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2006-02
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2006-02
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South Bend HPC
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Minutes
BOLT Control Number
1001361
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f X_ <br />Court issued its Final Order and Judgment in which it finally approved the Agreement and held that <br />it was fair, reasonable and adequate pursuant to Ind. T.R. 23 (E), <br />hi accordance with the terns of the Agreement, the Court issues this'Declaratory Judgment. <br />-0ri this day of 2005, it is hereby ORDERED, ADJUDGED AND <br />DECREED that: <br />1. With respect to• alaims title asserted by Conrail and its past or present officers, <br />directors, agents, servants, attorneys, employees, predecessors -in interest, successors, shareholders., <br />subsidiaries; parents, affiliates, and assigns the abandoned railroad corridor'property formerly <br />operated by Conrail which is located in St.. Joseph County and which is further identified in Exhibit <br />A, this Court declares that Conrail has disclaimed all right, title, and interest in such corridor which <br />'it may have as of October 8' 2004, the effective date of.the Settlement Agreement, including its <br />rights to any structures, ballast or tracks thereon. - <br />2.' Insofar as title to the Settlement Corridors or to portions thereof in which Conrail <br />held fee title has not passed to other persons or entities prior. to October 8,'2004 through (a). sales. <br />of such property, (b) prior adjudications of title in a court of law, or (c) eminent domainpro ceedings, <br />then, pursuant to LC. 3223- 1'1 =10, this Court declares and adjudges that the title held by Settlement <br />C1assMemberstoadjoiningSettlementCorridorproper tyis superiortoanyintexestheldbyConrail <br />in the same properly. <br />3. The Court farther finds that it is not within the scope of this Declaratory Judgement <br />to resolve title disputes between individuals resulting from prior sales of portions of the Settlement <br />Corridors and that such disputes, the extent any have arisen or may arise, must be resolved in the . <br />appropriate venue by the individual parties concerned. <br />
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