11-10-08 Council Meeting Agenda & Packet

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,. INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY (PETITIONER) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.77+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of•South Bend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.95 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR