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36
<br />REGULAR MEETING JULY 11, 1966
<br />COMMUNICATION:
<br />The Honorable Common Council
<br />City of South Bend,
<br />City Hall,
<br />South Bend, Indiana
<br />Gentlemen:
<br />Request is hereby respectfully made to the Honorable Common Council of the City of South Bend, Indiana,
<br />for permission to withdraw the petition filed May 10, 1966, by Gladys I. Batey, Lynndon E. Scheid, Slyvia
<br />Pence, Lottie Torzewski and John Torzewski to rezone the tract of land located south of Lincolnway East,
<br />west of Twyckenham Drive, east of Hildes Court, and north of the New York Central right of way in the City
<br />of South Bend, Indiana.
<br />Respectfully submitted,
<br />/s/ Russell H. Fisher
<br />Attorney for petitioners
<br />President Hunter asked Mr. Wilson, Executive Director - Secretary of the Area Plan Commission, if anything could
<br />be done to prevent withdrawal of petitions that have been unfavorably recommended by the Area Plan Commission.
<br />Mr. Wilson suggested that the matter be referred to the City Attorney. President Hunter instructed the City
<br />Attorney to investigate the matter and make a report at a later date.
<br />There being no objections, the communication was accepted as read and placed on file.
<br />PETITION
<br />We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of
<br />South Bend, Indiana to amend the zoning ordinance of the City of South Bend, Indiana as hereinafter requested,
<br />and in support of this application, the following facts are shown:
<br />1. The property sought to be rezoned is located South of Lincolnway East; west of Twyckenham Drive; east of
<br />Hildes Court, and north of the East -West alleyway between Twyckenham Drive and Hildes Court in the City of
<br />South Bend, Indiana.
<br />2. The property is owned by Gladys Batey, Lynndon Scheid, Sylvia Pence and Lottie Torzewski, being owners of
<br />all the below described real estate.
<br />3. A legal description of the property is as follows:
<br />That part of the following described property being located south of Lincolnway East, an open and dedicated
<br />street in the City of South Bend, Indiana, said property being described as follows: to -wit:
<br />Beginning at a point on the South line of Lincolnway East in the City of South Bend, which point is 16
<br />feet due East of the West line of Lot Lettered "A" as shown on the recorded plat of Kline's Addition to
<br />the City of South Bend; thence running South 110 feet; thence East 37 feet; thence North to the St. Joseph
<br />River; thence down stream with the St. Joseph River to a point due north of the place of beginning: thence
<br />South to the place of beginning, excepting therefrom a public highway known as Lincolnway East in said City
<br />and being Lot numbered 1 as shown on the unrecorded plat of Dell Hildebrand's Subdivision of said Lot
<br />Lettered "A "; together with the right to use a strip 16 feet in width next West of and adjoining the above
<br />tract.
<br />and
<br />Lots numbered Four (4) and Five (5) in Kline's Addition, a recorded plat in the City of South Bend, Indiana;
<br />and
<br />A part of the Leer Partition of Lot numbered Three (3) in the Central part of Section 18, Township 37 North,
<br />Range 3 East, reference being had to said Partition and the Plat of said Lot Number Three (3) in a trans -
<br />script thereof recorded in Deed Record 51, page 167 to 170 in the Recorder's Office of St. Joseph County,
<br />Indiana, described as beginning at a point on the West line of said Lot Number Three (3) 44' north of the
<br />intersection of the said west line of said Lot Number Three (3) with the center line of the present track
<br />of the Lake Shore & Michigan Southern Railway which crosses said Lot Number Three (3) a distance of 150'
<br />thence east 5313" to the Southwest corner of the Lot herein described and the commencement point for a
<br />survey thereof, thence due east 40', thence due north to the St. Joseph River, thence westerly down stream
<br />with said river. to a point due north of said last mentioned point for survey, thence due South to said
<br />commencement point for survey being a lot 40' wide in the northeast portion of a certain parcel of land
<br />heretofore conveyed by Fannie Kline and others to Eliza A. Childs dated May 26, 1886 and recorded June 8,
<br />1886 in Deed Record 75 at pages 229 and 230 of the records in said county; excepting therefrom that part
<br />of the above described tract conveyed to Charles D. Hildebrand by Deed recorded in Deed Record 181 page 41
<br />and more particularly described as commencing at a point 100' South of the Northeast corner of Lot Lettered
<br />"A" as shown on the recorded plat of Kline's Addition to the City of South Bend as recorded in Plat Book
<br />Number 8 at page 16 of the records of said county, thence due South 85.4', thence due west 40', thence north
<br />94 ' thence easterly 40' more or less to the place of beginning:
<br />and
<br />Beginning at a point 100 feet south of the northeast corner of Lot "A ", as shown on Kline's Addition which
<br />is a Subdivision of partition Lot 3, of Samuel Leer Estate in Section 18, Township 37 North, Range 3 East,
<br />thence South 46.4 feet, thence west 77 feet, thence north 55 feet, thence east 37 feet, thence southeasterly
<br />41 feet to the place of beginning, being Lot 3 in Del Hildebrand's Subdivision of Lot "A ".
<br />Subject to legal highways.
<br />(Continued)
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