NOTICE OF THE FILING AND PENDENCY OF A PETITION 

TO VACATE A PORTION 

OF A PUBLIC WAY

TO INTERESTED PARTIES:

You are notified that David A. Driscoll and Heidi C. Driscoll, husband and wife, Theodore B. Mitchell, and Travis Searles (the “Petitioners”) have filed with The Board of Commissioners of the County of Wells, Wells County, Indiana, their petition to vacate a 20’-wide alley off of the north boundary of Lots 31, 32, 33, 34, 35, and 36, the east boundary of Lot 34 and a 0.78-acre tract located directly west of Lots 37-39, the west boundary of Lots 33, 37, 38, and 39, and the south boundary of Lot 37 and the 0.78-acre tract located directly north of Lots 34-36, all in the unincorporated Town of Banner City, Indiana (referred to hereafter as the “Street”), more particularly described as follows:

A part of the alleys in Banner City being located on the southeast quarter of Section 34, Township 28 North, Range 11 East, Union Township, Wells County, Indiana, described as follows:

Beginning at the southwest corner of Lot 33; thence west, 20 feet to the southeast corner of Lot 34; thence north, 150 feet to the northeast corner of Lot 34; thence west, 150 feet to the northwest corner of Lot 36; thence north 20 feet to the north line of an alley; thence east, 150 feet to a corner of an alley being located 20 feet north of the northeast corner of said Lot 34; thence north, 150 feet to a corner of an alley being located 20 feet west of the northwest corner of Lot 39; thence east 20 feet to the northwest corner of Lot 39; thence south, 150 feet to the southwest corner of Lot 37; thence east, 150 feet to the southeast corner of said Lot 37; thence south, 20 feet to the northeast corner of Lot 31; thence west 150 feet to the northwest corner of said of said Lot 33; thence south, 150 feet along the west line of said Lot 33 to the place of beginning.

You are further notified that this petition will be considered by The Board of Commissioners of the County of Wells in the Commissioners’ Room of the Wells County Carnegie Annex in Bluffton, Indiana, at 5 o’clock P.M. on the 5th day of June, 2023. Persons interested in being heard either in favor of or in opposition to such petition are urged to attend. The Board of Commissioners of the County of Wells may, after a public hearing on the petition, grant the request by the passage of an ordinance vacating the above described portion of the Street.

Lisa McCormick, Auditor

Matthew P. Hayes, Attorney No. 32002-02

GORDON & ASSOCIATES, PC

119 East Oak Forest Drive

Bluffton, Indiana 46714

(260) 824-9377

Attorney for Petitioners

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