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ORDINANCE NO. <br />AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A <br />SPECIAL EXCEPTION FOR PROPERTIES LOCATED AT 736 CALIFORNIA AND 808, <br />812, 824, 826, 828, 830, 832, 834, 836, 838, 906, 908, AND 910 PORTAGE AVENUE, <br />COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA <br />STATEMENT OF PURPOSE AND INTENT <br />To rezone for a commercial and residential mixed used project. <br />NOW THEREFORE BE IT ORDAINED by the Common Council of the City of <br />South Bend, Indiana as follows: <br />SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly <br />known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same <br />hereby is amended in order that the zoning classification of the following described real <br />estate in the City of South Bend, St. Joseph County, State of Indiana: <br />For rezoning: <br />That part of the Northeast Quarter of Section 2, Township 37 North, Range 2 East, Portage <br />Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114, <br /># 115 and Lot # 112 of the Plat of "Shetterley Place 3rd Plat" now a part of the City of South Bend as <br />recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's <br />office, excepting the East 35 feet of said Lot # 112, Lot "A ", and also including Lot # 33 of the Plat <br />of "Shetterley Place 2nd Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in <br />the records of said Recorder's office. <br />Containing 0.96 acres more or less. <br />Subject to all legal highways, easements and restrictions of record. <br />Also that Part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2 <br />East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lots # 34 -37 of the <br />recorded Plat of "Shetterley Place 2nd Plat ", to the City of South Bend, Indiana as recorded in Plat <br />Book # 5, Page # 44 in the office of the Recorder of St. Joseph County, Indiana, also Lot # 7 of the <br />recorded Plat of "C.E. Smith's Subdivision of Lots numbered 38, 39, 40 & 41 of Shetterley Place, <br />2nd plat ", to the City of South Bend, recorded May 3, 1916 in the office of the Recorder of St. <br />Joseph County, Indiana in Plat Book # 10, Page # 10, and being more particularly described as <br />beginning at the Northeasterly corner of said Lot # 34; thence South 43 °09'35" East along the West <br />line of a 14 foot wide Public Alley, 174.03 feet (Rec. 174.10 feet) to the Northeast corner of said Lot <br /># 34; thence South 46 °32'49" West, 35.14 feet (Rec. 35.00 feet) to the Northwest corner of said Lot # <br />7; thence South 43'11'52" East along the Northerly line of said Lot # 7, 32.56 feet (Rec. 32.66 feet) <br />