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PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREET) TO: THE COMMON COUNCIL DATE: January 5, 1998 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A). THE STREET DESCRIBED AS: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING (East) TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET AND BEING MORE PARTICULARLY DESCRIBED AS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF MEGAN BEELER DRIVE NORTH, AN 80.00 FT. WIDE PUBLIC ROAD LYING ADJACENT TO LOTS 4 AND 5 WITHIN THE PLAT OF "WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE" SUBDIVISION AS RECORDED BY DOCUMENT NO. 9746182 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE S. 89°-54'-29" E., 203.94 FT.; THENCE AROUND A 240.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 139.90 FT. TO THE END OF A CHORD WHICH BEARS S. 73°-12'-31" E. AND HAVING A DISTANCE OF 137.93 FT.; THENCE AROUND A 35.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 39.21 FT.~TO THE END OF A CHORD WHICH BEARS S. 88°-36'-06" E. AND HAVING A DISTANCE OF 37.19 FT. TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF MEGAN BEELER DRIVE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR THE NEXT THREE COURSES, AROUND A 60.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 101.66 FT. TO THE END OF A CHORD WHICH BEARS S. 10°-46'-02" W. AND HAVING A DISTANCE OF 89.93 FT. AND AROUND A 35.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 23.13 FT. TO THE END OF A CHORD WHICH BEARS S. 18°-50'-23" E. AND HAVING A DISTANCE OF 22.71 FT. AND S. 00°- 05'-31" W., 89.66 FT.; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 FOR THE NEXT TWO COURSES, AROUND A 160.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 251.33 FT. TO THE END OF A CHORD WHICH BEARS N. 44°- 54'-29" W. AND HAVING A DISTANCE OF 226.27 FT. AND N. 89°-54'-29" W., 203.94 FT. TO THE WEST LINE OF SAID SUBDIVISION; THENCE N. 00°-05'-33" E., 80.00 FT. TO THE POINT OF BEGINNING. NAME (Printed & Signedl ADDRESS LOT #/KEY # 1. BEELER & BROWN PROPERTIES 6910 UNIVERSITY GARDENS LOT 4 L.L.C. SUITE 17-Aj BOX 1 GRANGER, INDIANA 46530 ~~i~ r~ Y: JIM BROWN 2. DAVEY LLC Y: JIM BROWN 6910 UNIVERSITY GARDENS LOT 5 SUITE 17-A, BOX 1 GRANGER, INDIANA 46530 CONTACT PERSON- MICHAEL J. DANCH PEIRCE & ASSOCIATES, INC. 3231 SUGAR MAPLE COURT SOUTH BEND, IN. 46628 (219) 234-4003 LORETTA J. DUDA CITY CLERK ROOM 455, COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (219) 235-9221 ~i(~t~ !~ ~i~rl~"~ ~fYic~ LOFis:T7~1 J. DUD€ CITY CLEFIk, SO.6E~lD, I.I.