NOTICE OF PUBLIC HEARING FOR POSSIBLE SALE OF SURPLUS COUNTY OWNED REAL ESTATE TO: Citizens of Elkhart County, Indiana and All Other Interested Parties Notice is hereby given that the Elkhart County Commissioners will conduct a public hearing at 9:00 a.m. (or as soon thereafter as their business schedule will allow) on Monday, June 20, 2016 at Room 104 of the County Administration Building, 117 North Second Street, Goshen, Indiana, to consider the sale or disposition of the following described tracts of surplus real estate owned by Elkhart County Government ("Tracts"). Notice is also herewith given that the Elkhart County Commissioners anticipate using an auction format under Indiana Code Section 36-1-11-1 et seq. for the sale and/or disposition of the Tracts IF the Elkhart County Commissioners approve the sale of the Tracts as surplus property at the public hearing set for June 20, 2016 at 9:00 a.m. This Notice, to include the reference to the possibility of using the auction format, is given pursuant to the provisions of Indiana Code Section 36-1-11-1 et seq. and 5-3-1-1 et seq. Subject to the public hearing, all Tracts herein described have been determined to be surplus real estate by the Elkhart County Commissioners and/or the Elkhart County Highway Department, as all such Tracts are surplus or additional real estate acquired as part of public works projects and County road projects at times past; likewise, the possible sale of all such Tracts has heretofore been approved or will be approved by the Elkhart County Council, as the fiscal body of County Government, before any sale endeavors would truly be undertaken, by auction format or otherwise. The purpose of the scheduled public hearing relative to the Tracts is to receive public input on the propriety, benefits, and/or negatives of selling the hereinafter described Tracts. No formal, legal decision to sell the same has been made to date by the Elkhart County Commissioners, though the Elkhart County Commissioners have determined the Tracts, subject to the public hearing, to be surplus. Interested persons will be allowed to speak and present evidence and materials at the public hearing set for June 20, 2016 at 9:00 a.m. At the conclusion of the public hearing relative to the possible sale of the surplus Tracts, the Elkhart County Commissioners may continue the hearing to a subsequent date; may determine not to sell one or more of the Tracts; may determine to sell one or more of the Tracts; and may determine to proceed with an auction sale of the Tracts, as permitted by Indiana Code Section 36-1-11-1 et seq. Bids and/or proposals for any or all of the Tracts will not be received at the public hearing on June 20, 2016 at 9:00 a.m. However, persons expressing an interest in the Tracts will be added to a list of parties to receive direct notice of any auction sale of the Tracts that are approved for sale by the Commissioners on or after June 20, 2016. Though details have yet to be finalized, it is contemplated that Hahn Auctioneers, Inc. of Nappanee, Indiana will be engaged to conduct an auction for all Tracts approved for sale by the Commissioners. The auction will occur on July 12, 2016 at 6:00 p.m. Though yet to be finalized, it is contemplated that the auction site will be at 21968 County Road 38, Goshen, Indiana 46526, at the facility of the Elkhart County Highway Department situated thereat (basically at the southeast corner of the intersection of County Road 17 and County Road 38). Conventional auction notices, sale bills, and procedures will be followed, consistent with terms and conditions established by the Commissioners with Hahn Auctioneers, Inc. and made available to the general public as part of the process. More details as to the auction format may be known and announced at the public hearing on June 20, 2016 before the Elkhart County Commissioners. The Tracts the subject of the public hearing as to the possible sale thereof set for June 20, 2016 at 9:00 a.m. are described as follows: SALE TRACT NO. 1: Tax code number: 20-10-12-477-002.000-016; generally situated between the old County Road 17 and the new County Road 17 north of County Road 32, in Harrison Township, with a generic County Road 17, Goshen, Indiana 46526 address. Real estate situate in Elkhart County, State of Indiana, to-wit: A part of the Southeast Quarter of Section 12, Township 36 North, Range 5 East, 2nd Principal Meridian, Elkhart County, Indiana; being part of a tract of land conveyed to Dean R. Gorsuch as described in Document Number 98-039062 and being all of a tract of land conveyed to Richard J. Gorsuch, Dean R. Gorsuch and Mary Louise Henelt as tenants in common, each the owner of an undivided one-third (1/3) interest, as described in Document Number 91-014878 in the Office of the Elkhart County Recorder, and being more particularly described as follows: (The basis of bearing of this description is the right-of-way description for County Road 17, Phase II as described in Document Number 2007-23983 in the Office of the Elkhart County Recorder; All documents hereinafter referred to are recorded in the Office of the Elkhart County Recorder.) Commencing at a Harrison Monument in the approximate centerline of County Road 17, said monument marking the northeast corner of the Southeast Quarter of said Section 12; thence South 00 degrees 40 minutes 16 seconds East along the east line of the Southeast Quarter of said Section 12 a distance of 450.00 feet to the southeast corner of a tract of land conveyed to John N. and Katherine B. Cunningham as described in Document Number 89-013376, and being the place of beginning of this description; thence continuing South 00 degrees 40 minutes 16 East along the east line of the Southeast Quarter of said Section 12 a distance of 50.00 feet to the northeast corner of a tract of land conveyed to Daniel E. and Carol A. Beard as described in Deed Record Book 344 Page 745; thence South 88 degrees 51 minutes 44 seconds West along the north line of said Beard tract a distance of 220.00 feet to the northwest corner of said Beard tract; thence South 00 degrees 40 minutes 16 seconds East along the west line of said Beard tract and along the west line of a tract of land conveyed to Jimmy C. and Wanda L. Lambdin as described in Document Number 93-031303 and along the west line of a tract of land conveyed to Scott Chrispyn as described in Document Number 2006-31077 and said west line extended, a distance of 453.30 feet to the centerline of Leedy Ditch, a legal drain as documented in the Office of the Elkhart County Surveyor; thence South 62 degrees 39 minutes 36 seconds West along the centerline of said Leedy Ditch a distance of 130.00 feet; thence North 27 degrees 20 minutes 24 seconds West perpendicular to the centerline of said Leedy Ditch a distance of 30.00 feet; thence North 01 degrees 02 minutes 25 seconds West, a distance of 166.00 feet; thence South 88 degrees 57 minutes 35 seconds West a distance of 477.00 feet; thence North 01 degrees 02 minutes 25 seconds West a distance of 100.00 feet; thence South 88 degrees 57 minutes 35 seconds West a distance of 343.95 feet to a point on the east right-of-way line of County Road 17, Phase II as described in Document Number 2007-23983, Exhibit A, said point being located at Station 627+25.66, 116.29 feet right as per INDOT location control route survey plat for County Road 17, Phase II Document Number 2004-34867; thence North 12 degrees 26 minutes 50 seconds West along the east right-of-way line of said County Road 17, Phase II a distance of 374.71 feet to point "735" as designated in Document Number 2007-23983, Exhibit 'B', said point being located at Station 631+00.00, 100.00 feet right as per said INDOT plat; thence North 09 degrees 57 minutes 19 seconds West along the east right-of-way line of said County Road 17, Phase II a distance of 64.33 feet to point "734", said point being located at Station 631+64.33, 100.00 feet right as per said INDOT plat; thence northerly along a tangent curve to the right having a radius of 7550.00 feet (chord bearing North 08 degrees 47 minutes 06 seconds West, distance 308.44 feet) an arc distance of 308.46 feet (307.56 feet, record distance as shown in Document Number 2007-23983, Exhibit 'A') to the north line of the Southeast Quarter of said Section 12; thence North 89 degrees 45 minutes 41 seconds East along the north line of the Southeast Quarter of said Section 12 a distance of 1082.69 feet to a point lying North 89 degrees 45 minutes 41 seconds West 220.00 feet from the Northeast corner of the Southeast Quarter of said Section 12 and being the northwest corner of a tract of land conveyed to Lawrence Arden Jr. and Victoria L. Boyer as described in Document Number 99-28711; thence South 00 degrees 40 minutes 16 seconds East along the west line of said Boyer tract and the west line of a tract of land conveyed to Buford or Arbutus F. Kincaid (or successors as trustees of the Kincaid Family Living Trust) as described in Document Number 2002-13317 and the west line of said Cunningham tract a distance of 453.35 feet to the southwest corner of said Cunningham tract; thence North 88 degrees 51 minutes 44 seconds East along the south line of said Cunningham tract a distance of 220.00 feet to the place of beginning of this description. Said description containing 19.27 acres, more or less, and subject to an easement for Leedy Ditch, said easement being 75 feet perpendicular and equidistant from the northerly top of bank as prescribed by Indiana Drainage Code and lying under the jurisdiction of the Elkhart County Drainage Board. Said easement to be used as prescribed by Indiana Drainage Code for maintenance of Leedy Ditch. NO ACCESS TO NEW C.R. 17 to the west is permitted. SALE TRACT NO. 2: Tax code number: (no precise tax code number is currently at hand -- the parcel herein described is currently considered part of the surplus real estate acquired as County Road 40 was reconfigured and relocated. Said real estate would be commonly known as a general County Road 40, Goshen, Indiana 46526 address. It is generally situated to the west of the Waterford area, and west of the Elkhart River, in Elkhart Township, Elkhart County, Indiana). Real estate situate in Elkhart County, State of Indiana, to-wit: A part of the Southwest Quarter of Section 29, Township 36 North, Range 6 East, Elkhart Township, Elkhart County, Indiana, being more particularly described as follows: Commencing at the southwest corner of said Quarter Section; thence south 8935'38" east along the south line of said Quarter Section, 1315.20 feet; thence north 0008'22" east, 71.01 feet to the point of beginning; thence north 0008'22" east, 339.57 feet; thence north 8500'45" east, 792.04 feet; thence south 5931'52" west, 162.12 feet; thence south 5633'16" west, 325.00 feet; thence south 6233'38" west, 197.05 feet; thence south 7434'40" west, 211.69 feet to the point of beginning, said described parcel containing 3.59 acres, more or less, and subject to any easements, covenants, and rights-of-way of record. Access to NEW C.R. 40 may be allowed subject to proper curb cut and access standards. OLD C.R. to the north MAY be eligible for vacation in conjunction with adjoining property owners. SALE TRACT NO. 3: Tax code number: 20-03-18-401-005.000-030; commonly known as County Road 4, Bristol, Indiana 46507, situated in Washington Township, Elkhart County, Indiana. Real estate situate in Elkhart County, State of Indiana, to-wit: A part of the North One-half (N ) of the South One-half (S ) of Section 18, Township 38 North, Range 6 East, Washington Township, Elkhart County, Indiana, more particularly described as follows: Commencing at a survey stake marking the Southeast corner of the North One-half (N ) of the Northwest Quarter (NW ) of said Section 18; thence South 8854'16" East along the South line of the North One-half (N ) of the Southwest Quarter (SW ) of said Section 18 a distance of 93.09 feet to the place of beginning of this description; thence continuing South 8854'16" East along the South line of the North One-half (N ) of the Southwest Quarter (SW ) of said Section 18 a distance of 884.50 feet to a point, being the Southeast corner of property acquired by Grantor herein by Instrument Number 96-002112, as recorded in the office of the Recorder of Elkhart County, Indiana; thence North 0019'56" East 1184.86 to a point, said point being 154.82 feet South 0019'56" West from the Northeast corner of the property acquired by Grantor by such recorded instrument aforedescribed; thence Southwesterly along the Eastern boundary of the 150 feet wide strip described as Tract #1 above to the point of beginning. Containing 7.7 acres, more or less. Subject to all easements, restrictions, and rights-of-way of record. Subject specifically to Grant of Permanent Right-of-Way and No Access Easement in favor of the Board of Commissioners of the County of Elkhart, Indiana recorded as Instrument No. 2002-32723, Office of the Recorder of Elkhart County, Indiana. All legal descriptions, restrictions, tax parcel numbers, and other arrangements or limitations pertaining to any of the Tracts set forth above shall be subject to further confirmation and documentation at the discretion of the Elkhart County Commissioners, established at the public hearing on June 20, 2016, prior to such hearing, or as part of the auction process herein referenced, and any notices associated therewith. Additionally, there are certain restrictions on access to public roads, no access arrangements, or other standards or criteria that exist now or will be developed for the protection of public rights-of-way of Elkhart County as part of the planned auction process. Terry Rodino, President, Board of Commissioners of the County of Elkhart, Indiana June 9 hspaxlp
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