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HomeMy WebLinkAbout9778-07 Vacation Street BrickORDINANCE No. s»a-0~ Passed by the Common Council of the Ciry of South Bend, Indiana August 27, 20 07 Attest: Attest: ~~~.r.wt Presented by me to the Mayor of the City of South Bend, Indiana August 28, 07 20 City Clerk President of Common Council Approved and signed by me August 2 9 20 0 7 City Clerk Mayor ORDINANCE NO. ~ ~ ~ S O ~ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The street to be vacated is a portion of Brick Road right of way located in the North '/2 of the Northwest Quarter of Section 19, Township 3 8 North, Range 2 East, German Township, City of South Bend, St. Joseph County, IN. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Commencing at the Northwest corner of the East'/2 of the Northwest Quarter of said Section 19; thence N 89 55'36" E along the North line of said Section 19 (also being the centerline of Brick Road) a distance of 50 feet; thence South to the South right of way line of Brick Road a distance of 40 feet; thence along said South line of Brick Road N 89 55'36" E a distance of 220.15 feet; to the place of beginning; thence continuing along said South right of way of Brick Road, N 89 55'36" E a distance of 206.40 feet to the West right of way line of Quality Drive; thence S 00 52'04" E along said West line of Quality Drive, a distance of 51.81 feet; thence N 88 47'24" W a distance of 95.86 feet; thence N 66 01'40" W a distance of 121.86 feet to the place of beginning. Containing 0.175 acres, more or less, hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of--way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or ben beneficially affected by such vacating. David E. and Pauline Koehler 04-1010-0175.02 Leonard and Flora Chitekwe 04-1010-0176.14 SECTION IV . The purpose of the vacation of the real property is The parcel in question is a sliver of real estate abutting the property of the petitioner and Brick Road. The property was previously owned by the State of Indiana and given to the City of South Bend and has no other use than to be incorporated into the property of the petitioner. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. ~~ Member of ommon Council Attest: ' Cle Presented by me to the Mayor of the City of South Bend, Indiana, on the ZS day of August, 2007, at .^ Z'. 3 ~;~ o'clock ~.m. City Cle { ~'~t"'~``1 Approved and signed by me on the ~ day of August, 2007, at • 3a o'clock ~.m. Mayor, City South Bend, Indiana 1st READING ~-~ 3 ~ `~~ PLI6LIC HEAPING ~-2._~-0 3 rd READING ~_Z1 _(} NOT APPROVED REFERRED PASSED ~'-~~ -Q Filed In 01*rrl~'s Office AUG ~ 6 2007 JOHN VOORDE CITY CLEF.K, 50. BEND, IN, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-07 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATED IN THE NORTH % OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson ,. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: Auctust to 2007 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: B. THE STREET DESCRIBED AS: A portion .:~ ,prick Road righ~ of w-~:y located in the North 1/2 of the Northwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, In. NAME (signed ~ printed) ADDRESS ~,ic.~4411 Quality Drive, South Bend, IN Thomas Gyuriak sZ LOT # 46628 ~U Fi~~~ 4~ ~le~k's Offoce r auG - G . _ _.. CITY C ERK, s°o°. e~~~ro, rN. i CONTACT PERSON (S) RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 NAME: George E. Herendeen Attorney at Law ADDRESS: 419 W. Jefferson Blvd. South Bend, IN 46601 PHONE: Z 3~.. ~~~~ 04-1010 ~ 04-1O1D 0175. 01 / 0175. 02 POC N89'55'36"E _ ~ _ _ _ _ _ _ _ BRICK ROAD 50.00' o ~ POB ~' ° N89'55'36"E o N 9'55'36"E 220.15' 206.40' 'M N66•~~;86' 0.175 ACRES O o ` 4~'~ 95.86' ~ \ 20A N88'47'24"VI x o LANDMARK BUSINESS PARK SEC. 7 ~~ :- o ~ N '- u7 ~a 0 -~ 04-1010 ~ _ 0176, 14 R 150' / - _~ / 19 ~ LANDMARK / 0, BUSINESS PARK SE~ 7 LEGAL DESCRIPTION: The street to be vacated is a portion of Brick Road right of way located in the North ~ of the Northwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, IN being more particularly described as follows: Commencing at the Northwest corner of the East ~ of the Northwest Quarter of Said Section 19; thence N 89 55'36° E along the North line of said Section 19 (olso being the centerline of Brick Road) a distance of 50 feet; thence South to the South right of way line of Brick Road a distance of 40 feet; thence along said South line of Brick Road N 89 55'36" E a distance of 220.15 feet; to the place of beginning; thence continuing along said South right of way of Brick Road, N 89 55'36°E a distance of 206.40 feet to the West right of way line of Quality Drive; thence S 00 52'04" E along said West line of Quality Drive, a distance of 51.81 feet; thence N 88 47'24° W a distance of 95.86 feet; thence N 66 01'40" W a distance of 121.86 feet to the place of beginning. Containing 0.175 acres, more or less. Bi1149-07 Street/Right of Way Vacation 7005 1820 0000 6325 6694 David and Pauline Koehler 51933 Orange Road South Bend, In 46628 7005 1820 0000 6325 6700 Edsel and Elizabeth Wiseman Trustees of the Wiseman Revocable Trust 24334 W. Edison Road South Bend, IN 46628 7005 1820 0000 6325 6717 GV W Realty, LLC 6115 Miami Road South Bend, IN 46614 7004 2510 0001 1076 1953 Charles Hayes, Inc. 814 Marietta Street South Bend, IN 46601 7004 2510 0001 1076 1960 Albert and Marilyn Lichtenberger 25509 Brick Road South Bend, IN 46628 7004 2510 0001 1076 1977 Cooreman Real Estate Group, Inc. 24545 Brick Road South Bend, IN 46628 7004 2510 0001 1076 1984 Leonard and Flora Chitekwe 51945 Orange Road South Bend, IN 46628 1316 COUNTY-CITY BUILDING 227 W. JErr-ERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 9, 2007 Mr. George E. Herendeen 419 West Jefferson Boulevard South Bend, Indiana 46601 RE: Alley Vacation -Brick Road Right-of--Way at Quality Drive Dear Ms. Herendeen: PHaNE574/235-9251 Fnx 574/235-9171 TDD 574/ 235-5567 The Board of Public Works reviewed your request to vacate the above right-of--way at its July 9, 2007 meeting. The City Engineer stated that since the proposed vacation is not closing a street or right- of-way, does not hinder growth or orderly development and would not deny access to adjacent property, the petition does not need to go through the normal review by other City agencies. This portion of the right of way was dedicated as public right-of--way by INDOT during the construction of the US 20/31 By-Pass. The right-of--way is not needed to maintain the existing Brick Road configuration. You will need a radius map showing properties within 150' of the proposed vacation. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius map. Once you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely,. -'~ Linda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARY A. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda Martin, Clerk Board of Works FROM: Tony Molnar SUBJECT: Vacation of Brick Road right of way DATE: June 28, 2007 Please find attached a drawing that shows the proposed vacation of a portion of the Brick Road right of way at Quality Drive. This portion of the right of way was dedicated as public right of way by INDOT during the construction of the US 20/31 By-Pass. The right of way is not needed to maintain the existing Brick Road configuration, therefore the adjacent property owner has asked that it be vacated. Carl has asked that the Board make a recommendation on the vacation to the City Council so that the property may be turned over to the adjacent property owner to expand the existing facilities. I have attached a proposed site plan showing the right of way to be vacated and the proposed use of the land. The attorney for the property owner is George E. Herendeen, 419 West Jefferson Blvd., South Bend, Ind. He should be sent the normal letter of recommendation for the vacation. Please note that the City Engineer has indicated that because this proposed vacation is not closing a street or right of way and does not hinder growth or orderly development and would not deny access to adjacent property, the petition does not need to go through the normal review by other City agencies. If you have any questions, please feel free to call me at 9254. Thanks, Tony TELEPHONE (574) 234-6061 FAX (574) 234-0772 E-mail ghervette@aol.com GEORGE E. HERENDEEN Herendeen, Kowals, & D1cTlgue ATTORNEYS & COUNSELORS AT LAW 4l9 W. 7EFFERSON BLVD. SOUTH BEND, INDIANA 46601 ~~t~~O~/ED OSi'd ~~ PV~]~IC riJtf'Ot~c~ ~~. M. ~l ~ 2007 ~,~~ ~ATA\memoboard.wpd I ~/ v -~ ~. (~ W y o APPROVED Board of Pnhlh W.,t4~. 25-1017-0602 Information shown on this map is not warranted for accuracy or merchantability. Reproduction of this material is not possible without written permission of Sl. Joseph County, Indiana. Photography:Spring 2002 N Prepared by: St. Joseph County Auditor's Once 227 W. Jefferson Blvd. W E South Bend, Indiana 46607 Phone: (574) 235-9463 TRI CO~JNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-66661 TELEPHONE: (574) 243-4664 Fax: (574)243-4916 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richazd J. Andrysiak, Office Manager of the Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper. .~ ~ ~ ~~. ~_ time(s), the date of publication being as follows: 9/7/2007 Fee: $37.69 Subscribed and sworn to before me this 7th day of September, 2007 0~1,1A~ Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 ORDINANCE N0. 9778-07 AN ORDINANCE TO VACATE THE FOLLOWING ~1V DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATEDGi:- .,~:.":.^.T~4i h OF THE NORTMNESTQUARTER OFSECTION 19,TOW1~ SHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, gTYOF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA STATEMENT OFPURPOSEANDItJTENT Pursuant to Indiara Code Section 36-7-3-12, the Common Council is charged with the authority m hear all petitions m vacate pudic ways or public places within the City. The following Ordinance vacates the above de- scribed public property. NOW, THEREFORE, BE fT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOlliH BEND, INDIANA, as tolbws: SECTION I. The Common Council of the qty of South Bend having held a public hearing on the petilbn to vacate the following property: Commencing at the Northwest comer of the East 'h of the Northwest Quarter of said Section 19; thence N 89 55'36' E along the North line of said Secton 19 (also being the ceMerf ce of Brick Road) a distance of 50 feet; thence South to the South right of way line of Brick Road a dL~ance of 40 teak thence along said South fine of Brick Road N 89 55'36' E a distance of 220.15 teak to the place of beginning; thence uron8nuing alorg said South right of way of Bddc Road, N 89 55'36' E a distance of 206.40 feet m the West right of way line of Quality Ddve; thence S 00 52'04' E along said West line of Quality Drive, a distance of 51.81 feel; thence N 88 4T24' W a distance of 95.86 teak thence N 66 01'40' W a distance of 121.86 feet to the place of beginning. Containing 0.175 acres, more or less Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby re- seniesthe rights and easements of all u8idies and the Municipal City of South Bend, Indiana, thcan- structand maintain arty Facili8es, including, but not limited to, the following: elecfnic, telephone, gas, water, sewer, surface water control sVucWres and ditches, within the vacated right-of-way, urdess such rights are releasedpy the individual utilities. SECTION III. Thelollovring property may be info- rqusly or beneficially affected by such vacating: ORDINANCE 121.88 feet to the place NO. 9778-07 of beginning. Containing .N ORDINANCE TO 0.175 acres, more or /ACATE THE FO L- less LOWINQ DESCRIBED Hereby determines that it PROPERTY: THE is desirable to vacate STREET TO BE VA- said property. CATED IS A PORTION SECTION II. The City of OF BRICK ROAD South Bend hereby re- RIGHT OF WAY LO- serves the rights and CATED IN THE NORTH easements of all utilities ~h OF THE NORTH- and the Municipal City WEST QUARTER OF of South Bend, Indiana, SECTION 19, TOWN- to construct and main- SHIP 38 NORTH, fain any facilities, in- RANGE 2 EAST, GER• eluding, but not limited MAN TOWNSHIP, CITY to, the following: elec- OF SOUTH BEND, ST. tric, telephone, gas, wa- JOSEPH COUNTY, IN- ter, sewer, surface water DIANA control structures and , STATEMENT OF ditches, within the va- 'URPOSE AND INTENT Gated right-of-way, un- ~ursuant to Indiana less such rights are re- Code Section 36-7-3- leased by the individual the Common Coun- 12 utilities. , Gil is charged with the SECTION III. The fol- authority to hear all peti- lowing property may be lions to vacate public injuriously or beneficially ways or public places affected by such vacat- within the City. ing: fhe following Ordinance David E. and Pauline vacates the abovede-. Koehler 04-1010- seribed public property: 0175.02 VOW, THEREFORE, BE IT ORDAINED BY THE Leonard. and Flora COMMON COUNCIL Chitekwe 04-1010- OF THE CITY OF 0178.14 SOUTH BEND, INDI- SECTION IV. The pur- ANA, as follows: pose of the vacation of SECTION 1. The Com- the real property is that mon Council of the City the parcel in question is of South Bend having a sliver of real estate held a public hearing on abutting the property of the petition to vacate the petitioner and Brick the following property: Road. The property was Commencing at the previously owned by the Northwest corner of the Sate of Indiana and East +/z of the Northwest given to the City of Quarter of said Section South Bend, and has no 19; thence N 89 55'36" other use than to be in- E along the North line of corporated into the said Section 19 (also property of the peti- being the centerline of boner. Brick Road) a distance SECTION V. This ordi- of 50 feet; thence South Hance shall be in full to the South right of force and effect from way line of Brick Road a and after its passage by distance of 40 feet; the Common Council thence along said South and approval by the line of Brick Road N 89 Mayor. 65'38" E a distance of Timothy A. Rouse 220.15 feet; to the Member of the place of beginning; Common Council thence continuing along Passed on August 27, said South right of way 2007, by the Common of Brick Road, N 89 Council of the City of 55'38"E'a di§tande~of South Bend, Indiana..^~ 206.40 feet to-the West Presented to, approved right of way line of and signed by Mayor, Quality Drive; thence S Stephen J. Luecke, on 00 52'04" E along said August 29, 2007. West line of Quality Approved: Drive, a distance of Timothy A. Rouse, 51.81 feet; thence N 88 President 4724" W a distance-of John Voorde, City Clerk 95.86 feet; thenceN-66 tt:9:7 01'40" W a distance of of Indiana 'of;eph County as: ovally appeared before.me, a ,notary public in and.:for said county and :, the undersigned Carol Smith being duly sworn says that she is of competent age and is Advertising Director of The South Bend Tribune, a y newspaper which for at least five (S) consecutive years has been Lished in the City of South Bend, county of St. Joseph, State of Indiana, which during that time, has been a newspaper of general circulation, .ng a bona fide paid circulation, printed in the English language and red, authorized and accepted by the post office department of the ed States of America as mailable matter of fhe• second-class as defined he act of Congress of the United States of March 3, 1879, and that the fed matter attached hereto is a true copy, which was duly published in newspaper. 1 time s, the dates of publication being as follows: September 7, 2007 ~~ cribed and sworn to before me this 7th day September 2007 . ~ Geraldine Dickey Notary Public ~• "` - " Resident of St. Joseph County My commission expires January 28, 2009 Charges X61.18 TRI COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-6666 TELEPHONE: (574) 243-4664 Fax: (574) 243-4916 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper. time(s), the date of publication being as follows: 8/17/2007 Fee: $23.80 Subscribed and sworn to before me this 17th day of August, 2007 Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 ~P PROOF OF PUBLICATION Notice is he2bY given the citizens of South Bend, St. Joseph County, Indiana, that the Common Council of fhe City of South Bend, St Joseph County, Indiana, in the Council Chambers of the Courrty-qty Building, 2rf7 Wear „:.__ on Boule- vard, South Bend, Indiana, on Monday, August 27, 2007 will hold at 7:00 p.m., a Public Hearing on fhe following proposed Ordinances: 43-07 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY:THEALLEYTOBEVACATEDISTHE FRST EASTMIESTALLEy NORTH OF NORTHSIDE BOULEVARD, FROM 21STSTREET, WESTTO THE FIRST NORTHlSOUTH ALLEY FOR A DISTANCE OF 133.5 FEETAND A WIDTH OF 14 FEET. BE- . ING A PART OF DUNN'S 1ST ADDRION, POR- TAGE TOWNSHIP, qTY OF SOl1TH BEND, ST. JOSEPH COUNTY, INDIANA as-o7 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF Wqy LO- CATEDINTHENORTH :OF THE NORTHWEST OUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUMY, INDIANA 50-07 ABILLOFTHECOMMONCOUNCILOFTHECITY OF SOUTH BEND, INDIANA, TO AMEND VARI- OUS SECTIONS OF CHAPTER 6, ARTICLE 1, OF NHG P RMI TFEESIAND IT E DODENITION OF I i PLUMBING CONTRACTOR 51-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA gMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MU- NICIPALCODE TO SETANDADJUST FEES FOR DOCUMENTS AND SERVICES Persons at the mee8ng shall have the fight to be heard thereon. John Voorde City gedc 1t,8-17 Notice is hereby given the citizens of South Bend, St. Joseph County, Indi- ana, that the Common Council of the City of ' South Bend, St. Joseph County, Indiana, in the Council Chambers of the County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana, on Monday, August 27, 2007 will hold at 7:00 p.m., a Public Hearing on the followin proposed Ordinances: g A BILL TO VACATE THE SC~jgEplN PROPERTY: THE ALLEY TO BE VA- CATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTH- SIDE BOULEVARD, FROM 21ST STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND q WIDTH OF 14 FEET. BEING q PgRT OF DUNN'S 1ST ADDI- TION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JO_ SEPI-f COUNTY, INDI- ANA A BILL TO VACATE THE FOLLOWING DE- SCRIBED PROPERTY: THE STREET TO BE VACATED IS A POR- TION OF BRICK ROAD RIGHT OF WqY LO- CATED IN THE NORTH '~2 OF THE NORTH- WEST gUARTER OF SECTION 19, TOWN_ SHIP NORTH, RANGE 2 $EAST, GER- MAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, IN_ DIANA A BILL OF THE COM- TIHEN CITyOUNCIL OF BEND, OF SOUTH AM~nin INDIANA, TO IE y n~wLt 1. OF JNIC POgL CODE qD- 'ESSING PERMIT ES AND THE DEFINI- >N OF PLUMBING INTOn nom.-.. A BILL OF 07 THE COM- MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA 7, EO DCHAPTER 4COF MUNIC P~L TCODEETO SET AND gpJUST FEES FOR DOCUMENTS AND SERVICES Persons at the meeting shall have the right to be heard thereon. John Voorde, City Clerk 1t:8; 17 - State of Indiana St. Joseph County as: Personally_..appeared.before me, a notary public in and for said county anal state, the undersigned Carol Smith who, being duly sworn says that she is of competent age and is Advertising Director of The South Bend Tribune, a daily newspaper which for at least five (5) consecutive years has been published in the City of South Bend, county of St. Joseph, State of Indiana, and which during that time, has been a newspaper 'of general circulation, having a bona fide paid circulation, printed in the English language and entered, authorized and accepted by the post office department of the United States of America as mailable matter of the second-class as defined by the act of Congress of the United States of March 3, 1879, and that the printed matter attached hereto is a true copy, which was duly published in said newspaper. 1 time s, the dates of publication being as follows: August 16, 2007 ~~ Subscribed and sworn to before me this 16th day of August 2007 . Geraldine Dickey Notary Public Resident of St. Joseph County My commission expires January 28, 2009 Charges. $31.31