PETITION TO VACATE A PUBLIC WAY STATE OF INDIANA SS KOSCIUSKO COUNTY IN RE: PETITION TO VACATE A PUBLIC WAY, PHILLIP MEYER AND NANCY MEYER, Husband and Wife, Petitioners BEFORE THE TOWN OF SILVER LAKE COME NOW the Petitioners, who affirm under the penalties for perjury and for petition To the Town of Silver Lake to vacate a public way, say: 1. That your Petitioners, Phillip Meyer and Nancy Meyer, Husband and Wife are the owners of the following described real estate situated in Kosciusko County, Indiana, to-wit: Lot 137, 138, 139, 140 in Courtland Park, shown by the Plat thereof, recorded as Section & Plat # 6-30-6, in the Office of the Recorder of Kosciusko County, Indiana, and which real estate is commonly known as 3208 W. Dixie Drive, Silver Lake, Indiana 46982. The real estate is hereinafter referred to herein as "Lot Number 1". 2. The public way for which your petitioners are seeking vacation herein, is located on Lot 1 owned by your petitioners and is bordered on the west by Edgewater Drive, and on the east by Roosevelt Street, the real estate for which vacation is sought herein is more particularly described as follows, to-wit: That real-estate situated in Kosciusko County, State of Indiana, bordered on the north by lot number 135 in Courtland Park and lot number 136 in Courtland Park, and bordered on the south by lot number 137, 138, 139, and 140 in Courtland Park, and bordered on the east by Roosevelt Street and bordered on the west by Edgewater Drive, as recorded as Section and Plat #6-30-6, in the office of the Recorder of Kosciusko County, Indiana. 3. That at this time as the Plat of Courtland Park is laid out, the proprietors thereof, namely William R. Brown and Janet M. Brown, Husband and Wife, own a tract of land adjoining Lot Number I. 4. That at this time as the Plat of Courtland Park is laid out, the proprietor thereof, namely Doris L. Weesner owns a tract of land adjoining Lot Number 1. 5. That the vacation sought herein will not hinder the growth or orderly development of the neighborhood in which it is located or to which it is contiguous. 6. That the vacation sought herein will not result in the creation of any difficulty or inconvenience to the access of any lands by means of a public way. 7. That the vacation sought herein will not hinder the public's access to a church, school, or other public building or place. 8. That the vacation sought herein will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. 9. That there are not any public utilities located within the public way for which vacation is sought herein. 10. That attached hereto marked Exhibit A, and made a part hereof by reference, is a copy of Plat book pages from the Plat Book of the records of the Auditor of Kosciusko County, Indiana, upon which the public way for which vacation is sought herein is highlighted in yellow. 11. That attached hereto marked Exhibit B, and made a part hereof by reference, is copy of that part of the Courtland Park for the real estate for which vacation is sought herein is located. 12. That the key number for Lot Number I is 18-25-59, and that the key number for Lot Number 2 is 18-25-48 and 18-25-47. Wherefore, your Petitioners pray the Town of Silver Lake to vacate the real estate shown upon the Plat of Courtland Park and lying between Lots Numbered 137,138,139 and 140 is said Courtland Park and Lot 135 and Lot 136 in said Courtland Park as shown upon the Plat thereof, recorded in Plat and Section 6-30-6, in the Office of the Recorder of Kosciusko County, Indiana, all after a public hearing as required by law, and for all other relief proper in the premises. Town Meeting of Silver Lake, Indiana to be held August 11th, 2009 at 7 pm at the Town Hall of Silver Lake, Indiana located at 604 N. Jefferson Street, Silver Lake, Indiana 46982. Dated: 8-4-09 EACH OF US AFFIRM UNDER THE PENALTIES FOR PERJURY TRACT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF. Phillip Meyer Nancy Meyer a7