Vacation by Ordinance Nolley
May 11, 2020 at 2:31 p.m.
By -
STATE OF INDIANA
KOSCIUSKO COUNTY SS:
BEFORE THE COMMISSIONERS OF KOSCIUSKO COUNTY, INDIANA
IN RE: THE PETITION OF
JASON LEROY NOLLEY, GINA R. RUFF AND DUSTIN E. RUFF
TO THE CITIZENS OF KOSCIUSKO COUNTY, INDIANA
You are hereby notified that a petition has been filed with the County Commissioners of Kosciusko County, Indiana by Jason LeRoy Nolley, Gina R. Ruff and Dustin E. Ruff requesting the vacation by ordinance of a certain undeveloped and unimproved street located in Epworth Forest, North of Asbury Lane and adjacent to the residential properties of the Petitioners, and more particularly described as follows:
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract IV completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the North east corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description) , on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker" at the POINT OF BEGINNING; thence continuing S04°-34'-52"E, on and along said Westerly line, a distance of 53.10 feet to a 5/8 -inch iron pin capped "Walker"; thence S14°-43'-03"E, on and along said Westerly line, a distance of 61.75 feet; thence S39°-37'05"E, on and along said Westerly line, a distance of 35.04 feet to the South corner of said Lot Number 1, said corner also being at the Southwest corner of said Lot Number 2, said corner being situated 0.5 feet West of and 0.5 feet South of an iron pipe found; thence S78°-15'-21"W, a distance of 55.95 feet to a 5/8-inch iron pin capped "Walker"; thence N00°-51'-54"W, a distance of 67.78 feet to a 5/8 -inch iron pin capped "Walker"; thence N04°28'-12"W, a distance of 83.15 feet to a 5/8-inch iron pin capped "Walker"; thence N88°-56'-52"E, a distance of 20.01 feet to the point of beginning, containing 0.09 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
As well as
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract V completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the Northeast corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description), on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the POINT OF BEGINNING; thence continuing S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the Northeast corner of a certain tract of land recorded in Document Number 2018020483 in the records of Kosciusko County, Indiana; thence S04°-36'43"E, on and along the East line of said Lot Number 17, a distance of 53.10 feet to a 5/8-inch iron pin capped "Walker" found at the Southeast corner of said Lot Number 17, said iron pin also being at the Northeast corner of said Lot Number 18; thence S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the Southeast corner of said tract of land in Document Number 2018020483; thence N88°-56'-52"E, a distance of 25.63 feet to a 5/8-inch iron pin capped "Walker"; thence N04°-28'-12"W, a distance of 83.15 feet to the point of beginning, containing 0.04 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
As well as
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract VI completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the Northeast corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description), on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker"; thence continuing S88° -56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the Northeast corner of a certain tract of land recorded in Document Number 2018020483 in the records of Kosciusko County, Indiana; thence S04°-36'-43"E, on and along the East line of said Lot Number 17, a distance of 53.10 feet to a 5/8-inch iron pin capped "Walker" found at the Southeast corner of said Lot Number 17, said iron pin also being at the Northeast corner of said Lot Number 18; thence S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the South east corner of said tract of land in Document Number 2018020483, said iron pin also being at the POINT OF BEGINNING; thence continuing S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the Southeast corner of said Lot Number 18, said iron pin also being at the Northeast corner of said Lot Number 19; thence S26° -57'-19"W, on and along the East line of said Lot Number 19, a distance of 54.55 feet to a 5/8 -inch iron pin capped "Walker"; thence N78°-15'-21"E, a distance of 55.95 feet to a 5/8-inch iron pin capped "Walker"; thence N00°-51'-54"W, a distance of 67.78 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 25.63 feet to the point of beginning, containing 0.06 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
You are hereby notified that the Board of Commissioners of Kosciusko County, Indiana, has set the above petition for hearing at 9:00 o’clock a.m., on June 23, 2020, at the Kosciusko County Courthouse, 100 West Center Street, Warsaw, Indiana 46580. Any person may appear and be heard upon the petition at the time, date and place above scheduled for hearing and/or may send written comments or response to the Auditor of Kosciusko County, Indiana, 100 West Center Street, Warsaw, Indiana 46580, prior to the above time and date set for hearing.
After hearing, the petition may be granted, denied or continued, and an ordinance may be introduced and passed according to law, providing for the vacation of said real estate.
Witness my hand on behalf of the Board of Commissioners of
Kosciusko County, Indiana, this 6th day of May, 2020.
Michelle Puckett, Auditor
Kosciusko County, Indiana
Prepared by Richard K. Helm, Rockhill Pinnick LLP, Attorneys for
Petitioner.
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STATE OF INDIANA
KOSCIUSKO COUNTY SS:
BEFORE THE COMMISSIONERS OF KOSCIUSKO COUNTY, INDIANA
IN RE: THE PETITION OF
JASON LEROY NOLLEY, GINA R. RUFF AND DUSTIN E. RUFF
TO THE CITIZENS OF KOSCIUSKO COUNTY, INDIANA
You are hereby notified that a petition has been filed with the County Commissioners of Kosciusko County, Indiana by Jason LeRoy Nolley, Gina R. Ruff and Dustin E. Ruff requesting the vacation by ordinance of a certain undeveloped and unimproved street located in Epworth Forest, North of Asbury Lane and adjacent to the residential properties of the Petitioners, and more particularly described as follows:
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract IV completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the North east corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description) , on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker" at the POINT OF BEGINNING; thence continuing S04°-34'-52"E, on and along said Westerly line, a distance of 53.10 feet to a 5/8 -inch iron pin capped "Walker"; thence S14°-43'-03"E, on and along said Westerly line, a distance of 61.75 feet; thence S39°-37'05"E, on and along said Westerly line, a distance of 35.04 feet to the South corner of said Lot Number 1, said corner also being at the Southwest corner of said Lot Number 2, said corner being situated 0.5 feet West of and 0.5 feet South of an iron pipe found; thence S78°-15'-21"W, a distance of 55.95 feet to a 5/8-inch iron pin capped "Walker"; thence N00°-51'-54"W, a distance of 67.78 feet to a 5/8 -inch iron pin capped "Walker"; thence N04°28'-12"W, a distance of 83.15 feet to a 5/8-inch iron pin capped "Walker"; thence N88°-56'-52"E, a distance of 20.01 feet to the point of beginning, containing 0.09 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
As well as
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract V completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the Northeast corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description), on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the POINT OF BEGINNING; thence continuing S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the Northeast corner of a certain tract of land recorded in Document Number 2018020483 in the records of Kosciusko County, Indiana; thence S04°-36'43"E, on and along the East line of said Lot Number 17, a distance of 53.10 feet to a 5/8-inch iron pin capped "Walker" found at the Southeast corner of said Lot Number 17, said iron pin also being at the Northeast corner of said Lot Number 18; thence S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the Southeast corner of said tract of land in Document Number 2018020483; thence N88°-56'-52"E, a distance of 25.63 feet to a 5/8-inch iron pin capped "Walker"; thence N04°-28'-12"W, a distance of 83.15 feet to the point of beginning, containing 0.04 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
As well as
Part of a street lying between Lot Number 1 in Block "I" and Lots Numbered 17, 18 and 19 in Block "H", all being in Epworth Forest, as recorded in Plat Book 2, page 258 in the records of Kosciusko County, Indiana (This description prepared by Kevin R. Michel, LS80870006, as part of original survey QU-176 Tract VI completed by J.K. Walker and Associates, P.C., dated March 23, 2020), being more particularly described as follows, to wit:
Commencing at an iron pipe found at the Northeast corner of Lot Number 2 in said Block "I"; thence S88°-56'52"W (GPS Grid bearing and used as the basis of bearings for this description), on and along the North line of Lots Numbered 1 and 2 in said Block "I", a distance of 89.60 feet (platted 90 feet), to a concrete marker found at the Northwest corner of said Lot Number 1; thence S04°-34'-52"E, on and along the Westerly line of said Lot Number 1, a distance of 5.01 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker"; thence continuing S88° -56'-52"W, a distance of 20.01 feet to a 5/8-inch iron pin capped "Walker" at the Northeast corner of a certain tract of land recorded in Document Number 2018020483 in the records of Kosciusko County, Indiana; thence S04°-36'-43"E, on and along the East line of said Lot Number 17, a distance of 53.10 feet to a 5/8-inch iron pin capped "Walker" found at the Southeast corner of said Lot Number 17, said iron pin also being at the Northeast corner of said Lot Number 18; thence S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the South east corner of said tract of land in Document Number 2018020483, said iron pin also being at the POINT OF BEGINNING; thence continuing S06°-27'-38"W, on and along the East line of said Lot Number 18, a distance of 30.26 feet to an iron pin found at the Southeast corner of said Lot Number 18, said iron pin also being at the Northeast corner of said Lot Number 19; thence S26° -57'-19"W, on and along the East line of said Lot Number 19, a distance of 54.55 feet to a 5/8 -inch iron pin capped "Walker"; thence N78°-15'-21"E, a distance of 55.95 feet to a 5/8-inch iron pin capped "Walker"; thence N00°-51'-54"W, a distance of 67.78 feet to a 5/8-inch iron pin capped "Walker"; thence S88°-56'-52"W, a distance of 25.63 feet to the point of beginning, containing 0.06 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
You are hereby notified that the Board of Commissioners of Kosciusko County, Indiana, has set the above petition for hearing at 9:00 o’clock a.m., on June 23, 2020, at the Kosciusko County Courthouse, 100 West Center Street, Warsaw, Indiana 46580. Any person may appear and be heard upon the petition at the time, date and place above scheduled for hearing and/or may send written comments or response to the Auditor of Kosciusko County, Indiana, 100 West Center Street, Warsaw, Indiana 46580, prior to the above time and date set for hearing.
After hearing, the petition may be granted, denied or continued, and an ordinance may be introduced and passed according to law, providing for the vacation of said real estate.
Witness my hand on behalf of the Board of Commissioners of
Kosciusko County, Indiana, this 6th day of May, 2020.
Michelle Puckett, Auditor
Kosciusko County, Indiana
Prepared by Richard K. Helm, Rockhill Pinnick LLP, Attorneys for
Petitioner.
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