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Commission approves vacation of plat to correct misrecorded roadway; adjoining owners to regain property
Summary
The Plan Commission voted 6-0 to approve petitioner Webb Hyundai’s request to vacate a portion of a recorded plat that had incorrectly included an easement/roadway; the affected parcel will be returned to adjoining owners Lorraine and Nathaniel Jones and staff will record a corrected plat.
The Town of Maryville Plan Commission on Feb. 18 approved, by a 6-0 roll‑call vote, a petitioner request to vacate a portion of Lot 1 in the Webb Hyundai Maryville subdivision and to record a corrected plat.
Attorney Jim Weezer represented Webb Hyundai and explained the request as a correction of an ambiguous legal description in the recorded 2022 plat. Weezer said a portion of an unbuilt roadway — about 158 by 30 feet, as discussed in the hearing — was included on the recorded plat in error and that vacating the segment will return that strip to the adjoining property owners. “When it is vacated by Indiana law, it will go back to the property owner and it will be their property henceforth,” Weezer said.
Lorraine Jones and Nathaniel Jones, who said they are the affected adjoining owners, confirmed they consider the plat correction satisfactory. Lorraine Jones also asked the petitioner’s counsel about a drainage pond and whether a fence could be installed to prevent residents from wandering toward the pond; staff and counsel said property‑specific maintenance and fencing would be up to the property owner and the parcel’s private maintenance arrangements.
Sheila Shine, the town’s building and planning director, provided a staff report noting the petitioner requested the vacation because “a portion of Vacated Eightieth Avenue was included that should not have been” in the recorded subdivision documents (document recorded June 9, 2022). Planning and petitioner counsel said the corrected plat and a deed instrument will be prepared and submitted to the planning department for recording and will later be routed to the county recorder as part of the recording process.
The commission voted to accept case PP1VPA1‑0225; the motion was moved and seconded on the floor and passed with six ayes. The question and record reflect that the matter will also proceed to the Town Council for final action as required by local procedure.
What happens next: petitioner and counsel will prepare a corrected plat and deed instrument and coordinate with the planning department and county recorder; the corrected plat will be signed as required and then presented to the Town Council for final approval.
