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Tuesday, IGa rch 24th . , I93I,
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<br />Fifty -One- (5I) in said "es t End Subdivision; thence northwesterly along the northerly
<br />line of Merry Avenue, rein_. also the southerly line of Lots Numbered. Fifty -One (5I),
<br />Fifty (50) , For ty-nine (4U and Forty-eight (48) in said West End Subdivision to a
<br />public alley; thence north along the east line of said public alley to a point sixty-
<br />six (66) f eet distant nor the rly from, by re ctangule r measurement, the southerly line
<br />of Merry Avenue; thence northwesterly on a line parallel to, and sixty-six (66) Feet
<br />dis taut northerly from, by rectangular measurement, the southerly line of Merry Avenue
<br />to the east line of Lot Forty-seven (47) in said West End Subdivision; thence south
<br />along the east line of said Lot Forty -`seven (47) to the northerly line of Merry Avenue;
<br />thence northwesterly along the northerly line of Merry Avenue.; bein . also the southerly
<br />line of Lots Numbered Forty-seven (47), Forty-six (46), Forty-five45) and Forty-four
<br />(44). in said West End Subdivision to the east line of Ikead e Street, produced south;
<br />thence southerly along -die east line of Meade Street produced to the southerly line of
<br />Merry Avenue; thence s outh eas terly along the s outherly 1 ine of Merry Avenue to the west
<br />line of Olive Street , produced south; thence north along the west line of Olive Street
<br />produced to the place of beginning, and
<br />All that part of 11'erry Avenue and all that pert of all intersecting streets and alleys
<br />lying south of a line parallel to and sixty-six (66) feet distant nor the rly from, by
<br />rectangular mom. surement , the southerly line of Merry Avenue and lying between the west
<br />line of Mende Street and the west line of Ke ley Street , more particularly described as
<br />follows:
<br />Beg inning at a point on the west line of Meade Street produced south, said point being
<br />sixty-six (66) feet distant northerly frcm, by rectanular measurement, the southerly
<br />line of Merry Av enue ; thence northwesterly along a line. parallel to, and sixty-six (66)
<br />feet distant norrth erly from, by rectanp- lar mea surement , the southerly line of Iderry
<br />Avenue to the north li#e of Orange Street; then e west along the northc line of Orange
<br />Street to the northerly line of Merry Avenue; th en ce northwesterly along the northerly jl
<br />line of Merry Avenue to the east line of Kaley Street; thence north along the east line
<br />of Kaley Street to a point sixty-six (66) feet north of the southerly line of Merry
<br />Avenue by rectangular measurement; thence northwesterly along a line parallel to, and I!
<br />sixty-six (66) f eet di stant north erly from, by ze ctangular measurement , the s outherly
<br />line of Merry Avenue to a point on the we st 1 ine of Ka ley Street ; thenc e s oath al ong
<br />the me st line of Daley Street to the southerly line of Merry Avenue; thence southeast- 11
<br />erly along the southerly line of Merry Avenue to the west line of njeade Street pmduced;l
<br />thence north along the west line of Meade Street produced to the place of beginning. j
<br />Excepting flnr this vacation the sewer now constructed on above described premises,
<br />reserving tbethe City of South Bend, Indiana,, the right to operate and maintain or re-
<br />place the said sewer and sewage system as though this street had never been vadated; and
<br />reserving also to all abutting property owners the p ze sent and future right in peril-.-..
<br />to connect to and use, for any sewage or drainage purpose whatsoever, the present sewer
<br />and sewage d i spos al system now ins to Iled be ne ath the su rfa ee or said a bone described
<br />property and/or any sewer or sewage system that may replace the same, and
<br />V=EAS, sa id Board of Public forks of the City of South Bend did in said
<br />re so lution f ix the 24th. , d ay of March I93I 1 a t I0 :00 0' cl ock A. M. , as the date a t
<br />which said Board of Public �Iorks will receive and hear remonstrances from persons inter
<br />ested in or affected by said proposed vacation and would take final action thereon; and
<br />tFSREAS, said Bo 5-rd of Public �lorks of the City of South Bend , Indiana, did
<br />give notice of such resolution and of the time when said Borrd of Public Works wculd
<br />receive and hear said remonstrances,_ by publication of said notice once each week for
<br />two consecutive weeks in the South Band Tribune and. South Bend News "limes, two daily
<br />newspapers of general circulation published in the English language in the City of So*ht
<br />Bend Indian^., the date of said publication being on the 6th., day of March 1931, and o
<br />the .13th. , da.y of March I93I; and
<br />tail?T+'R?�AS, pursuant to said notice, this Board of Public Works of the City of
<br />Sout h amend, Indiana, did meet on the 24tr. , day of Larch 1931, at IO o'clock A. M. of
<br />said cry for.the purpose of receiving, hearing and considering remonstrances from all
<br />persons interested in or affected by the proposed vacation of the above described parts
<br />of said public streets and alleys and to take final action confirming, modifying or
<br />rescinding the original resolution for said proposed vacation adopted by said Board of
<br />Public Works on the 3rd.. , day of March I93I; and
<br />WHEREAS, no mmonstrance s have been ma d� or filed with or presented to the
<br />!' Board against said proposed vacation the Board now proceeds to hear the same and being
<br />fully advised in the premises and having fully considered the matter of said vacation,
<br />said Board nav takes final action on said resolution confizming,r-db-herein mod ifiedpall
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<br />former action taken on same:
<br />• N01V T JEREFORE, BE IT RESOLVED by the Board of Public ' orks of the City of
<br />South bend, Indiana, that said Board now in all respects confirms its said original
<br />resolution, as herein modified, adopted on the 3rd. , day of March I93I, vacating the
<br />parts of said public streets and alleys hereinabove described and orders H. G. Wray,
<br />C it y Engineer , to prepare a list o r roll of all owners or holders of property and of
<br />it interests- therein to be beneficially or injuriously affected by said vacation, which.
<br />list or roll shall show with reasonable certainty, in ad di ti on to the names of the hold-
<br />ers of said property or i nt erest the rein, the description of each piece of property
<br />belonging to each person to be affected either beneficially or injuriously, which roll
<br />shall be filed with the Board of Public Works of the City of South Bend, Indiana,.and
<br />• BE IT FUR THE R RESOL'VED the upon the completion of such list, said Board
<br />shall proceed to award the damages sustained and to assess the benefits accruing to eacl
<br />piece of pxvp erty on said. list; and
<br />it BE IT FURTHER RESOLVED that upon the completion of said assessments or awa3
<br />I� this Board sba.11 c au se a written notice to be served upon the owner of each piece of-
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