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Commissioners approve vacation of portion of Eureka Drive to clear encroachment
Summary
Williams County commissioners approved a petition to vacate a small end segment of Eureka Drive so an estate can resolve a house encroachment and allow sale. The vacation was conditional on executed agreements and the townshiptrustees' prior approval.
Williams County commissioners voted to vacate a limited portion of Eureka Drive at the request of a property owner seeking to clear a survey-identified encroachment and allow the sale of a deceased relative's house.
A petitioner told the board that a portion of his late father's home overlapped the recorded right-of-way and that lenders declined loans until the title issue was resolved. Township trustees in Northwest Township had already approved a resolution recommending vacation of the dead-end segment; the petitioner presented a signed street-vacation agreement showing that the adjacent property ownerand the executor of the decedent's estate agreed the vacated portion would convey to the estate.
The board moved and approved the vacation by roll call. Commissioner Westfall voted yes; Commissioner Lieber voted yes; Commissioner Revel voted yes. The motion carried.
County staff and the petitioner told the commissioners the vacation affects only the end of Eureka Drive, involves two properties, and will not restrict access for the neighboring house. Surveyor Tom Henry prepared the plan that defined "minimum necessary" acreage to eliminate the encroachment; the petitioner said the adjacent landowner's executor, William Woodharter Jr., signed the agreement to transfer the vacated strip to the estate.
The board instructed staff to complete the resolution and conveyance paperwork. County engineering staff and the township had reviewed the request; commissioners noted Todd (county staff/engineer) had been consulted and that the vacation was contingent on the executed agreement and the survey documentation already submitted.
The vacation clears the encroachment so the estate can proceed with closing and sale; commissioners approved the resolution at the meeting and the clerk prepared the recorded resolution following the vote.
