City of South Bend to Acquire certain Land located Near the Intersection of Lincoln Way West & Bendix Dr.

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RESOLUTION NO. —3 131' n— A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACQUIRE CERTAIN LAND LOCATED NEAR THE INTERSECTION OF LINCOLN WAY WEST AND BENDIX DRIVE IN SOUTH BEND, INDIANA WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public Works to acquire certain land located near the intersection of Lincoln Way West and Bendix Drive in South Bend, Indiana, which real property is more particularly described as follows: Parcel 1. Owner: McDonald's Corporation Situate in Portage Township, City of South Bend, St. Joseph County, Indiana Part of the East Half of the Northeast Quarter of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) more particularly described as follows: Commencing at the Northeast corner of said Section 4, thence proceeding South forty -five degrees ten minutes seven seconds West (S45o10'07" W) a distance of fifty -six and forty hundredths (56.40) feet to a point of intersection of the South right -of -way line of Elwood Avenue and the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00o00'00 "W) along the west line of Bendix Drive a distance of four hundred four and fifty hundredths (404.50) feet to the southeast corner of lot numbered two (2) as shown on the recorded plat of All-Phase Minor Subdivision, recorded March 21, 1991 as document number 9106604 in the office of the recorder of St. Joseph County, Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89o48'32 "W) a distance of seven and eleven hundredths (7.11) feet to a point of the West right -of -way line, such point being the point of beginning of this description, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89o48'32 "W) a distance of eight and no hundredths (8.00) feet, thence North three degrees twenty -three minutes thirteen seconds East (N3o23'13 "E) a distance of one hundred thirty -five and forty -two hundredths (135.42) feet to a point on the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00o00'00 "W) a distance of one hundred thirty -five and seventeen hundredths (135.17) feet to the point of beginning of this description and containing 540.69 square feet (0.0124 acres) subject to all legal highways and easements of record. Parcel 2. Owner: South Bend Venture an Illinois Partnership Situate in the City of South Bend, St. Joseph County, Indiana Part of the Northeast Quarter (NE 1/4) of Section 4 Township 37 North Range 2 East (Sect 4- T37N -R2E) described as commencing on the Northerly line of