall specify whether, and, if any, what public highways, streets, alleys, and public grounds thereof are to be retained by the town; otherwise such ways, streets, and public grounds shall upon such vacation revert to the owner or owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds. In case of total or partial vacation of such plat or addition, the ordinance providing therefor shall be, at the cost of the owner or owners, certified to the office of the County Recorder and be there recorded by the owner or owners. Whereupon the Recorder shall note such total or partial vacation of such plat or addition by writing in plain and legible letters upon such plat or portion thereof so vacated the word “vacated”, and also make on the same, reference to the volume and page in which said ordinance of vacation is recorded; and the owner or owners of the lots and lands in a plat so vacated shall cause the same and the proportionate part of the abutting highway, streets, alleys, and public grounds so vacated to be replatted and numbered by the Town Engineer. When such replat so executed is acknowledged by such owner or owners and is recorded in the office of the County Recorder, such property so replatted may be conveyed and assessed by the numbers given in such replat.
(Ord. 2005-5, passed 6-7-2005)