Winona Takes First Steps To Vacate LeMasters' Property

July 28, 2016 at 4:25 p.m.

By TERESA SMITH, Times-Union Staff Writer-

WINONA LAKE - There were no comments from the public following Mike Armey's presentation of the Jim and Lisa LeMasters' request to vacate a public right of way.

Armey advised the town council the title work had not been completed so the request couldn't be finalized at Tuesday's public hearing.

The LeMasters are asking for a vacation of lots 166 and 167 to the east of their property at 202 Esplanade St. to 10 feet of the channel seawall.

The request stems from a lawsuit filed by the Winona Lake Lion's Club nearly two years ago. Armey said part of the settlement requires vacation of the property. As adjacent property owners, the LeMasters will acquire the land. They have paid surveying fees, Armey said, will bear the costs of removing the Lions' Club building and will pay property taxes.

Answering questions from councilwoman Joy Lohse, LeMasters said he purchased the Esplanade property in 1988 and was aware then the Lions Club building sat on the public easement, an unimproved roadway. He tore down the existing house there and had to build his new house 20 feet further west to meet side yard setbacks and not encroach on the Lions Club building .

In 2000, the LeMasters asked for the easement to be vacated. The request was denied.

"I was sued by the Lions Club because the law says that property belongs to an adjacent property owner," Jim LeMasters said.

Final action on the vacation request was tabled until the April 26 meeting at 7 a.m.

Instead of appropriating $500 for Kosciusko Development Inc., as budgeted, the council approved a payment of $750 to the economic development corporation.

Councilman Jerry Clevenger said he recently heard a presentation by KDI representatives at a service club meeting.

"Although we really don't have an area for manufacturing or industry," he said. "We benefit from economic development as a 'bedroom' community."

Lohse recommended giving KDI $750, which was unanimously approved.

Town clerk Retha Hicks said she would find the additional money and commented that only 30 percent of the annual fuel budget was remaining.

The council also:

• Approved purchase of a town copier with scanning, facsimile and computer network printing capabilities from IKON at a cost of $2,500.

• Heard from a Mineral Springs resident who expressed his concerns about a lightning-damaged tree on Poplar Street. He said "dead" branches could take down electrical lines. He recognized that the tree was on private property and asked the council if there was some way to address the problem.

• Heard from town coordinator Craig Allebach that bid-letting on the greenway should be within 30 days with construction getting under way in June or July.

Town council members are: Jeff Carroll, Jerry Clevenger, David Delp, Joy Lohse and Rolly Ortega. [[In-content Ad]]

WINONA LAKE - There were no comments from the public following Mike Armey's presentation of the Jim and Lisa LeMasters' request to vacate a public right of way.

Armey advised the town council the title work had not been completed so the request couldn't be finalized at Tuesday's public hearing.

The LeMasters are asking for a vacation of lots 166 and 167 to the east of their property at 202 Esplanade St. to 10 feet of the channel seawall.

The request stems from a lawsuit filed by the Winona Lake Lion's Club nearly two years ago. Armey said part of the settlement requires vacation of the property. As adjacent property owners, the LeMasters will acquire the land. They have paid surveying fees, Armey said, will bear the costs of removing the Lions' Club building and will pay property taxes.

Answering questions from councilwoman Joy Lohse, LeMasters said he purchased the Esplanade property in 1988 and was aware then the Lions Club building sat on the public easement, an unimproved roadway. He tore down the existing house there and had to build his new house 20 feet further west to meet side yard setbacks and not encroach on the Lions Club building .

In 2000, the LeMasters asked for the easement to be vacated. The request was denied.

"I was sued by the Lions Club because the law says that property belongs to an adjacent property owner," Jim LeMasters said.

Final action on the vacation request was tabled until the April 26 meeting at 7 a.m.

Instead of appropriating $500 for Kosciusko Development Inc., as budgeted, the council approved a payment of $750 to the economic development corporation.

Councilman Jerry Clevenger said he recently heard a presentation by KDI representatives at a service club meeting.

"Although we really don't have an area for manufacturing or industry," he said. "We benefit from economic development as a 'bedroom' community."

Lohse recommended giving KDI $750, which was unanimously approved.

Town clerk Retha Hicks said she would find the additional money and commented that only 30 percent of the annual fuel budget was remaining.

The council also:

• Approved purchase of a town copier with scanning, facsimile and computer network printing capabilities from IKON at a cost of $2,500.

• Heard from a Mineral Springs resident who expressed his concerns about a lightning-damaged tree on Poplar Street. He said "dead" branches could take down electrical lines. He recognized that the tree was on private property and asked the council if there was some way to address the problem.

• Heard from town coordinator Craig Allebach that bid-letting on the greenway should be within 30 days with construction getting under way in June or July.

Town council members are: Jeff Carroll, Jerry Clevenger, David Delp, Joy Lohse and Rolly Ortega. [[In-content Ad]]

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