07/18/88 Board of Public Works Minutes

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NU REGULAR MEETING JULY 18, 1988 inequitable to allow the Petitioner to receive the benefits of the continuing City services while not being inside the City. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following Findings of Fact were approved: STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) BEFORE THE BOARD OF PUBLIC WORKS ) OF THE CITY OF SOUTH BEND, INDIANA ) ROBERT J. BERTA, PETITIONER ) FINDINGS OF FACT Petitioner Robert J. Berta, having filed on March 2, 1988, a Petition for Disannexation of Real Property located within the corporate boundaries of South Bend, Indiana, and the same coming on for hearing on the 5th day of July, 1988, the Board now makes the following findings of fact: 1. That at all pertinent times Robert J. Berta was the owner of certain real estate described as follows: The East Half (1/2) of the Northeast Quarter (1/4) of Section 27, Township Thirty-seven (37) North, Range 2 East, EXCEPTION THERE- FROM A part of the East One -Half of the Northeast One Quarter of Section 27, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southeast Corner of the North- east One Quarter of said Section 27, thence thence North 89 degrees, 49' 52" West (an assumed bearing) 430.00 feet along the South line of the Northeast One Quarter of said Section 27, said line also being the center- line of Ireland Road; thence North 00 degrees degrees 10' 08" East, 63.60 feet to the North Right -of -Way line of State Highway Project U-720 (14) Parcel 14A as described in Deed Record Book 685 Page 637, and being the place of beginning of this description; thence continuing North 00 degrees, 10' 08" East, 385.00 feet; thence North 89 degrees, 49' 52" West 200.0 feet; thence South 00 degrees 10' 08" West 385 feet to the North line of said State Highway Right -of -Way; thence South 89 degrees, 49' 52" East, along said Right -of -Way, 200.00 feet to the place of beginning and containing 1.77 acres. 2. That said real estate was not platted and that said real estate is greater than one acre in area. 3. That said real estate has been within the limits of the City of South Bend since 1976. 1986. 4. That Petitioner acquired the real estate in question in 5. That the City of South Bend owns all of Gertrude Street, which lies immediately to the east of the real estate in question.