9754-07 Amend Ordinance # 9708-06 - Correcting Scrivener's Error

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ORDINANCE NO. ~ 1 S y ~~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO.9708-06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRIVENER'S ERROR. STATEMENT OF PURPOSE AND INTENT On October 23, 2006, the Common Council of the City of South Bend, Indiana passed Ordinance No. 9708-06 (the "Annexing Ordinance"), which voluntarily annexed a small portion of right-of--way along the southwest corner of Olive Road and Brick Road (the "Annexed Property"). A copy of the Annexing Ordinance is attached hereto as Exhibit A. The Annexed Property consists of a portion of a larger parcel located on the southwest corner of the intersection of Brick and Olive Road that is used as farm land (the "Farm Field"). Per the tax recorders on file with the St. Joseph County Auditor's Office, the Annexing Ordinance uses a common address of 25401 Brick Road for the Annexed Property. A subsequent review of the land records indicates that 25401 Brick Road is the address to the property that is immediately adjacent to the Farm Field and that the actual common address on file with the St. Joseph County Recorder's Office is 52097 Olive Road. Although the common address was technically incorrect, the Annexing Ordinance provided a proper common and legal description of the Annexed Property and no confusion existed that the Annexed Property was the portion of additional right-of--way located at the southwest corner of Olive Road and Brick Road. Moreover, the same family owns both parcels, and accordingly, no harm resulted from the error. Therefore, the use of an adjacent property address rather than the actual one in the Annexing Ordinance constitutes a harmless scrivener's error. It is the intent and purpose of this Ordinance to amend the Annexing Ordinance to off dally clarify that proper common address for the Annexed Property is 52097 Olive Road and to prevent any possible confusion in the future that may result from the use an erroneous street address in the Annexing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: