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NOTICE OF PUBLIC HEARING Notice is hereby given to the citizens of the City of Nappanee, Elkhart and Kosciusko County, State of Indiana, that the Board of Public Works and Safety of the City of Nappanee at its regular meeting on Monday May 10, 2010 at 3:30 PM, in the Council Chambers at the Nappanee Municipal Center, will consider a petition from the LT Properties, LLC - Thomas Mast, to vacate the alley right-of-way, lying between the South line of Market Street and the North line of Lincoln Street and abutting the East line of Best and Early's Addition and the West line of C, Z & M Subdivision to the City of Nappanee, within the corporate limits of the City of Nappanee, Indiana. The alley right-of-way in question is described as follows: ALLEY VACATION DESCRIPTION: A 16' wide alley in the City of Nappanee lying between the South line of Market Street and the North line of Lincoln Street and abutting the East line of Best and Early's Addition and the West line of C, Z & M Subdivision to the City of Nappanee, said alley being more particularly described as follows: Beginning at a 3/4' iron pin at the intersection of the South line of Market Street and the East line of said alley and also being the Northwest corner of Lot #1 in said C, Z & M Subdivision; thence South 00°23'00" West, along the East line of line of said alley, 283.47 feet to a point on the North line of Lincoln Street; thence North 89"31'00" West, along the North line of Lincoln Street, 16.00 feet to the Southeast comer of Lot #423 in said Best & Early's Addition and the West line of said alley; thence North 00º23'00" East, along the East line of said Best & Early's Addition and the West line of said alley, 283.28 feet to a 1/2' iron pipe on the South line of Market Street and also being the Northeast comer of Lot #420 in said Best & Early's Addition; thence North 89º48'53" East, along the South line of said Market Street, 16.0 feet to the Point of Beginning, containing 0.10 acres more or less. Said vacation being divided equally among the adjoining property owners and is subject to the following utility casement: UTILITY EASEMENT DESCRIPTION: A sixteen foot (16.0') wide utility Easement in the City of Nappanee lying between the South line of Market Street and the North line of Lincoln Street and abutting the East line of Best and Early's Addition and the West line of C, Z & M Subdivision to the City of Nappanee, said easement being more particularly described as follows: Beginning at a 3/4" iron pin at the intersection of the South line of Market Street and the East line of said alley and also being the Northwest comer of Lot #1 in said C, Z & M Subdivision; thence South 00°23'00" West, along the East line of line of said alley, 283.47 feet to a point on the North line of Lincoln Street; thence North 89°31'00" West, along the North line of Lincoln Street, 16.00 feet to the Southeast comer of Lot #423 in said Best & Early's Addition and the West line of said alley; thence North 00º23'00" East, along the East line of said Best & Early's Addition and the West line of said alley, 283.28 feet to a 1/2" iron pipe on the South line of Market Street and also being the Northeast comer of Lot #420 in said Best & Early's Addition; thence North 89°48'53" East, along the South line of said Market Street, 16.0 feet to the Point of Beginning, containing 0.10 acres more or less. Subject to all covenants, easements, or restrictions of records and all applicable building and zoning laws and ordinances and possible rights of tile and drainage ditches. Said Petition will be considered at this meeting and citizens of the City will be given the opportunity to speak during the public hearing. A more detailed explanation of the Petition to vacate may be reviewed at the Clerk-treasurer's Office, 300 West Lincoln Street, Nappanee, Indiana weekdays from 9:00 AM to 5:00 PM. Nappanee Board of Public Works and Safety Kimberly A. Ingle Clerk of the Board April 22 and April 29, 2010 a22,29
