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<br />BOOK 9ft PAGE
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<br />2:
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<br />of the Southeast corner thereof, thence West to White
<br />Lick Creek, thence up said Creek with the meanders
<br />thereof to a point where the same intersects with the
<br />South line of the land owned by William F. Bly, thence
<br />on said South line East to the East line of the North
<br />half of said Northeast quarter Section, thence on said
<br />East line South to the place of beginning, containing
<br />8.55 acres, more or less.
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<br />ALSO, part of the North half of section 26, Township and
<br />Range aforesaid, bounded as follows: Beginning at a
<br />point 5.08 chains North of the Southeast corner of the
<br />Southwest quarter of the Northeast quarter of said section
<br />26, thence West 33.50 chains to a point 6,50 chains East
<br />of the West line of the -Southea"st quarter of the Northwest
<br />quarter of said Section 26, thence North 11.34 chains to a
<br />point 3.58 chains South of the North 1ine of the Southeast
<br />quarter of the Northwest quarter of said Section 26, thence
<br />East 5_65 chains, thence North 18.36 chains, thence South
<br />62 degrees East 4.56 chains, thence South 23 3/4 degrees
<br />East 1.19 chains, thence South 10 degrees East 1.53 chains,
<br />thence South 2.04 chains, thence South 5~ degrees West 3,05
<br />chains, thence South 10~ degrees West 3_86 chains to the
<br />South line of the Northeast quarter of the Northwest
<br />quarter of said Section 26, thence East 25.03 chains to
<br />the Northeast corner of the Southwest quarter of the North-
<br />east quarter of said Section 26, thence South 14.92 chains
<br />to the place of beginning, containing 52.33 acres, more or
<br />less.
<br />
<br />Containing in all 80.30 acres, more or less.
<br />
<br />Tract III·
<br />
<br />Fifty-five (55) acres off of and across the entire North
<br />side of the N 1/2 of the NE 1/4 and that part of the NE
<br />1/4 of the NW 1/4 lying East of the White Lick Creek, all
<br />in Section 26, Township 14N, Range 1 East.
<br />
<br />WHEREAS, the ~~_~i~ are presently engaged in a sand and
<br />
<br />gravel mining operation on a part of said real estate, and are desirous
<br />
<br />of continuing such sand and gravel mining operation on the tracts which
<br />
<br />they own (Tract I and Tract II) and upon which they have an option to
<br />
<br />purchase (Tract III), and
<br />
<br />WHEREAS, certai,n legal issues and disputes have arisen between
<br />
<br />t]le Town ~nd the ]~~~kj~~ as to the validity of the Town's "zoning Ordi-
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<br />nance of Mooresville, Indiana" as adopted on the 21st day of September,
<br />
<br />1982, and
<br />
<br />¡.; HE -:' J.: f""'. S. b (J t h t Ì1 c 'j (_; -'..: n ,-::. ~ì d ~_ h c: ¡:; Ü ;-) ~', 1 ,; S ...,' j s h tor i~ 'S 0 1 vet }¡ e
<br />
<br />existing legal disputes with reference to the validity of such zoning
<br />
<br />ordinance as it applies to the gravel and mining operation which the
<br />
<br />:)'~Ì",1]JS Jla.vc pUl-':>u(~d in 1:1ì0 p?st, dre r'rc~j'>ntly l'1}J·~:;l)ijì9' "nt1 ·...,1~~h 10
<br />
<br />l)\lrSUe in the future on the tracts described above without recourse by
<br />
<br />vi11ìer the Town or the ~_~_~p.k}y~ to litigation. ,",,'hich outcome is uncl?rtain
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