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When the Kosciusko County Commissioners vacate a property or road with conditions, they expect the conditions to be upheld.
Tuesday, they learned that a condition they placed on a 2001 request has not been fully met.
The commissioners told Kosciusko County Area Plan Commission assistant planner Matt Sandy to enforce the condition. Sandy said he will contact their attorney, Mike Reed, as soon as possible.
In 2001, Eric and Melody Hodson vacated a platted walkway in Beaver Dam Lake, off CR 750W, between lots 24 and 25 of the Grace E. Smith first addition on the southeast side of Beaver Dam Lake.
The commissioners approved the vacation on the condition Hodson relocate an existing easement to the lake for area residents.
Tuesday, resident Patricia Shields said, "Access to the lake has completely been denied to everyone."
Her daughter and grandchildren moved into their cottage last fall and Hodson told them they could walk on his property to the lake. But when they did, the commissioners were told, Hodson called the sheriff's department on them for trespassing. Luckily, they were able to find someone else who would allow them access to the lake, but not everyone will be as fortunate.
The question, Shields said, is who will handle the problem. Hodson has barricaded people from any access to the lake.
Ron Truex, middle district county commissioner, said the plan commission knows where the right of way is supposed to be. He said the residents should be able to get the right of way opened for them.
"To answer your question," Truex said, "we can help you."
Hodson must supply the pathway and the county can enforce it being kept open. "We will move at full speed and keep you posted," Truex said.
Shields provided the commissioners with a petition of area residents who wanted the access kept open.
In other matters, the commissioners:
• Approved Michael and Laura Norton's petition to rezone 3-1/4 acres from an agricultural to a residential district. The property is south of Palestine Lake in Seward Township.
• Approved Chad Tom's petition to rezone 2.1 acres from environmental to agricultural. The property is in Tippecanoe Township.
• Tabled Ronald Jasper's petition to vacate a 5-foot right of way in Stroh's Evergreen Addition in Turkey Creek Township until Jasper can petition the county Board of Zoning Appeals for a variance. After the BZA hearing, the commissioners will consider his request.
• Approved a petition by Robert and Shirley Newman, to vacate Merganser Street in Oak Grove Beach, Palestine Lake, Seward Township. The Newmans own property south of the road and the Zimmerman family owns property to the north of the street. The commissioners put a condition on the vacation that both the Zimmermans and Newmans had to combine lots accordingly so all lots had road frontage.
• Approved an encroachment agreement with the estate of Elizabeth Lash in Elm Grove First Addition, Lake Wawasee, Turkey Creek Township.
