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