In Re: The Vacation of a Public Way pursuant to Indiana Code 36-7-3-12
To the Commissioners of Wells County:
Jeffrey Runion, Wells County resident, intends to request that a roadway be vacated as designated on the recorded plat of the Town of Mount Zion, now Vera Cruz, beginning at a 5/8 inch rebar stake at the northeast corner of Lot Numbered Thirty-three (33) as known and designated on the recorded plat of the Town of Mount Zion; thence southwesterly, 236.50 feet to a 5/8 inch rebar stake at the northwest corner of Lot Numbered Forty-two (42) in said Mount Zion; thence northerly, 10 feet to a 5/8 inch rebar stake at the southwest corner of Lot Numbered Forty-one (41) in said Mount Zion; thence northeasterly, 236.50 feet to a 5/8 inch rebar stake at the southeast corner of Lot Numbered Thirty-four (34) in said Mount Zion; thence southerly, 10 feet to the place of beginning. It is requested that the property herein described be vacated. Jeffrey Runion individually owns the southern parcel bordering this east-west, ten-foot (10’) wide right of way. The bordering, northern parcel is owned by James and Alice Huffman of 6286 S 600 W-90 Warren, Indiana 46792. Said right-of-way is an unimproved and grassed over area running between described lots. Said right of way borders, on the westernmost end of the right-of-way, an unimproved right of way known as Jackson Street. Jackson Street is essentially an unusable roadway with minimal, if any, ingress or egress. At the point the right-of-way connects with Jackson Street and across Jackson Street exists a farm field owned by Franklin H. Frayer of 6165 West 700 South, Warren, Indiana. No other individuals, corporation, or other entities own any parcel that is in contact with the right-of-way.
The property in question has been owned and maintained by Jeff Runion for years. The petitioner has lived there for years and has acquired various parcels of property where he lives and so does his family on the same block. The right-of-way as described herein is rarely, if ever, used, and grassed over. This right-of-way connects to South 600 West on its easternmost border but, again, no individual utilizes this for ingress or egress as the bordering parcels all maintain property access through usable and common rights-of-way. The Petitioner has the responsibility of caring for his section of this property, attending to it, and otherwise ensuring that everything is in proper order.
The vacating of this right-of-way will have minimal, if any, effect on any nearby landowners and the road, being essentially decommissioned by practice, would in no way inhibit any persons or organizations from access to important amenities such as emergency service, utilities, and the like. The vacation of this right-of-way will not hinder growth or orderly development of the property or the neighborhood in which it is located. In fact, it will most likely promote growth and development. The vacation of this right-of-way would additionally in no way make access to other persons’ lands more difficult or inconvenient in practice. The vacation of this right-of-way will not hinder the public’s access to a church, school, or other public building or place. Finally, the vacation of this right-of-way will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.
A survey has been performed and is attached hereto with the right-of-way in question indicated. It is respectfully requested that within 30 days after this notice is received, the legislative body being the County Commissioners of Wells County, Indiana hold a hearing on this matter. Pursuant to Indiana Law, notice shall be published in a manner prescribed by Indiana Code 5-3-1 and by certified mail to each owner of land that abuts the property proposed to be vacated. All costs of the notice shall be borne by the petitioners.
Colin Z. Andrews, #26767-49
ANDREWS & CRELL, P.C.
116 S. Main Street
Bluffton, IN 46714
Attorney for Jeffrey Runion