9679-06 Rezoning East of 5909 Nimtz Parkway - District 1

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ORDINANCE NO. `~° ~ \ ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY EAST OF 5909 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF THE PROPERTY TO BE REZONED IS "LI" LIGHT INDUSTRIAL AND "CB" COMMUNITY BUSINESS. THI5 LOT I5 PROPOSED FOR DEVELOPMENT AS THE COUNTY MAYO IRISH INN AND PUB. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT 3A OF BLACKTHORN CORPORATE OFFICE PARK, MINOR #10; TOGETHER WITH A PART OF LOT SEVEN (7) IN BLACKTHORN CORPORATE OFFICE PARK AS RESPECTNELY RECORDED UNDER INSTRUMENT NUMBERS 0123942 AND 9438010 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THAT PART OF SAID LOT 7 PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A NORTHERLY CORNER OF SAID LOT 7, WHICH CORNER BEING COMMON WITH THE MOST WESTERLY CORNER OF SAID LOT 3A IN BLACKTHORN COPORATE OFFICE PARK, MINOR #10; THENCE SOUTH 38 DEGREES 59 MINUTES 52 SECONDS EAST ALONG A COMMON LINE TO SAID LOTS 7 AND 3A, A DISTANCE OF 375.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 3A; THENCE NORTH 57 DEGREES OS MINUTES 00 SECONDS WEST, A DISTANCE OF 125.29 FEET; THENCE NORTH 38 DEGREES 59 MINUTES 52 SECONDS WEST PARALLEL TO SAID COMMON LINE OF LOT 9 AND LOT 3A, A DISTANCE OF 256.85 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF NIMTZ PARKWAY, SAID POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 790.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 55 MINUTES 06 SECONDS AND A CHORD OF 40.23 FEET BEARING NORTH 57 DEGREES 11 MINUTES 35 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 40.24 FEET TO THE POINT OF BEGINNING, SAID LOT 3A AND THAT PART OF LOT 7 CONTAINING 4.531 ACRES, MORE OR LESS. SAID PARCEL BEING SUBJECT TO ANY COVENTANTS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as "CB" Community Business. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication.