HomeMy WebLinkAboutPetition and agreement for annexation of real estateRESOLUTION
NO. 598 -77
Passed by the Common Council of the City of South Bend, Indiana,
December 19 19 77
Attest: �"I
Attest: '% &/� "
Presented by me to the Mayor of the City of South Bend, Indiana
December 20 19 77
Clerk
of Common Council.
City Clerk
Approved and signed by me LLQ. / ;9-2-Q.
Mayor
RESOLUTION NO.
WHEREAS, petition and agreement for annexation of real
estate described in Exhibit A incorporated herein, made a part
hereof and marked Exhibit A has been entered into by and between
the City of South Bend acting through its Board of Public Works
and Indiana Franklin Realty, Inc., an Indiana corporation, owner
of such said territory, and Edward Rose of Indiana, an Indiana
limited partnership, developer of said territory, and
WHEREAS, an ordinance for the annexation of said territory
has been submitted to the Common Council of the City of South Bend,
and
WHEREAS, the developer of said territory proposes the
construction of a garden apartment complex therein which would
require special zoning and approval of a proposed site develop-
ment plan, and
WHEREAS, the developer will not be able to utilize said
land as planned unless zoning is granted to build the c-arden
apartment complex and the site plan is approved to enable compatible
land utilization, and
WHEREAS, it is the intention of the owner if annexation
of said territory is granted by the Common Council and if suitable
zoning and a site plan approval for the planned development is
not granted and approved, that petition be filed pursuant to
statute for disannexation of said territory.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of
the City of South Bend, Indiana:
SECTION I. That if the annexation ordinance of the afore-
said territory is passed by the Common Council and signed by the
Mayor and said annexation becomes effective and if the rezoning
of said territory or the site plan approval is not granted to
enable the developer to construct its proposed garden type apartment
complex thereon, the City will make no objection to a timely petition
for disannexation filed pursuant to statute by the owner of said
territory.
SECTION
effect from and
approval by the
F ..._. JTED /
NOT AFrOVED
II. This
after its
Mayor.
ADOPTED / hp —/ I-7,7
Resolution shall be in full force and
passage by the Common Council and
Membkr of the Common Council-
V9
I signed only to provide an
opportL::it-- -oc
and Council action o on the diccussion
FILED IN CLERK'S OFFICE
r
14 1977
Irene Gagnon
Cff-Y CLERK, SOUTH BEND, IND.
r yy77 r1e�7'
PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT
This Agreement,made and entered into this
day of
1977, between the City of South Bend, An
Indiana Municipal Corporation, hereinafter referred to as the
"City" and Indiana Franklin Realty, Inc., An Indiana Corporation,
hereinafter referred to as "Owner" and Edward Rose of Indiana,
An Indiana Limited Partnership hereinafter referred to as "Developer ".
WHEREAS, the City, Owners and Developer desire to have certain
real estate annexed and incorporated within the corporate limits
of the City of South Bend, A Municipal Corporation, of the State
of Indiana, which real estate is as described in Exhibit A attached
hereto, incorporated herein and made a part hereof.
WHEREAS, the Owner is the record title holder of the subject
property of this Annexation Agreement, and
WHEREAS, the territory hereinabove described is adjacent to and
contiguous to the said City of South Bend, County of St. Joseph,
State of Indiana being presently situated in Penn Township, County
of St. Joseph, State of Indiana; as attached hereto, made a part
hereof and incorporated herein, is a scale map of the proposed
territory to be annexed to the City of South Bend, Indiana showing
the boundaries thereof, and its relation to the municipal cities
involved, which map is marked Exhibit B, and
WHEREAS, the Developer is proposing the construction of a garden
apartment complex on the subject property of this Annexation
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and agreements set forth herein, the parties hereto
agree that this Petition
forAnnexation to
the City
(if' :)outh
Bend
is expressly: conditioned
upon the Common
Council (it'
the City
Of'
South Bend adoptinfT arl annexation ordinance pi•nvidi_nir f'c,r' Lhe
following:
A. The Ownej° is t;hc: f'PC c, i !rll) 1 o I' iL I , ho I der of 100% o.f'
f1a. 1. and i.n the tej.,Htory deL3cr >ihe� 1 111 1, ;xIIJ1)it A
attached hereto and (too:, herc�t)y tact; if.i on the Common
Council of the City of South Bend for voluntary
annexation of and to bring within the boundaries of
laic' NAly t;he real estate described hf-rein.
B. The City agrees that the Developer may connect
without cost to existing water mains of the City
located along Ironwood Road and Ireland Road and
may extend water mains from such connections to
serve the development complex. Such main extensions
shall be at the Developer's cost and shall be con-
structed according to published City standards. Should
the City deem it advisable that any of such mains
should be of a size in excess of that necessary to
serve the development complex, the cost of such over -
sizing shall be paid for by the City. The City shall,
if requested by the Developer, furnish engineering and
design consultation to the Developer without cost.
C. The City has existing storm water retention basins
located in the immediate vicinity of Inwood and Ironwood
Road and of Ireland Road and Ironwood Road. The Developer
may construct, without retention, such drains as it deems
necessary at its cost to provide storm water drainage for
its property into such City owned retention basins and
the City shall accept such drainage without charge to
the Developer.
D. The City agrees that the Developer may connect without
cost, fee or special assessment to existing sewer mains
of the City located along Ironwood Road and Ireland Road
and may extend sewer mains frcm such connections to
serve the development complex. Such sewer extensions
shall be at the Developer's cost and shall be constructed
according to published City standards. Should the City
deem it advisable that any of such sewers should be of a
- 2 -
size in excess of that necessary to serve the development
complex, the cost of such oversizing shall be paid for by
the City. The City shall, if requested by the Developer,
J�urn.sh. engineering and design consultation to the Developer
without cost.
E. it is understood and agreed by the parties hereto that
there will be no charge to the Owner or Developer for
connection of individual units or buildings to sanitary
sewers, water mains and/or storm water outfalls.
F. The City shall provide police protection to the
annexed territory as soon as any development is
constructed and access roads into the territory have
been constructed and opened. The City shall provide
fire protection to the annexed territory as soon as
any development is constructed, access roads have
been constructed and opened and fire hydrants installed
and rendered operative.
G. The covenants herein shall bind and inure to the
benefit of the executor,, administrators, successors
and assigns of the respective parties.
INDIANA FRANKLIt1 FEALTY, INC.
ATTEST: Ey:
J�x J -. STARES ICE P_P.ESIDENT
(l C�� e
A. H. KUHLMAN
ASST SECRETARY
EDWARD ROSE OF INDIAIIA, an Indiana
Limited Partnership
Edward Ravi z, Agent
Arthur C. Osterwald
- 3 -
By:
AT T:
THE CITY _SOUTH BE , by its
Board�f Yl c rk ��
at
- 4 -
�%r ," J r.
1. ljMu11en
p , T�cr4ahon
Part of the NW 1/4 of Sec. 29, T37N, UE, more particularly
described as follows: Beginning at the NE Corner of said
quarter Section; thence S00 °10'03" E along; the East line of
said quarter Section a distance of 1326.02 feet to the North
line of Sunnyslope 3rd. Subdivision; thence S89 °39140" W along;
the North line of said Subdivision a distance of 992.58 feet
to the NW corner of said Subdivision; thence 500014, 09"t a
distance of 1321.20 feet to the South line of the 1V 1/4 of
Sec. 29, as aforesaid; thence 1490000100"W along said South
line a distance of 664.66 feet to a point; thence N00 000100 11E
a distance of 1318.21 feet to a point; thence S89 °38122 "W a
distance of 990.00 feet to the [Jest line of said Sec. 29;
thence N0000010011 E along said West line a distance of 217.14
feet to a point 1097.21 feet South of the NW Corner of said
Sec. 29; thence N89 °34109" E a distance of 990.00 feet to a
point; thence N00 000100 11E parallel to and 990.00 feet East
of [Jest line of said Sec. 29, a distance of 1099.86 feet to the
North line of said Sec. 29; thence N89024'57E along; said
North line a distance of 1648.04 feet to the point of beginning.
Containing +75.10 acres in Penn Township, St. Joseph County,
Indiana.
"EXHIBIT A"
to Petition and Agreement
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a�
AtLa-chment to an Annexation AE;rcetnent dated
,1977 covering 75± acres ttuated
in the NWt of Section 29, T37N, R3E, :'enn
Township, St. Joseph County, Indiana, lierein
Edward Rose of Indiana appears as Developer, the
City Of South Rend appears as City and Indiana
Franklin Reality, Inc. appears as Owner.
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