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HomeMy WebLinkAboutFiscal Plan for Stadium Place Phase II Annexation Area in Clay TownshipRES®LUTION 4062-10 Passed by the Common Council of the City of South Bend, Indiana October 25, 10 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 26, Approved and signed by me 20 10 . City Clerk 20 10 October 26, RESOLUTION NO. ~ `~ ~°~'' ~ ~ ~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STADIUM PLACE PHASE II ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.04 acres of land containing single family structures, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue). It is anticipated that the annexation area will be developed for one, three-story, multi-family buildings with a total of 21 units. This development will require a basic level of municipal public services of anon-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of anon-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of anon-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 IN THE _ RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00E FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70E FEET MORE OR LESS; THENCE WEST 60.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40 FEET MORE OR LESS; THENCE EAST 60.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47E FEET MORE OF LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is declared now and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following condition: the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Furthermore, it is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the conditions set forth in this Section IV may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. Member, South Bend Common Council PF:ESEN7ED ~ ~'~ L~ NOT, APP~OVEG ~CDOPTED ~, ~ ~~$ ' ~~ ~ ~i~^'.~ X11 ~~v!"~'S ~$f{~8 O CT 1 3 2010 JOHN VOORDE CITY CLE~;~, S0. DEP2D,1N. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STADIUM PLACE PHASE II ANNEXATION AREA 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. Ann Puzzello Chairperson, Committee of the Whole THE CITY OF SOUTH BEND FISCAL PLAN STADIUM PLACE PHASE II.ANNEXATION AREA Stephen J. Luecke -Mayor South Bend Ciro Council Derek Dieter Henry Davis Jr. Tom LaFountain rnn Puzzello David Varner Oliver Davis r~l Kirsits Timothy Rouse Karen White Prepared By: Division of Communit}~ Development 227 W. Jefferson Blvd. Suite 1200 N South Bend, IN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" September 2, 2010 P 0CT 1 3 2010 ~~tara v~o~~c cir. c~ ~~~, so. s~r~o, iu. Stadium Place Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION ............................................................. 3 SECTION II. GENERAL DATA ............................................................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES .................................................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT .............................................................. 12 Fiscal Impact: TABLE 1 ........................................................... 13 SECTION VI. APPROVAL ....................................................................... 14 Tax Rate Information: TABLE 2 ....................................................... 15 Legal Description :.......................................................................... 16 Map: MAP 1 ..................................................................................... 17 Stadium Village Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance Please note that this Fiscal Plan has been revised to reflect changes in the size of the Annexation Area per the petitioner's request. 54739 Willis Avenue was removed from the Annexation Area. It is anticipated that this property will be annexed at a later date for inclusion into the overall Stadium Place development. SECTION II. GENERAL DATA A. Location The Annexation Area is generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue) See Map 1. B. Legal Description The Annexation Area is part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana. For a complete legal description see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 28.4% Non-Contiguous 71.6% Total 100% D. Size of Annexation Area The Annexation Area is 1.04 acres in area. E. Buildings and Land Use Stadium Village Annexation Area 4 The properties are currently single-family residential in the County. F. Zoning & Subdivisions Stadium Place Developers LLC are seeking annexation and rezoning to Planned Unit Development ~~PUD" into the City for the purposes of receiving municipal services for the development of 21 rental units in one three-story buildings. This is in addition to three existing structures, with 90 rental units, in the City that are included in the PUD rezoning. G. Population Per developer plans, it is anticipated that a minimum of 42 residents will reside in the Annexation Area. H. Tax Rate Per HEA 1001 the tax rates caps for different classifications of property are as follows regardless of being within South Bend or unincorporated St. Joseph County: Pro ert T e 2009 After 2009 Homestead 1.5% 1.0% Non-Homestead Residential 2.5% 2.0% A ricultural 2.5% 2.0% Other commercial 3.5% 3.0% I. Assessments 2009 payable 2010, St. Joseph County Auditor property tax records: Land and Improvements Net: $206,900 J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this Annexation. Stadiun2 Village Annexation Area S SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A ten inch diameter public sanitary sewer was installed in Vaness Street during the construction of the Stadium Village development. Four 6 inch diameter sewer taps were included in that work. The Phase II development will use these taps to connect to the existing sanitary sewer. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. Water -The South Bend Water Works currently has a 6" main on the west side of Willis Avenue that will provide sufficient capacity for the annexation area Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22- 2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting -The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. Waivers of Annexation - No waivers of annexation are in effect for the Annexation Area. Streets - No new public streets have been proposed for this development. Approximately 270 feet of Willis Avenue will be annexed. Thus, 400 feet of the street will be within the City. Maintenance of this street segment will be included in the working agreement between South Bend and Saint Joseph County to share routine maintenance activity on boundary areas. Drainage P/an -Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. General Budget Analysis 2008 Actual Budget Report for the Department: Expenditures: $6,303,240 Miles of Roadway in City: @480 Cost per Mile: @$13,131.75 New Mileage within Area: @.007miles (feet) Estimated Maintenance cost for Annexation Area per year: @$92 B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond Stadium Village Annexation Area 6 the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: $27,354,426 Number of Households in City (2000): @42,908 Cost per Household: @637.51 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$562 Proposed Number of Households in Area: 21 Number of new Parcels: 2 Cost for Annexation Area per year: $1,124 (2 parcels x $562 cost /parcel) C. Fire Department Fire Response -The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 2.9 miles away and Fire Station # at 2520 Mishawaka Ave., which is approximately 3.00 miles away and Fire Station #1 at 1222 S. Michigan which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Emergency Medical Response -The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222 S. Michigan St. Stadium Village Annexation Area 7 Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area Number of new Parcels: Cost for Annexation Area per year: Fire Deoartment EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 @$509 @$24 @$33 @48,685 @$448 @$21 @$117 21 2 $896 $42 $234 Total Per Year Cost: $1,172 D. Code Enforcement The Annexation Area will be added to Area 4. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $94 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste -Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain multi-family residential units. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Stadium Village Annexation Area 8 Tri-plex: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayors office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County/South Bend Building Department are some of the county-wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. Stadium Village Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses. City P/an, South Bend's comprehensive plan, notes that Land use relationships, pedestrian movement/safety and vehicular site access are important elements to be addressed in developments of all kinds. City P/an also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City's commitment to development and design of the highest quality. Land Use-Transportation Analysis Just to the north is the site of the large scale condo development of Irish Crossings in unincorporated St. Joseph County. Properties to the south, east, and west of the Annexation Area also feature recently developed medium to high density condo and rental units. The busy State Road 23 commercial corridor is just east of the Annexation Area. The plans that have been unveiled represent one distinctively designed 3-story building totaling 21 units, which will complement the existing three building with 90 units at Stadium Place. The buildings set-backs and massing are appropriate for the area, and enclose an interior parking area from view. Due to the close proximity of the University of Notre Dame, it is anticipated that additional requests to build medium density residential and limited mixed-use development will occur in areas north of the annexation area. The City Plan Land Use Map notes that the area between Willis and Ivy Road should be used for medium density residential development. Given the surrounding zoning and development patterns, the proposed °PUD" zoning classification request is appropriate for the annexation area. However, more detailed land use planning is needed for areas to the north of Vaness Street to ensure that future development occurs in an appropriate fashion. Development Criteria If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas. The building materials, set-backs and other site elements and amenities for the proposed developments within the annexation area appear to honor neo-traditional design fundamentals. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard the annexation and rezoning is subject to the following conditions: 1) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Stadium Village Annexation Area 10 Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Stadium Village Annexation Area _ ~ 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Property tax revenues based upon full implementation of HEA 1001. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. Stadium Village Annexation Area 12 TABLE 1 Summary Table s Estimated Fiscal Impact Expenditures Capital (est.) Non -Capital 5-Year Per Year (est.) Sewer Extension $0.00 To be installed by $0.00 developer Water Extension $0.00 To be installed by $0.00 developer To be Street Lights $0.00 installed by $0.00 developer Police $0.00 $1,124 $5,620 Fire &EMS $0.00 $1,172 $5,860 Code $0.00 $94 $470 Street Maintenance 0.00 $92 $460 Street Construction $0.00 To be installed by $0.00 developer Approximate 5-Year Cost $12,410.00 Revenues Tax Year @ Property Taxes unincorporated (est) (year 1; 2011) 06/09 $42,000 (year 2; 2012) 07/10 $84,000 (year 3; 2013) 08/11 $126,000 (year 4; 2014) 10/12 $168,000 (year 5; 2015) 11/13 $210,000 Note: All Revenues estimated & cumulative MVH/LRSA estimated from revenue/mile X 5 years $429 @$11,340 Total $210,429 A. Revenue estimate based on $100,000 average per unit assessed value for 21 rental units, taxed at two percent of assessed value. Stadium Village Annexation Area 13 B. Total estimated assessed value: $2,100,000 (21 x $100,000.00) C. Total estimated per year tax revenue: $42,000 ($2,100,000 x 0.02) Stadium Village Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2010. OCT 1 3 2010 JG'riJ VGvnCE CITY C[.Erli;, ~G. ~ai~D, !N. Stadium Village Annexation Area 1 S LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00 FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70 FEET MORE OR LESS; THENCE WEST 60.00E FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40E FEET MORE OR LESS; THENCE EAST 60.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47 FEET MORE OF LESS; THENCE WEST 356.00E FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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