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HomeMy WebLinkAbout9688-06 Annexation Nimtz Parkway and Olive Road 1/8 Mile West of Bypass - Michiana Lutheran Association, Inc. & NICAD, Inc.ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 14, Attest: Attest: ~ec~n~ 20 06 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ August 1y, 06 20 JOHN Approved and signed by me ~-~uS~ ~b 20 ~~O City Clerk Mayior ORDINANCE NO. l ~O ~ D ~ ~O AN ORDINANACE 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 GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Michiana Lutheran Education Association, Inc. & NICAD, Inc. Nimtz Parkway and Olive Road just 1/8 mile west of the US-31 by-pass. STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 8.79 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sough 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: That part of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at a point of intersection of the North line of said Section 30 and the East line of the Northwest Quarter of the Northeast Quarter of said Northwest Quarter; thence S. 00°-00'-26" E. along said East line a distance of 664.01 feet more or less to the North line of the Plat of "Miller-Owens Minor Subdivision" as recorded in the Records of the St. Joseph County, Indiana, Recorder's Office; thence along the North line of said Plat and its Westerly extension the following three (3) courses, N. 89°-59'-13" W. (Rec. West), a distance of 511.48 feet more or less and S. 01°-25'- 54" W. a distance of 27.31 feet more or less and S. 90°-00'-00" W. a distance of 168.50 feet more or less to the West right-of--way line of Olive Road; thence N. O1°-21'-34" E. along said West line a distance of 256.65 feet more or less; thence N. 90°-00'-00" E. a distance of 168.50 feet more or less to the Westerly line of a Parcel of ground described in Deed Document No. 8834301 in the Records of said Recorder's Office; thence N. 00°-O1'-09" E. along said Westerly line and the Westerly line of a parcel of ground described in Deed Document No. 8800640 in the Records of said Recorder's Office a distance of 430.66 feet more or less to the North line of said Section 30; thence N. 89°- 42'-47" E. along said North line a distance of 511.39 feet more or less to the point of beginning. Containing 8.79 acres more or less. Subject to all legal highways, easements and restrictions 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. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Attest: ~-S M1 / V ' L MEMBER OFT OMMON COUNCIL 'ty Cle Presented by me to the Mayor of the City of South Bend, Indiana on the ~`~~ day of usl , 2006, at ~ `• ~ 3 o'clock ~~.m. ~~~~ City Clerk f~ n ~ Approved and assigned by me on the ~~ day of (~~ •c~-~~ , 2006, at(~= ~~ o'clock ~.m. Mayor, City of th Ben ------ ~~\.~,~~ Filed In Clerk's Office 1 st READING PU6LIC HEARING Z -Z-~(-~S° 3 rd READING ~-l ~(-~l' J(~~ ~ 7 20~D NOT APPROVED P,EEERRED ~ JONN VOORDE n ^, ~ QED ~ ~ ~ ~~' 0 Ct'tY CLERK, S0. BEND, tN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 36-06 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 GERMAN TOWNSHIP, CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT 1, MICHIANA LUTHERAN EDUCATION ASSOCIATION, INC. & NICAD, INC., NIMTZ PARKWAY AND OLIVE ROAD JUST 1/8 MILE WEST OF THE US-31 BY- PASS 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. Roland Kelly Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND. INDIANA 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 German Township, St. Joseph County, Indiana, and in support of which Petition allege as follows: 1) We are the owners (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioners desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least (CHECK ONE): X 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 _ 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: Nimtz Parkway, 1/8 mile west of 31 By-pass. 5) The Property Tax Key Number is: 04-1020-0336 04-1020-033405 04-1020-033403 6) The name and address of the contingent purchaser(s), if applicable, is/are: N/A 7) The parcel is 8.79 acres in size and currently has the following use on it: N/A 8) The parcel will be used for the following use: Grade school 9) The number of current residents in the annexation area: None. 10) The anticipated "build-out" year for the project: 2007 11) The proposed number of parcels: Currently 4; will be 1 12) The proposed miles of new roadways: N/A The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed. $.eA-Q~d_~ Ja ueli Sells Homann President, Michiana Lutheran Philip Mc lure President, NICAD, Inc. Educational Association Address: Michiana Lutheran Educational Association P.O. Box 2318 South Bend, IN 46680-2318 Phone 574-233-1194 Philip McClure 50638 Lilac Road South Bend. IN 46628 574-233-1194 Name, Address, Phone Number of Contact Person/Preparer (Please print): Jacqueline Sells Homann Attorney at Law 600 KeyBank Building 202 South Michigan Street Post Office Box 4577 South Bend, IN 46634 Phone: 574-233-1194 Filed In Clerk's ~f~ice JUN - 7 2006 dONPlVOORDE C17y CLERK, 50. BEND, tN• MAP 1 Michiana Lutheran Education Center Annexation Area