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STATE OF INDIANA ) <br />) SS. <br />CITY OF SOUTH BEND ) <br />IN THE MATTER OF <br />THE REZONING OF PART OF <br />AN AREA BOUNDED BY ELWOOD AVENUE, <br />PORTAGE AVENUE, NEW YORK CENTRAL <br />RAILROAD COMPANY RIGHT -OF -WAY and ) <br />LAND OF DREWRYS LIMITED U S A INC. ) <br />BEFORE THE CITY PLAN COMMISSION <br />PETITION OF PORTAGE REALTY CORPORATION <br />PORTAGE REALTY CORPORATION alleges: <br />1. It is the owner in fee simple of a tract containing approximately <br />nine and one -half (9?) acres, which is bounded on the North by Elwood Avenue, <br />on the Northeast by Portage Avenue, on the Southeast by the New York Central <br />Railroad Company's right -of -way and on the 'Vest by land owned by Drewrys Limited <br />U S A Inc., excepting therefrom a small parcel of land approximately eighty (80) <br />feet in depth on the Southwesterly corner of the intersection of Portage Avenue <br />and Elwood Avenue. <br />2. That part of said area bounded by Elwood Avenue, Portage Avenue, <br />said right -of -way line and a line parallel to the Southwesterly line of Portage <br />Avenue and distant Southwesterly one hundred fifty (150) feet therefrom is <br />presently zoned as "C" Use District and "D" Height and Area District. <br />3. The remainder of the area referred to in paragraph 1 is presently <br />zoned "B" Use District and "B" Height and Area District, such particular part <br />being; that bounded by a line running as follows: <br />Commencing at a point on the South Line of Elwood Avenue, three <br />hundred sixty -three and four tenths (363 -L) feet Vest of the inter- <br />section of that line with the Southwesterly line of Portage Avenue; <br />thence East to a point of intersection of the South line of Elwood <br />Avenue with a line parallel to and distant Southwesterly one hundred <br />fifty (150) feet from said Southwesterly line of Portage Avenue; thence <br />Southeasterly parallel to said Southwesterly line of Portage Avenue to <br />the Northwesterly line of the right -of -way of the New York Central <br />Railroad Company; thence Southwesterly along said Northwesterly line <br />of said right -of -way to a point one thousand sixty -three and seven <br />tenths (1063.7) feet from the intersection of the Southwesterly line <br />of Portage Avenue and said Northwesterly line of said right -of -way; <br />thence North one thousand one hundred eighty -four and. seventeen <br />hundredths (1184.17) feet to the place of beginning. <br />