STATE OF INDIANA BEFORE THE SILVER LAKE
KOSCIUSKO COUNTY SS: TOWN COUNCIL
IN RE: THE PETITION OF
STEPHEN R. ROCKWELL
PETITION TO VACATE PUBLIC WAY
IN JACOB HOMMAN’S ADDITION TO SILVER LAKE
The undersigned Petitioner is the owner of real estate in the Town of Silver Lake, Kosciusko County, Indiana, and by reason of that ownership interest is entitled to bring this Petition with regard to a portion of adjacent public way all as follows:
1. The undersigned Petitioner is the owner of the following property:
Lots Numbered Eleven (11) and Twelve (12) in Jacob Homman’s Addition to the Town of Silver Lake, as per plat thereof recorded in the Office of the Recorder of Kosciusko County, Indiana, and commonly known as 305 N. High Street, Silver Lake, Indiana 46982.
Subject to all easements, visible and recorded, as well as all restrictions, assessments and limitations of record, all applicable zoning ordinances and all legal streets and highways.
2. The following described public way adjacent to the real estate of the Petitioner should be vacated. The right-of-way to be vacated is described as follows:
That part of North Street lying North of Lot Number 11 in Jacob Homman’s Addition to Silver Lake, being located in the Southwest Quarter of Section 5, Township 30 North, Range 6 East, Kosciusko County, Indiana (this description prepared as part of survey SP-118 completed by Walker & Associates, dated July 7, 2026), being more particularly described as follows, to wit:
Part of North Street lying North of Lot Number 11 in Jacob Homman’s Addition to Silver Lake, as recorded in Plat Book 2, page 194 in the records of Kosciusko County, Indiana, being located in the Southwest Quarter of Section 5, Township 30 North, Range 6 East, Kosciusko County, Indiana (This description prepared by Ryan D. Peppler, LS22300014, as part of original survey SP-118 “Tract II” completed by J.K. Walker & Associates, P.C., dated July 7, 2026), being more particularly described as follows, to wit:
BEGINNING at an iron pin found at the Northeast corner of said Lot Number 11; thence S89˚-45’-03”W (GPS Grid bearing and used as the basis of bearings for this description), on and along the North line of said Lot Number 11, a distance of 132.00 feet to an iron pin found at the Northwest corner of said Lot Number 11; thence N03˚-10’-27”W, a distance of 22.40 feet to a 5/8-inch iron pin capped “Walker”; thence N86˚-24’-29”E, a distance of 131.83 feet to a 5/8-inch iron pin capped “Walker”; thence S03˚-10’-08”E, a distance of 30.10 feet to the point of beginning, containing 0.08 acres of land, more or less, subject to all legal right-of-way, subject to all legal drain easements and all other easements of record.
3. The owners of the property abutting the public way are as follows:
• Steven and Angela Ridenour, 308 N. Jefferson St., Silver Lake, IN 46982;
• Patricia Keith, 402 N. Jefferson St., Silver Lake, IN 46982;
• Keith Harris, 310 N. High St., Lot 5, Silver Lake, IN 46982;
• Travis Bays, 308 N. High St., Silver Lake, IN 46982.
Except for the Petitioner, the notices were served by Certified Mail.
4. The area proposed to be vacated and described in paragraph 2, above, lies North of Petitioner’s platted Lot Number 11, outside the boundary of Petitioner’s platted lot, and has been used and maintained by the Petitioner as a part of his front yard and lawn.
5. The improved, traveled portion of North Street will remain open and dedicated as a public street; only that portion of the platted right-of-way lying North of Lot Number 11, outside the traveled roadway, is sought to be vacated. Petitioner’s new boundary line will be established far enough South of North Street to leave a ten (10) foot right-of-way along the South side of North Street.
6. To the knowledge of Petitioner, the area sought to be vacated may be subject to utility easements. To the extent that any utility easement exists within the area to be vacated, Indiana law requires that any such easement remain in full force and effect, even if the vacation is granted.
7. The area sought to be vacated is not necessary to the growth of any municipality; is not necessary for any person to have access to such person’s lands; will not eliminate the public’s access to a church, school or other public building or place; and will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. No property will be landlocked by the vacation, as the improved and traveled portion of North Street will remain open as a public street.
8. The area sought to be vacated has not been regularly used by the public for any purpose and has been utilized by the Petitioner as a part of his front yard and lawn. THEREFORE, Petitioner respectfully requests the Town Council of Silver Lake, Indiana, schedule a proper hearing, conduct a hearing and approve this Petition, and introduce and pass an ordinance providing for the vacation of the area sought to be vacated, and for all other relief proper in the premises and consistent with this Petition.
Dated: September 8, 2026.
VERIFICATION
The undersigned affirms, under the penalties for perjury, that the above and foregoing representations are true to the best of my knowledge and belief this 11th day of September, 2026.
Stephen R. Rockwell