07-28-08 Council Meeting Agenda & Packet

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e ~~ ~~ REVISED 5/23/08 '~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF- WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614, IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT AND "GI" GENERAL INDUSTRIAL DISTRICT AND CONTAINS AN EXISTING INDUSTRIAL BUILDING AND OPEN PARKING AREA AND STORAGE AREAS. ALL THE PROPERTIES ARE REQUESTED TO BE REZONED TO THE "GI" GENERAL INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALVAGE FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IIQ THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED•AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28'-55" W. ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FT. AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.