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Commissioners approve two right-of-way vacations on North Shore Drive and Barbee Lake area
Summary
The board approved vacation of the remaining 10-foot public way adjacent to a lot on North Shore Drive (Indian Hill Subdivision) and approved a vacation that straightens and reduces the right-of-way near Barbee Lake, with staff noting prescriptive public use will leave an approximate 33-foot right-of-way in some places.
Kosciusko County commissioners approved two separate petitions to vacate portions of platted rights-of-way in lakefront subdivisions. The first petition sought to vacate the remaining 10-foot strip of a formerly platted 25-foot way adjacent to Lot 1 in the Indian Hill subdivision on North Shore Drive; planning staff said the strip had no functional access, has not been used, and had been maintained by the petitioner. The planning commission recommended vacation with a 6–2 vote, and commissioners approved the vacation on motion.
The second petition covered a segment of the platted E 17 Lane in Amman’s Addition near Barbee Lake. Staff and the petitioner described a historic jog between plats and noted that, although the plat would eliminate the south 25 feet of the platted right-of-way, long-term public use of the road prior to 1988 creates additional prescriptive right-of-way to the edge of pavement. As a result, staff explained the effective public right-of-way after the vacation would be roughly 33 feet in places because the pavement extends beyond the platted line. Planning staff said the modification would straighten setbacks for existing homes; the planning commission gave an 8–0 favorable recommendation and commissioners approved the vacation.
Commissioners confirmed that affected adjacent property owners (letters of support were filed for the Indian Hill petition) and that no utilities were reported within the vacated strips. Both vacations were approved on voice votes; staff will record the vacating instruments and update property records according to county procedures.
