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REGULAR MEETING
<br />JULY 5, 1988
<br />said line also being the centerline of Ireland Road;
<br />thence North 00 degree 10' 08" East, 63.60 feet to
<br />the North Right -of -Way line of State Highway Project
<br />U-720 (14) Parcel 14A as described in Deed Record
<br />Book 685 Page 637, and being the place of beginning
<br />of this description; thence continuing North 00
<br />degrees, 10' 08" East, 385.00 feet; thence North
<br />89 degrees, 49' 52" West 200.0 feet; thence South
<br />00 degrees, 10' 08" West 385 feet to the North line
<br />of said State Highway Right -of -Way; thence South 89
<br />degrees, 49' 52" East, along said Right -of -Way,
<br />200.00 feet to the place of beginning and contain-
<br />ing 1.77 acres,
<br />2. That neither the Territory nor the Real Estate owned by
<br />the Petitioner is platted.
<br />3. That neither the Territory nor the Real Estate owned by
<br />the Petitioner is less than One (1) acre.
<br />4. That the Territory forms part of the corporate boundary
<br />of the City of South Bend, St. Joseph County, Indiana.
<br />5. That the Real Estate owned by the Petitioner forms part
<br />of the corporate boundary of the City of South Bend, St. Joseph
<br />County, Indiana.
<br />6. That notice of this Petition is being given contem-
<br />poraneously herewith in accordance with I.C. 5-3-1-1 et. seq.
<br />and by mailing notice, Certified Mail Return Receipt Requested,
<br />to all contiguous property owners located within the City of
<br />South Bend.
<br />WHEREFORE, Robert J. Berta, the Petitioner herein, requests
<br />the Board of Public Works of the City of South Bend to conduct
<br />such public hearing as is required by statute, at said Hearing to
<br />enter a finding for the disannexation of the Territory described
<br />herein, and for all other relief just and proper in the premises.
<br />Executed at South Bend, Indiana, this 3rd day of March,
<br />1988.
<br />s/Robert J. Berta
<br />Attorney for the Petitioner
<br />James P. Knepp
<br />HAHN, WALZ AND KNEPP
<br />509 West Washington Avenue
<br />South Bend, IN 46601
<br />(219) 234-2118/232-5988
<br />Mr. James P. Knepp, Hahn, Walz and Knepp, Attorneys at Law, 509
<br />W. Washington Avenue, South Bend, Indiana, was present and
<br />addressed the Board. Mr. Knepp advised that Mr. Robert J. Berta,
<br />Petitioner, and Mr. Grama K. Bhagavan, Valley Engineering
<br />Consultants, Inc., 52303 Emmons Road, Suite 8, South Bend,
<br />Indiana, were also present to address the Board concerning the
<br />Petition for Disannexation as submitted.
<br />Mr. Knepp utilized an aerial photograph to indicate to the Board
<br />the proposed area to be disannexed. He advised that the parcel
<br />of property consists of seventy-six (76) acres bounded by Linden,
<br />Ireland and Chippewa. He stated that annexation proceedings for
<br />this property were initiated in 1969 but due to remonstrances the
<br />annexation was not completed until 1976. The property, when
<br />annexed, was zoned Al residential. Mr. Knepp stated that the
<br />reasonable and responsible use for this property is agriculture
<br />or residential. He informed the Board that the land was tried
<br />for agricultural purposes but was not successful. Also, 225,000
<br />F_1
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