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Continuously serving Kosciusko County since 1854

WAWASEE CONSERVANCY FOUNDATION - MI-118

Posted
NOTICE TO UNKNOWN AND NON-RESIDENT DEFENDANTS
STATE OF INDIANA
SS:
COUNTY OF KOSCIUSKO
WAWASEE AREA CONSERVANCY FOUNDATION, INC., Plaintiff
v.
STATE OF INDIANA ex reI.
DEPARTMENT OF TRANSPORTATION;
and MAYME W. LONG; and
THE UNKNOWN HUSBAND OR
WIFE, WIDOWER OR WIDOW, THE
UNKNOWN HEIRS, DEVISEES OR
LEGATEES OF ANY SUCH PERSON
SHOWN BY THE PUBLIC RECORDS  
OF KOSCIUSKO COUNTY, STATE OF
INDIANA, AT ANY TIME IN THE PAST
TO HAVE HAD ANY INTEREST IN
THE REAL ESTATE DESCRIBED IN
PLAINTIFF'S COMPLAINT HEREIN,
BY REASON WHEREOF DOUBT AS
TO TITLE TO SAID REAL ESTATE  
MAY ARISE, Defendants
IN THE KOSCIUSKO CIRCUIT COURT
CAUSE NUMBER 43C01-1505-MI-118
    Notice is hereby given that on the 19th day of May, 2015, the above named Plaintiff filed in the Office of the Clerk of the Circuit Court of Kosciusko County, Indiana, its Complaint against all the Defendants herein, and its Affidavit concerning the non-residence of certain Defendants hereinafter named and designated, and its Special Jurisdictional Affidavit as to certain named and designated Defendants.
    That said proceedings are brought to quiet the title of Plaintiff against all named and designated Defendants to the Complaint and as against all demands, claims and claimants whomsoever and as against the world in and to the following real estate described in the
Complaint situate in Kosciusko County, Indiana, to-wit:
    A tract of land in the North half of Section 17 (Government Lot #3) Township 34 North, Range 7 East, Turkey Creek Township, Kosciusko County, Indiana, more particularly described as follows:
    Beginning at the Southeast corner of the Northwest Quarter of the Northeast Quarter of said Section 17 (Government Lot #3), being on the centerline of State Road #13; thence South 00°00'00" West (assumed and basis of bearings), along said centerline and the South line of the Northwest Quarter of said Northeast Quarter, 620.88 feet to a point; thence along said centerline on a curve to the right, 847.04 feet, said curve having a radius of 1953.26 feet, a chord of 866.77 feet and a chord bearing of North 77º10'51" West, to a point 140.0 feet West of the West line of the Northwest Quarter of said Northeast Quarter; thence recorded North 87º30' East, 160.0 feet, more or less, to the low water line of Lake Wawasee; thence Southeasterly, Northeasterly and Northerly, along said low water line, 596 feet more or less, to the Northerly point of said low water line; thence Easterly, Southeasterly, Easterly and Northeasterly, along said low water line, 677 feet more or less, to a point on the East line of the Northwest Quarter of said Northeast Quarter, also being the East line of Government Lot #3; thence South 00°01'25" West, along said East line, 147.0 feet, more or less, to the Point of Beginning, containing 3.75 acres more or less, together with the riparian rights incident thereto.
    Subject to right-of-way of State Highway #13 and to all covenants, easements, or restrictions of record and all applicable building and zoning laws and ordinances and possible rights of tile and drainage ditches.
    Also subject to the jurisdiction of the State of Indiana Department of Natural Resources.  That said Special Jurisdictional Affidavit filed with said Complaint sets out the matters required by Chapter 177 of the Acts of 1915 of the General Assembly of the State of Indiana, approved March 10, 1915, and all acts amendatory and supplementary thereto authorizing the quieting of title to real estate against all persons whomsoever and as against the world.
    Plaintiff also files the affidavit of a competent person that the residence of the following named and designated Defendants is unknown and upon diligent inquiry cannot be ascertained and they are believed to be non-residents of the State of Indiana, to-wit: the unknown husband    or wife, widower or widow, the unknown heirs, devisees or legatees of any such person shown by the public records of Kosciusko County, Indiana, at any time in the past to have had any interest in the real estate described in Plaintiff's Complaint herein, by reason whereof doubt as to the validity of Plaintiff s title to said real estate may arise.
    NOW, THEREFORE, said Defendants, whose names and designations are above set out, are hereby notified of the pendency of said cause against them, and that unless they appear and  plead thereto at the calling of said cause on the 17th day of July, 2015, at 10:00 a.m., the, the same being a judicial day of said Court, to be held at the Kosciusko Circuit Court, 121 North Lake Street, Warsaw, Kosciusko County, Indiana, the said cause will be heard and determined in their absence.
    WITNESS my hand and seal of said Court affixed at Warsaw, Indiana, this______of May, 2015.
Ann Torpy, Clerk
Kosciusko Circuit Court
Richard A. Green, #7280-27
Attorney for Plaintiff
GREEN, GROSSNICKLE & FLECKER, LLP
1416 S. Huntington Street
P.O. Box 38
Syracuse, IN 46567
Telephone: (574) 457-3222
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