HomeMy WebLinkAbout9661-06 Annexation - 2100 Block Kern Road - Kendall Weiss, L.L.P - District 6ORDINANCE No.
Passed by the Common Councit of the Ciry of South Bend, Indiana
April 10, 286
9661-06
Attest: T_ ~-~-~-~----~-~~ ~~~ City Clerk
i"
Attest: 4 - President of Common Council
Presented by me to the Mayor of the Ciry of South Bend, Indiana
April 11, 2006
Approved and signed by me April 13 , 20 0 6
City Clerk
`:.
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,
CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT 6.
Kendall Weiss, L.L.P.
21000 Block, South Side of Kern Road
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation of 69.937 acres located in Centre Township, St. Joseph
County, Indiana, has been filed by 75 percent of the total assessed value of the land for tax purposes
for the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory
to the City of South Bend, Indiana.
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:
A PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH,
RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST ALONG THE EAST
LINE OF SAID SECTION 3, A DISTANCE OF 1000.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 16 MINUTES 41 SECONDS
WEST ALONG THE EAST LINE OF SAID SECTION 3, A DISTANCE OF 2315.87 FEET;
THENCE NORTH 88 DEGREES 53 MINUTES 03 SECONDS WEST, PARALLEL WITH
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE
OF 1373.03 FEET TO THE CENTER LINE OF PENN CENTRAL RAILROAD RIGHT-OF-
WAY (ABANDONED); THENCE NORTH 00 DEGREES 22 MINUTES 51 SECONDS EAST
ALONG SAID CENTERLINE, A DISTANCE OF 2295.34 FEET; THENCE SOUTH 89
DEGREES 46 MINUTES 25 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 1318.76 FEET TO
THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 69.911 ACRES,
MORE OR LESS;
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT-
OF-WAY OF RECORD.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to
be extended so as to include the real estate of the above described parcel as a part of the City of South
Bend, Indiana.
SECTION III. That the above described real estate shall be and hereby is assigned to the 6th
Councilman District of the City of South Bend, Indiana.
SECTION N. This Ordinance shall be in full force and effect 30 days from and after its passage by the
Common Council, approval by the Mayor, and legal publication.
/~
MEMBER OF THE MMON COUNCIL
i
Attest:
'ty Cl k
Presented by me to the Mayvr of the City of South Bend, Indiana on the 1 ~ -~~ day of
2 0~° , at L`-o~ o'clock_~. m.
City Clerk
Approved and signed by me on the ~3 day of ~~ , 2~,
at~_ o'clock a...m.
Mayor, City o uth Bend, Indiana
1 st READING 2-~ j _~~
PU6LIC HEARING 3-2.~"~~4
3 rd READING ~ ~~ '~°
NOT APPROVED
P.EFL-~ RED
asSED ~-- ~0 -Ob
Fited to Glert~'S Office
F E ~ - ~ Zaob
JOIiN VOOFi4E
CfTY CLEnK~ S0. BEtID, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
10-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS
OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP
CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6 KENDALL
WEISS, L.L.P. 21000 BLOCK, SOUTH SIDE OF KERN ROAD
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Karen L. White
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION
INTO THE CITY OF SOUTH BEND. INDIANA
I (We) the undersigned, make application to the Common Council of the City of South
Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana,
for land in Centre Township, St. Joseph County, Indiana, and in support of which
Petition allege(s) and affirm(s) as follows:
1) (UWe) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a
parcel of land more particularly described in Exhibit "A" and shown on
Exhibit "B", both attached hereto.
2) Petitioner(s) desire that the parcel be annexed to the City of South Bend,
Indiana by proper ordinance.
3) That this Petition is signed by at least (CHECK ONE):
_a. one-hundred percent (100%) of the owners of the land in the
territory sought to be annexed;
OR
_b. fifty-one percent (51 %) of the owners of the land in the territory
sought to be annexed; OR
X c. the owners of seventy-five percent (75%) of the total assessed
value of the land for property tax purposes.
4) The property sought to be annexed is generally located at:
The western terminus of De Luna Way and lying approximately 1,000 feet
south of Kern Road.
5) The Property Tax Key Number is: 01-1003-0055.02
6) That the name and address of the contingent purchaser(s), if applicable,
is/are:
Not Applicable
The parcel is 69.937 acres in size and currently has the following use(s)
on it:
Open and vacant property containing several wooded areas. The site also
includes the eastern half of an abandoned 99-foot wide Penn Central
railroad corridor. The current county zoning designation is "R"
Residential.
7) That the parcel will be used for the following use(s):
Single-Family Residential Subdivision to be zoned "SF1" Single-Family
Residential upon annexation.
The signature(s) of all property owner(s), or Attorney for all property owner(s)
Signed: ~~
Address:~a-P ~S~ ~~-~ r ~.l ~`
Phone Number: a..3~t--~3`7~ ,c~- ~3
Name, Address & Phone Number of Contact Person/Preparer (Please print):
Derek J. Spier, A.I.C.P.
Planner
Abonmarche Consultants, L.L.C.
750 Lincoln Way East
South Bend, IN 46601
(574) 232-8700
EXHIBIT "A"
LEGAL DESCRIPTION:
A PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST
ALONG THE EAST LINE OF SAID SECTION 3, A DISTANCE OF 1000.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 16
MINUTES 41 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 3, A
DISTANCE OF 2315.87 FEET; THENCE NORTH 88 DEGREES 53 MINUTES 03
SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 3, A DISTANCE OF 1373.03 FEET TO THE
CENTER LINE OF PENN CENTRAL RAILROAD RIGHT-OF-WAY
(ABANDONED); THENCE NORTH 00 DEGREES 22 MINUTES 51 SECONDS EAST
ALONG SAID CENTERLINE, A DISTANCE OF 2295.34 FEET; THENCE SOUTH 89
DEGREES 46 MINUTES 25 SECONDS EAST, PARALLEL WITH THE NORTH
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF
1319.76 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL
CONTAINING 69.911 ACRES, MORE OR LESS;
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT-
OF-WAY OF RECORD.
NW COR. OF THE NE 1/4 OF SEC. 3. T36N, R2E
FD HARR. MON.(+0.0)
SPC VALUE Of HARR. MON.:
N: 2317299.7940
E: 159710.0330
SPC 472 LIES 0.41' N & 0.16' W OF HARR. MON.
589'46'25~E 2665.43'(M)
- // 589'S1'S4'E 2384.41'(M)
NORTH LINE OF THE NE 1/4 OF SEC. 3, T36N, R2EJ / /
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EXHIBIT B s
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I
~ LEGAL DESCRIPTION: ~
I
A PART OF THE NORTHEAST QUARTER OF SECTION 3, to
TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY Iz
DESCRIBED AS FOLLOWS: I
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH 00 DEGREES 16 MINUTES 41
SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 3, A
DISTANCE OF 1000.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 16 MINUTES 41
SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 3, A
DISTANCE OF 2315.87 FEET; THENCE NORTH 88 DEGREES 53
MINUTES 03 SECONDS WEST, PARALLEL WITH THE SOUTH LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE
OF 1323.03 FEET TO THE CENTER LINE OF PENN CENTRAL
RAILROAD RIGHT-OF-WAY (ABANDONED); THENCE NORTH 00
DEGREES 22 MINUTES 51 SECONDS EAST ALONG SAID
CENTERLINE, A DISTANCE OF 2295.34 FEET; THENCE SOUTH 89
DEGREES 46 MINUTES 25 SECONDS EAST, PARALLEL WITH THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3,
A DISTANCE OF 1316.76 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED PARCEL CONTAINING 69.911 ACRES, MORE OR
LESS;
SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, AND
RIGHT-OF-WAY OF RECORD.
LEGEND
IRS 5/8' /REBAR SET W/ CAP STAMPED
'ABONMARCHE FlRM /0050
IRF FERROUS ROD FOUND
RRSF RAILROAD SPIKE FOUND
PKF PARKER KALON NAIL FOUND
IPF FERROUS PIPE FWND
PPF PINCHED-TOP FERROUS PIPE FOUND
(M) MEASURED DATA
(R) RECORDED DATA
(C) CALCULATED FROM RECORD OR MEASURED DATA
R/W RICHT OF WAY
INSTR. INSTRUMENT '
0 DIAMETER OF MONUMENT AT SURFACE
C/L CENTERLINE
RC RECORO CORNER
RL RECORD LINE
(f0.0') RELATIONSHIP OF MONUMENT TO GROUND SURFACE
ENC. ENCROACHMENT
~ FWND MONUMENT
OIRS SET 5/8' REBAR & CAP RUSH
D.R. BOOK DEED RECORD BOOK
-X-X- FARM FIELD TYPE FENCE
4d UTLItt POLE
WCP WOOD CORNER POST
SPC STATE PLAN COORDINATE
FFTF FARM FlELD TYPE FENCE W/ BARBED WRE
CLTF CHAIN LINK TYP FENCE
SW COR. OF THE SW 1/4 OF
SEC. 35-T37N-R2E
5/B~ I IRF (-0.1)
SPC VALUE OF IRF:
N: 231729},7710
E: 162094.2710
2: 825.00
SPC 231 LIES 0.03' W OF IRF
KERN ROAD
EAST - }66.2' (R) i WEST i ITEST i WEST
130.42' (4)1 1100' (4)1130 a2' (4)I
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S 89'46'25 E - 1318.76' (M)
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2.41' N DF RL `DOWNED WIRE FENCE
P.O.C.
NW COR. OF THE NW 1/4 OF
SEC. 2-T36N-R2E
I FD RRSP(-0.2)
SPC VALUE OF RRSP:
I N: 2317293.2870
E: 162375.9560
SPC LIES -_' S h ~_' E
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SEC. 'A' ____~_____J______L_____1_____.
DE LUNA WAY
1______r_____T______~_____r_____I______
GATE ACCESS KERNI ROAD ESTATES SEC. Q I
~INSi /)861 ]8
23 i 22 21 ~
FD IRON PIPE 1
16.60' N & 0. 3' r ___ ______L____~______~_____._____~______
OF RC r ___`____________ ________________________.
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R2E
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IRON PIPE
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RC
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WEST - 1211' (R)
FD s/e' m 9.5 N 86'53'03' W - 1323.03' (M) IRS
REBAR(-O.1) .84' N N 89' SJ' 48" E - 639.9J' (R) ~ ~ WEST - 631.]0 ~2
OF RC ON RL ; .,I ( i FD ANGLE IRON
I ~ Sn I p ~i POST(+4') 1.24' N k
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ml~ _,1 2.66' W OF RC
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µ i SEC. 3-T36N-R2E
FD HARR. MON.(+0.0) i i i0 i 1'0 PPF(-0.1')
SPC VALUE OF HARR. MON.: I U) I T SPC VALUE:
I i p N:2311981.1350
N: 23120}2.9650 I ; E:162349.7140
E: 159685.4870 ~ I
588'53'03 E 2664.71 (M~ --- - - - - _ /` _ _
ROOSEVELT ROAD SOUTH LINE OF THE SE 1/4 OF SEC. 3-T36N, R2E