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Tuesday, 1pril 3rd., ,1928, <br />39 <br />s <br />• <br />• <br />• <br />• <br />!' line of Angell. Avenue taken ofi' of and from the Sough side of Section Thirtyeix <br />(36) T�oltmship rlhirty- eight (38) North range Two (2) mast, described as follows: <br />Beginning at a oint where the south line of Section Thirty -Six (36) intersects the <br />i center line of ix e Highway (Leeper Road), thence East along the south l ne'of <br />said section (which is also the present north line of Angella Avenue) a distance of <br />Thirteen Hundred Eleven and thirty-five bundned:the (1311.35) feet to the last line <br />of Harter Heights Addition to the City of South Bend, Indianan thence -North Forty- <br />jI five (45) feet to a point Forty- five (45) feet North of the 4-outh line of said <br />! Section Thirty -Six (36); thence West parallel with and Forty -file (45) feet North <br />of the South line of said: sectionThirty-six (36 a distance of hirteen Hundred Eleven <br />and thirty- five hundredths (1311.35) fee �t to the center line of Dixie Highway <br />(Leeper Avenue) thence south Forty-five (45) feet to the place of beginning: that <br />said pro osed new highway shall thence extend eastward from the east line of Hester <br />! Heights Iddition over the following described land; <br />A strip of land Eighty (80) feet in width, Forty (40) feet on east side of the <br />following described center line: Begt;niing on the North and mouth center line of <br />Section shirty -Six (36), Township Thirt�,-eight (38) North -Range Iwo (2) East, <br />Ot. Coseph County, Indiana, at a point ive (5) feet north of the south one -quarter <br />0) corner of said Section, which point -is in line with the East li e of Harter Heights <br />Addition to the City of South Bend, Indiana, and also the Point of 4uriae of the <br />following described center line of said Angella Avenue; thence to the Right with <br />a curve of Thirteen (I3) degrees Fifty-six (56) minutes and Twenty-nine (29) seconds <br />a distance of Four Hundred Ninety and sixty-tvio hundredths (490.62) feet, measured <br />along said curve with One Hundred (I00) feet chords to the point of tangent of said <br />curve, said above curve laving a tangent distance of Two Hundred Eighty (280) feet; <br />thence to the Left with a curiae of Fifteen (I5) Legrees and Twenty-two minutes a <br />distance of Four Hundred Forty-five and thirty-five hundredths (445.35) feet measured <br />along said curve with One Hundred (200) foot chords to the point of tangent of said <br />curve, said above curve having a tangent distance of Two Hundred fifty-four and <br />thirty-four hundredths (254.34) feet; thence East along the center line of proposed <br />Angella Avenue, a distance of One Thousand -eventy seven and fifty-nine hundredths <br />.tTO77.59) feet to the west line of Notre Dame �Avenue, all in Section One ( I ) , <br />ewnship Thirj,y Seven (37) North Range Tvvo (2) East and -z"ecti on Thirty- Six (36 ) <br />Township Thirty-eight (38) North --ange ±Tio (2) East,Wit. Joseph County, Indiana; <br />We further find that the width of said highway as above laid out is Eighty (80) <br />feet, and that said proposed new highway would be a public utility. <br />We further report that said highway as laid out by its runs through the <br />enclosure &nd .lands of the Unit•ersi ty of Notre ')ame Du Lac of more than one year T s <br />standing, but that said University of Notre Dame Du Lac has given its consent to the <br />taking and appropriation of said lands as such proposed highway without the payment <br />of any money or damages to it; and in fact has agreed to donate said land and dedicate <br />same for highway purposes, all as in the petitions herei# set forth and provided; ._and. <br />therefore we find that no damages should be paid to the said University of Notre Dame <br />Du Lac for the land herein described belonging to it thus taken for said proposed new <br />highway. <br />We further find that the University of Notre Dame Du Lac) has agreed to pay, at <br />its own cost and expense as set forth in their petition, one lialit of the cost of <br />paving a thirty (30) foot roadway over said highway upon that section thereof that <br />lies between the Dixie Highway. (Leeper Road) and the eastern line of Harter Heights <br />Addition to the City of South Bend, Indiana; and that said University of Notre Dame <br />Du Lac has agreed to pave the entire thirty (30) feet to said proposed new highway <br />that lies east of the east line of Harter Heights Addition and that runs therefrom to t <br />the western line of Notre Dame Avenue in said City, all on condition that the Doore <br />Road, herein after described be vacated and closed. <br />We further find that upon examination a p good way cannot otherwise be had than <br />over the land and according to the described route as hereinabove laid out and marked, <br />without departing essentially from the route petitioned for; and we, your viewers, <br />further report that we proceeded to view and di iaiew said establised highway asked to b <br />vacated, which said highway is described as Follows: <br />Beginning on the east line of Dixie Highway (Leeper Avenue) extended and the <br />south line of Doore ''oad, vrhich point isventy-one Hundred Five and sixty-eight <br />hundredths (2I05.2) feet North of the south line of bection Thirty-six Township Thirty <br />eight (38) North anje 10wo (2) Last; thence Est along the south 1-ne of said Doore <br />Road, a distance of hree Thousand 'fight and ten hundredths (3008,10) feet to. the west <br />line of Notre Dame Avenue (the intersection of said south line of Doore Road and the <br />west line of Notre Dame Avenue, being a distance of Twenty-two Hundred sixty and nine*y <br />hundredths (2260.90) feet north of the south line of'Said 6ection Thirty-six measured <br />along the center line of Notre Dame Avenue; thence North 6ixty (60) feet to the north <br />line of Doore Road, thence Test along the North line of said Doore Road a distance <br />of Three Thousand Eight and ten hundredths (3008.10) eet to the east line of Dire <br />Highway (Leeper Avenue) extended; thence south sixty O) feet to theplace of beginning, <br />All in section thirty-six twonship thirty-eight North range Two Fast in St. Jose <br />County, Indiana; <br />and. we .find the said highway is no longer a public utility; that the public would not <br />be injured by its vacation; and -ue recommend that -the same be vacated, when the new ro <br />is completed to the satisfaction of the Board of Commissioners of St. Joseph County, <br />Indiana. <br />