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HomeMy WebLinkAbout9713-06 Annexation Eddy, Ivy, Edison - University of Notre Dame DU LAC - District 4ORDINANCE No. 9713-06 Passed by the Common Council of the Ciry of South Bend, Indiana November 13, Attest: Attest:. Presented by me to the Mayor oftlre Ciry ofSoutlr Bend, Indiana November 14, 06 20 City Clerk ~L2 President of Common Council Ciry Clerk Approved and signed by me ~aovembe r 14, 20 06 20 06 ~~~ ~Gc,~-ems' ~_ M~'~' ORDINANCE NO. 1 13 `OHO 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 CERTAIN PROPERTY GENERALLY LOCATED EAST OF EDDY STREET, WEST OF IVY ROAD AND SOUTH OF (AND INCLUDING) EDISON ROAD (AS RE-ALIGNED) IN PORTAGE TOWNSHIP AND CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT N0.4 Name of Petition: UNIVERSITY OF NOTRE DAME DU LAC Common Address: Property generally located East of Eddy Street, West of Ivy Road and South of Edison Road (including roadway right- of-ways) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of approximately 26.20 acres located in Portage 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 this Ordinance to annex this temtory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW 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-eighth (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 SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, AND A PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 31 AND THE EAST RIGHT-OF-WAY LINE OF IVY ROAD EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE A DISTANCE OF 52.20 FEET MORE OR LESS TO A POINT; THENCE WEST A DISTANCE OF 70 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SAID IVY ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD AS SAID NORTH LINE IS SHOWN ON A SET OF EDISON ROAD RE-ALIGNMENT ROAD PLANS PREPARED FOR THE UNIVERSITY OF NOTRE DAME, BY THE DLZ INDIANA, LLC AND KNOWN AS PROJECT NO. 04612558, DATED, FEBRUARY 25, 2005 AND AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE BY DOCUMENT NO. 0537239; THENCE WEST ALONG THE NORTH LINE OF EDISON ROAD AS SHOWN ON SAID PLANS A DISTANCE OF 168.29 FEET MORE OR LESS TO STATION NO. 85+20.00 ON SAID PLANS; THENCE CONTINUING WEST A DISTANCE OF 175.61 FEET MORE OR LESS TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE AS SAID DRIVE IS SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ALONG SAID WEST LINE A DISTANCE OF 34.15 FEET MORE OR LESS TO STATION NO. 83+28.3 ON SAID PLANS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF RE-ALIGNED EDISON ROAD SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ON SAID NORTHERLY LINE A DISTANCE OF 59.40 FEET MORE OR LESS TO STATION NO. 82+68.90 ON SAID PLANS; THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE LEFT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 543.90 FEET MORE OR LESS TO STATION NO. 77+50.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 99.90 FEET MORE OR LESS TO STATION NO. 76+50.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 39.84 FEET MORE OR LESS TO STATION NO. 76+10.56 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 89.92 FEET MORE OR LESS TO STATION NO. 75+20.64 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 102.39 FEET MORE OR LESS TO STATION NO. 74+18.25 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 73+18.75 ON SAID PLANS; THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE RIGHT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 282.00 FEET MORE OR LESS TO STATION NO. 70+32.90 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 69+33.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 55.60 FEET MORE OR LESS TO STATION NO. 68+77.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 86.70 FEET MORE OR LESS TO STATION NO. 67+91.10 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 94.30 FEET MORE OR LESS TO STATION NO. 66+96.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 95.10 FEET MORE OR LESS TO STATION NO. 66+01.70 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, WESTERLY A DISTANCE OF 509.40 FEET MORE OR LESS TO STATION NO. 60+92.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 100.00 FEET MORE OR LESS TO STATION NO. 59+92.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 55.70 FEET MORE OR LESS TO STATION NO. 59+36.60 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 51.60 FEET MORE OR LESS TO STATION N0.58+85.00 ON SAID PLANS; THENCE CONTINUING WESTERLY A DISTANCE OF 130 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 6 AND ALSO THE CENTERLINE OF EDDY STREET AND THE PRESENT CITY LIMITS OF SOUTH BEND AS DESCRIBED IN ORDINANCE NO. 3993-54; THENCE SOUTH ALONG SAID CENTERLINE AND PRESENT CITY LIMITS LINE AS DESCRIBED IN SAID ORDINANCE A DISTANCE OF 371 FEET MORE OR LESS TO THE EXISTING NORTHERN CITY LIMITS LINE DESCRIBED IN ORDINANCE NO. 1574; THENCE EAST A DISTANCE OF 2043 FEET MORE OR LESS ALONG SAID NORTHERLY LINE TO POINT WHICH IS WEST A DISTANCE OF 625 FEET FROM THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH PARALLEL TO AND 625 FEET DISTANCE FROM SAID NORTH AND SOUTH CENTERLINE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-06 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN PROPERTY GENERALLY LOCATED EAST OF EDDY STREET, WEST OF IVY ROAD AND SOUTH OF AND INCLUDING EDISON ROAD (AS RE-ALIGNED) IN PORTAGE TOWNSHIP AND CONTIGUOUS THEREWITH COUNCILMANIC. DISTRICT NO. 4, UNIVERSITY OF NOTRE DAME DU LAC 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 Chairperson A DISTANCE OF 159 FEET MORE OR LESS TO A POINT WHICH IS 200 FEET DISTANT AND PERPENDICULAR TO THE CENTERLINE OF SOUTH BEND AVENUE, SAID POINT ALSO BEING THE NORTHERLY CITY LIMIT LINE DESCRIBED IN ORDINANCE NO. 2595; THENCE NORTHEASTERLY ALONG THE NORTHERLY CITY LIMIT LINE DESCRIBED IN SAID ORDINANCE 2595 A DISTANCE OF 730 FEET MORE OR LESS TO THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTERLINE A DISTANCE OF 230 FEET MORE OR LESS TO THE NORTH LINE OF SAID SECTION 6; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 251 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 26.20 ACRES MORE OR LESS. 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. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the real estate described in Section I above, with the exception of all adjacent rights-of--way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as "U" University District (as more particularly described in Article 6, Section 21-06.02 of the City of South Bend Zoning Ordinance); provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. 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 COMMON COUN L Attest: City Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of • ~ 0~ - 2006, at C~,~X-~ City Cl r ~,~ ~`~ , Approved and signed by me on the ~~ day of ~"~ , 2006, at ~.30 o'clock. m. 1st READING ~- ~ ~^ 0 PUBLIC HEARING ~ 0-L3 --v~O 3 rd READING NOT APPROVED REFERRED A ~p- ~-t ~~~©~ PASSED ~ 1 - ~ 3 ~a Filed In Cl~rl~'~ Office AUG - 7 2000 JOHN VOOEtDE CITY CLERK, S0.8EP1D, IN. City df~6uth Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA The undersigned makes 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, and for the zoning of that land in Portage Township, St. Joseph County, Indiana, and in support of which Petition alleges and affirms as follows: 1) The undersigned is the owner (hereinafter "Petitioner") of land more particularly described in Exhibit "A". 2) Petitioner desires that the property identified in Exhibit "A," including adjacent rights-of--way, be annexed to the City of South Bend, Indiana, and that such property (exclusive of the rights-of- way) be granted a zoning designation as herein requested, both by proper ordinance. 3) That 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 and rezoned is located: East of Eddy Street, West of Ivy Road and South of Edison Road (as re-aligned, including the roadway right-of-ways) in Portage Township, St. Joseph County. 5) The Property Tax Key Number(s) is: A portion of Property Tax Key Nos.: 18-5102-3579 and 17-1017-0406. 6) The name and address of the property owner of the petition site is: University of Notre Dame du Lac 7) The name and address of the contingent purchaser(s), if applicable, is/are: N/A 8) The parcel is approximately 26.20 acres in size and currently has the following use(s) on it: The subject parcel is undeveloped and serves as general campus grounds of the University of Notre Dame. 9) Number of people currently residing on the property: None 10) It is desired and requested that the petition site be rezoned: From St. Joseph County zoning classification: "U" University District To City of South Bend zoning classification: "U" University District for the following use(s): any such uses as are permitted under the "U" University District described in Section 21-06.02 of the City of South Bend Zoning Ordinance. •~, PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA (Cont.) 11) The anticipated "build-out" year for the project: N/A 12) The proposed number of lots: N/A 13) The proposed mileage of new roadways: N/A 14) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit `:4 "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition property. 15) The signature(s) of all property owner(s), or Attorney for all property owner(s): PETITIONER UNIVERSITY OF NOTRE DAME DU LAC Jam J L ho Vice resident~f r Business Operations University of Notre Dame 415 Main Building Notre Dame, IN 46556 (574)631-6666 14) Name, Address & Phone Number of Contact Person/Preparer (Please print): REPRESENTATIVES: Richard L. Mintz Philip J. Faccenda, Jr. Richard J. Deahl Bames & Thornburg LLP 100 North Michigan Street, Suite 600 South Bend, Indiana 46601 (574) 237-1131 Filed nl CleYl~'s O~fiice a~~r - ~ 2005 JOHN VOORDE CI'r( CLEEIK, S0. BEND, Ik. EXHIBIT A LEGAL DESCRIPTION A PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, AND A PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 31 AND THE EAST RIGHT-OF-WAY LINE OF IVY ROAD EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE A DISTANCE OF 52.20 FEET MORE OR LESS TO A POINT; THENCE WEST A DISTANCE OF 70 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SAID IVY ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD AS SAID NORTH LINE IS SHOWN ON A SET OF EDISON ROAD RE-ALIGNMENT ROAD PLANS PREPARED FOR THE UNIVERSITY OF NOTRE DAME, BY THE DLZ INDIANA, LLC AND KNOWN AS PROJECT NO. 04612558, DATED, FEBRUARY 25, 2005 AND AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE BY DOCUMENT NO. 0537239; THENCE WEST ALONG THE NORTH LINE OF EDISON ROAD AS SHOWN ON SAID PLANS A DISTANCE OF 168.29 FEET MORE OR LESS TO STATION NO. 85+20.00 ON SAID PLANS; THENCE CONTINUING WEST A DISTANCE OF 175.61 FEET MORE OR LESS TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE AS SAID DRIVE IS SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ALONG SAID WEST LINE A DISTANCE OF 34.15 FEET MORE OR LESS TO STATION NO. 83+28.3 ON SAID PLANS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF RE-ALIGNED EDISON ROAD SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ON SAID NORTHERLY LINE A DISTANCE OF 59.40 FEET MORE OR LESS TO STATION NO. 82+68.90 ON SAID PLANS; THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE LEFT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 543.90 FEET MORE OR LESS TO STATION NO. 77+50.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 99.90 FEET MORE OR LESS TO STATION NO. 76+50.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 39.84 FEET MORE OR LESS TO STATION NO. 76+10.56 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 89.92 FEET MORE OR LESS TO STATION NO. 75+20.64 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 102.39 FEET MORE OR LESS TO STATION NO. 74+18.25 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 73+18.75 ON SAID PLANS; THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE RIGHT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 282.00 FEET MORE OR LESS TO STATION NO. 70+32.90 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 69+33.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 55.60 FEET MORE OR LESS TO STATION NO. 68+77.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 86.70 FEET MORE OR LESS TO STATION NO. 67+91.10 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 94.30 FEET MORE OR LESS TO STATION NO. 66+96.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 95.10 FEET MORE OR LESS TO STATION NO. 66+01.70 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, WESTERLY A DISTANCE OF 509.40 FEET MORE OR LESS TO STATION NO. 60+92.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 100.00 FEET MORE OR LESS TO STATION NO. 59+92.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 55.70 FEET MORE OR LESS TO STATION NO. 59+36.60 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 51.60 FEET MORE OR LESS TO STATION NO. 58+85.00 ON SAID PLANS; THENCE CONTINUING WESTERLY A DISTANCE OF 130 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 6 AND ALSO THE CENTERLINE OF EDDY STREET AND THE PRESENT CITY LIMITS OF SOUTH BEND AS DESCRIBED IN ORDINANCE NO. 3993-54; THENCE SOUTH ALONG SAID CENTERLINE AND PRESENT CITY LIMITS LINE AS DESCRIBED IN SAID ORDINANCE A DISTANCE OF 371 FEET MORE OR LESS TO THE EXISTING NORTHERN CITY LIMITS LINE DESCRIBED IN ORDINANCE NO. 1574; THENCE EAST A DISTANCE OF 2043 FEET MORE OR LESS ALONG SAID NORTHERLY LINE TO POINT WHICH IS WEST A DISTANCE OF 625 FEET FROM THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH PARALLEL TO AND 625 FEET DISTANCE FROM SAID NORTH AND SOUTH CENTERLINE A DISTANCE OF 159 FEET MORE OR LESS TO A POINT WHICH IS 200 FEET DISTANT AND PERPENDICULAR TO THE CENTERLINE OF SOUTH BEND AVENUE, SAID POINT ALSO BEING THE NORTHERLY CITY LIMIT LINE DESCRIBED IN ORDINANCE NO. 2595; THENCE NORTHEASTERLY ALONG THE NORTHERLY CITY LIMIT LINE DESCRIBED IN SAID ORDINANCE 2595 A DISTANCE OF 730 FEET MORE OR LESS TO THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTERLINE A DISTANCE OF 230 FEET MORE OR LESS TO THE NORTH LINE OF SAID SECTION 6; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 251 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 26.20 ACRES MORE OR LESS. August 2, 2006 Richard J. Deahi Barnes & Thornburg 600 1st Source Bank Center South Bend, Indiana 46601 RE: Our File No. 2451 SO6 Dear Richard J. Deahl: Pursuant to your request we have made a search of the records of County, ,with reference to the ownership of the real estate lying within 300 feet of the area shown on the enclosed map, and find the present owners to be: KEY NO. NAME AND ADDRESS 17-1017-0406 Univ. of Notre Dame Du Lac 836 Grace Hall Notre Dame, 1N.46556 17-1023-0447 Univ. of Notre Dame Du Lac C/O Admin. Bldg. General Accting Office Notre Dame, IN 46556 17-1023-044706 Priests of Holy Cross Indiana Province Inc 836 Grace Hall Notre Dame, IN 46556 02-1022-0505 Univ. of Notre Dame Du Lac C/O Admin Bldg. General Accting Office Notre Dame, IN 46556 02-1022-050401 Notre Dame University Attn; Angel Miller 824 Grace Hall Notre Dame, IN 46556 02-1022-0504 Univ. of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN 46556 02-1105-5300 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN 46556 02-1105-530301 Herman J. and Betty J. Krizmanich 54165 Willis St. South Bend, IN. 46637 02-1105-530302 University of Notre Dame Du lac 415 Main Bldg. Notre Dame, lN. 46556 02-1105-530303 University of Notre Dame Du Lac C/O James Lyphout 307 Administration Building 836 Grace Hall Notre Dame, IN. 46556 24-1008-066801 Jamison Inn LLC °!° President 1404 North Ivy Rd. South Bend, IN. 46637 24-1008-066802 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066803 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN 46637 24-1008-066804 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN 46637 24-1008-066805 Jamison Inn LLC % President 1404 North Ivy Road South Bend,1N.46637 24-1008-066806 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN 46637 24-1008-066807 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066808 Jamison Inn LLC % President 1404 North Ivy Road South Bend,1N.46637 24-1008-066809 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066810 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend IN. 46637 24-1008-066811 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066812 Jamison Inn LLC °!o President 1404 North Ivy Raad South Bend, IN. 46637 24-1008-066813 Jamison Inn LLC ATfN: President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066814 Jamison Inn LLC % President 1404 North ivy Road South Bend, IN. 46637 24-1008-066815 Jamison Inn LLC °h President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066816 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066817 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066818 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066819 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066820 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066821 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066822 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066823 Jamison Inn LLC ATTN: Manager 1404 North Ivy Road South Bend, IN. 46637 24-1008-066824 Jamison Inn LLC % President 1404 North Ivy Road South Bend, IN. 46637 24-1008-066825 Jamison Inn LLC % Manager at Jamison Inn 1404 N. Ivy Road South Bend, IN. 46637 24-1008-066826 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066827 Jamison Inn LLC °~ Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066828 Jamison Inn LLC °~ Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066829 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066830 Jamison Inn LLC ~° Manager at Jamison inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066831 Jamison Inn LLC ~° Manager at Jamison Inn 1404 North ivy Road South Bend, IN. 46637 24-1008-066832 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066833 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066834 Jamison Inn LLC °~6 Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066835 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066836 Jamison Inn LLC % Manager at Jamison Inn -1404 North Ivy Road South Bend, IN. 46637 24-1008-066837 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066838 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066839 Jamison Inn LLC % Manager at Jamison Inn 1404 North lvy Road South Bend, IN. 46637 za-loos-ossaa0 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Raad South Bend, IN. 46637 24-1008-066841 Jamison Inn LLC °~, Manager at Jamison Inn 1404 North Ivy Raad South Bend, IN. 46637 24-1008-066842 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066843 Jamison Inn LLC °k Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066844 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend IN. 46637 24-1008-066845 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066846 Jamison Inn Partnership 1404 North Ivy Road South Bend IN. 46637 24-1008-066847 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066848 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066849 Jamison Inn LLC % Manager at Jamison Inn 1404 North Ivy Road South Bend, IN. 46637 24-1008-066850 Jamison Irtn Partnership 1404 North !vy Road South Bend, IN. 46637 24-1003-0571 Carmetla Rappels and John D. and Rosemary R. Mandrici and Leona Rappeii N. Each % Und Int As Tic 704 Peashway South Bend, IN. 46617 18-5151-5673 Patrick J & Judith Olivia A %: & Joseph A. and Phyllis A. Catanzarite'/: 54405 Old Bedford Tr. Mishawaka, IN. 46545 18-5151-5672 Patrick J. and Judith A Olivia %:8 Joseph A. and Phyllis A. Catanzarite %: 54405 Old Bedford Tr. Mishawaka, IN 46545 18-5146-5424 Offshore Engagement LLC 53779 Generations Or. South Bend, IN. 46635 18-5146-5425 Offshore Engagement LLC 53779 Generations Dr. South Bend, IN. 46635 18-5146-5426 George A. and Jenia Tschumakow 702 E. Mishawaka Ave. Mishawaka, IN. 46545 18-5146-5427 Mueller Living Trust UAD 03/19/2004 13725 Vista Doarada Dr. Salinas, CA. 93908 18-5146-5428 Richard C. Jr. and Michelle L. Artley 1308 White Oak Dr. South Bend, IN 46617 18-5146-5429 Rosemary Bella 1609 Oak Park Dr. South Bend, IN. 46617 18-5146-5430 Arthur and Frances O Leary 1617 Oak Park Dr. South Bend, IN. 46617 18-5146-5415 Patrick Stmeri Trustee of the Patrick Simerl Revocable Living Trust U/D/T subject to Patrick Simeris life estate in and to said real estate for the term of the life of said Patrick Simeri 52595 Willow Bend Rd. Granger, IN. 46530 18-5146-5416 Daniel Fontana A 2002 Trust 404 S. Lincoln Hinsdale, IL. 60521 18-5146-5417 Daniel Fontana A 2002 Trust 404 S. Lincoln Hinsdale, IL. 60521 18-5146-5418 John J. Jr. and Allean V. Harris 1248 N. Twyckenham Dr. South Bend, IN. 46617 18-5146-5419 Ardell and Vernetta Sanders 1242 N. Twyckenham Dr. South Bend, IN. 46617 18-5146-5420 Thomas M. Trinidad and Kinds C. Wilson 1311 White Oak Dr. South Bend, IN. 46617 18-5146-5421 Georgia Fields 1305 White Oak Dr. South Bend, IN. 46617 18-5193-7565 Terrence J. Kazmierczak 1239 N. Twyckenham Dr. South Bend, IN. 46617 18-5193-7566 Jaime Torres 1231 Twyckenham Dr. South Bend, IN. 46617 18-5193-7576 Corporation For Social 8 Educational Development 6321 N. Avondale Ste. A-215 Chicago, IL. 60631 18-5096-3394 Charles F and Mary B Nelson 1245 7wyckenham Dr. South Bend, IN. 46617 18-5096-3393 Charles F. and Mary Nelson 1245 N. Twyckenham Dr. South Bend, IN. 46617 t8-5096-3392 Joe Grabill and Tim Garrage 2410 N. Grape Rd. Ste. 100 Mishawaka, IN. 46545 18-5096-3391 Neil M. and Lorraine Macswain 8 Ryan Macswain 18-5096-3388 18-5096-3386 18-5096-3385 18-5096-3384 18-5096-3383 18-5102-3579 18-5123-439202 18-5123-439203 18-5123-439201 18-5123-439204 Respectfully, Frank A. Antonovitz Vice PresidenUSenior Counsel FAArm As Tic. 1444 South Bend Ave. South Bend, IN. 46617 Corporation For Social & Educational Development 6321 N. Avondale Ave. Chicago, IL. 60631 Louis M. Seago as Trustee of the Louis M. Seago Revocable Uving Trustcorp Mortgage Company Louis M. Seago is subject to a life estate 1426 South Bend Ave. South Bend, IN. 46617 Roberto A. Parisi 1412 South Bend Ave. South Bend, IN. 46617 Roberto A. Parisi 1412 South Bend Ave. South Bend, IN. 46617 Roberto A. Parisl 1412 South Bend Ave. South Bend, IN. 46617 University of Notre Dame 836 Grace Hatl Notre Dame, IN. 46556 Unlversity of Notre Dame Du Lac 830 Grace Hali Notre Dame, IN. 46556 The University of Notre Dame Du Lac % Otho Bendit 836 Grace Hall Notre Dame, IN. 46556 University of Notre Dame Du Lac c!o Otho Bendit 836 Grace Hall Notre Oame, IN. 46556 Trustees of Indiana University Indiana University Real Estate Dept. 530 E. Kirkwood Ave. Ste. 204 Bloomington, IN. 47408 e ~5 $h 6 ANNEXATION DIAGRAM SURVEY ORDERED BY: UNNERSfiY OF NOTRE DAME SURVEY GATED: 8/01/06 PROJECT NO.: 060227 ANNEXATION AREA 1 ` 11...fr,~1.1'.~-1fJ'I t.:l:-:'-~;w'a'1-n~e•I:•Is~ Je i ft+orr+~~o~---- ~ - .~ as i ~~ ~ Q f!'i ~ 1~ , tt' ; . I ---------------- ---i ~~ CURVE TAB LE NUM. RADIUS LENGTH C1 1,176.00' 543.90' C2 1,176.00 282.00 Q_ _AI~C~b ~l1'R@N ~ 140000 t@0, ~11G Land Surveyors Professional Engineers Landscape Architects• Land Planners OfFlCe: (374)234-4003 / (800)594-4003 • Fax: (574)234-4118 1643 Commerce Drive • South Bend, IN 46628 -~~Z 9plE 1'• S00' z /` ~ z ~ c~ _o N Lj ~`v ~G~' I~ ~ O I -r V x ~: (~ O u, ~ U ^~ U ANNEXATION DIAGRAM SURVEI' ORDERED BY: UNNERSITY OF NOIRE DAME SURVEY DATED: 8/01/06 PROJECT NO.: 060227 ANNEXATION LEGAL DESCRIPTION: A PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, AND A PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN ST. JOSEPH COUNTY, INDUWA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 31 AND THE EAST RIGHT-OF-WAY UNE OF IVY ROAD EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED UNE A DISTANCE OF 52.20 FEET MORE OR LESS TO A POINT; THENCE WEST A DISTANCE OF 70 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE WEST RIGHT-OF-WAY UNE OF SAID IVY ROAD WITH THE NORTH RIGHT-OF-WAY UNE OF EDISON ROAD AS SAID NORTH UNE IS SHOWN ON A SET OF EDISON ROAD RE-ALIGNMENT ROAD PLANS PREPARED FOR THE UNNERSiTY OF NOiRE DAME, BY THE OLZ INDIANA, LLC AND KNOWN AS PROJECT NO. 04612558, DATED, FEBRUARY 25, 2005 AND AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFlCE BY DOCUMENT N0. 0537239; THENCE WEST ALONG THE NORTH UNE OF EDISON ROAD AS SHOWN ON STUD PLANS A DISTANCE OF 168.29 FEET MORE OR LESS TO STATION N0. 85+20.00 ON SAID PLANS; THENCE CONTINUING WEST A DISTANCE OF 175.61 FEET MORE OR LESS TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TWYCKENHAM DRNE AS SAID DRNE IS SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ALONG SAID WEST UNE A DISTANCE OF 34.15 Fd7 MORE OR LESS TO STATION NO. 83+28.3 ON SAID PLANS, SAID POINT AL50 BdNG ON THE NORTHERLY UNE OF RE-ALIGNED EDISON ROAD SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ON SAID NORTHELRLY UNE A DISTANCE OF 59.40 FEET MORE OR LESS TO STATION N0. 82+68.90 ON SAID PLANS: THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-AL1GNd) EDISON ROAD AROUND A 1,176.00 F00T RADIUS CURVE TO THE LEFT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 543.90 FEET MORE OR LESS TO STATION N0. 77+50.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 99.90 FEET MORE OR LESS TO STATION N0. 76+50.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 39.84 FEET MORE OR LESS TO STATION N0. 76+10.56 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 89.92 FEET MORE OR LESS TO STATION N0. 75+20.64 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 102.39 FEET MORE OR LESS TO STATION NO. 74+18.25 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 73+18.75 ON SAID PLANS; THENCE CONiINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE RIGHT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 282.00 FEET MORE OR LESS TO STATION N0. 70+32.90 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 99.50 FEET MORE OR LESS TO STATION NO. 69+33.40 ON STUD PLANS; THENCE CONTINUING ALONG SAID NORTHELRLY LINE, NORT1WESTERLY A DISTANCE OF 55.60 FEET MORE OR LESS TO STATION NO. 68+77.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, NORTHWESTERLY A DISTANCE OF 86.70 FEET MORE OR LESS TO STATION N0. 67+91.10 ON SAID P1ANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOUTHWESTERLY A DISTANCE OF 94.30 FEET MORE OR LESS TO STATION NO. 66+98.80 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, SOIIfIiN~S'TERLY A DISTANCE OF 95.10 Fd=T MORE OR LESS TO STATION NO. 66+01.70 ON SAID PLANS: THENCE CONTINUING ALONG SAID NORTHERLY UNE, WESTERLY A DISTANCE OF 509.40 FEET MORE OR LESS TO STATION NO. 60+92.30 ON SAID PLANS; THENCE CONiINUING ALONG SAID NORTHERLY LINE, NORTHWESTERLY A DISTANCE OF 100.00 FEET MORE OR LESS TO STATION N0. 59+92.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, NORTHWESTERLY A DISTANCE OF 55.70 FEET MORE OR LESS TO STATION NO. 59+36.60 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY UNE, NORTHWESTERLY A DISTANCE OF 51.60 FEET MORE OR LESS TO STATION N0. 58+85.00 ON SAID PLANS; THENCE CONTINUING WESTERLY A DISTANCE OF 130 FEET MORE OR LESS TO THE WEST UNE OF SAID SECTION 6 AND ALSO THE CENid2UNE OF EDGY STREET AND THE PRESENT CiTY LIMITS OF SOUTH BEND AS DESCRIBED IN ORDINANCE NO. 3993-54; THENCE SOUTH ALONG SAID CENTERLINE AND PRESENT CiTY LIMITS LINE AS DESCRIBED IN SAID ORDINANCE A DISTANCE OF 371 FEET MORE OR LESS TO THE EXISTING NORTHERN CRY LIMITS UNE DESCRIBED IN ORDINANCE NO. 1574; THENCE EAST A DISTANCE OF 2043 FEET MORE OR LESS ALONG SAID NORTHERLY LINE TO POINT WHICH IS WEST A DISTANCE OF 625 FEET FROM THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH PARALLEL TO AND 625 FEET DISTANCE FROM SAID NORTH AND SOUTH CENTERLINE A DISTANCE OF 159 FEET MORE OR LLSS TO A POINT WHICH IS 200 FEET DISTANT AND PERPENDICULAR TO THE CENTERLINE OF SOUTH BEND AVENUE, SAID POINT ALSO BEING THE NORTHERLY CiTY UMR LINE DESCRIBED IN ORDINANCE NO. 2595; THENCE NORTHEASTERLY ALONG THE NORTHERLY CiTY LIMR LINE DESCRIBED IN SAID ORDINANCE 2595 A DISTANCE OF 730 FEET MORE OR LESS TO THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 6; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTERLINE A DISTANCE OF 230 FEET MORE OR UPS TO THE NORTH LINE OF SND SECTION 6; THENCE EAST ALONG SAID NORTH UNE A DISTANCE OF 251 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 26.20 ACRES MORE OR LESS. Land Surveyors Professional Engineers 2 Landscape Architects• Land Planners 2 OfRae: (374)234-4003 / (800)394-4003 • Fax: (374)234-4119 1843 Commerce Drive • Soulh Bend, IN 46628 ~w . w.~ I co C°3 ~ o C7 ~ w ~V LI LU c~ C1 t\ o ~ ' ~,~ I a- y s a:.: i21 o.. > v l:a G! cs