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HomeMy WebLinkAbout35-18 Annexation: A 229 acre tact of land north of the St. Joseph valley Parkway right-of-way, approximately 1150 feet from the inersection of the State road 23 and the St. Joseph Valley Parkway LAWRENCE P. MAGLIOZZI 1 \11[ 11i MR1 , 111R Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFER,tiON BLVD., ROOM 1140 COUNTY-CII-Y BUILDING, ,SOUTH BEND, INDIANA 46601 August 8, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building AUG 0 8 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE:A 229 acre tract of land north of the St.Joseph Valley Parkway right-of-way,approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway. APC# 2874-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your October 8th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. i erely, Jord Wyatt n Zoni Planer CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H CO U N T Y INDIAN A.C 0 N I A REAP L AN BILL NO. 35-18 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,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 229 ACRE TRACT OF LAND NORTH OF THE ST. JOSEPH VALLEY PARKWAY RIGHT-OF-WAY,APPROXIMATELY 1150 FEET FROM THE INTERSECTION OF STATE ROAD 23 AND THE ST.JOSEPH VALLEY PARKWAY, SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone a 229 acre tract of land north of the St. Joseph Valley Parkway right-of-way, approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway from A: Agricultural District in Unincorporated St. Joseph County to GI General Industrial District in South Bend. 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: PARCEL 1 The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter(1/4) of Section Numbered 21, Township Numbered Thirty-seven(37)North, Range Numbered 2 East, excepting therefrom the right- of-way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West, taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter(1/4) of Section Numbered 21, Township Numbered 37 North, Range 2 East, lying North of the Liberty Highway, for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. I. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way; thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast comer of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East, 210.0 feet;thence North 51 degrees 49 minutes West, 93.8 feet; thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. 1. and I. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 5 5 degrees 3 2 minutes East, 871. 9 feet to the point of beginning. PARCEL 2 The West One-Half(1/2) of the East One-Half(1/2) of Section Twenty-one (21)Township Thirty-seven(37)North, Range Two (2) East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows,viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21; thence North O degrees 0 minutes O seconds (bearing assumed) 1,532.08 feet;thence North 63 degrees 46 minutes 30 seconds West 237.33 feet;thence South 44 degrees 15 minutes West 466.60 feet; thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet; thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter; thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet;thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet;thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet; thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses; thence South 46 degrees 40 minutes West, 191. 7 feet; thence South 42 degrees 05 minutes West,251.9 feet;thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary;thence North 13 degrees 36 minutes East, 53.0 feet;thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet;thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West, 210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet; thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23; thence along said boundary with the following courses; thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road; thence North 64 degrees 30 minutes West, 220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet;thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet;thence South 35 degrees 16 minutes West, 99.3 feet; thence Southwesterly 197.5 feet along an arc to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet; thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet;thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees 05 minutes East, 399.9 feet; thence South 64 degrees 30 minutes East, 238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest comer of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana;thence Southerly 1899 .6 feet along the west line of said Quarter SectioB to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest comer of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Herny Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West(bearing assumed for this description) along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of-way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line, the first course being North 63 degrees 43 minutes 45 seconds West, a distance of 43.05 feet;thence North 64 degrees 17 minutes 38 seconds West, a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet; thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet; thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet; thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet; then North 53 degree 30 minutes 38 seconds West, a distrance of 105.35 feet to a point near the top of the Southerly bank of a private drainage ditch; thence for the next five courses along said top,the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet; thence North 86 degrees 31 minutes 01 seconds East, a distance of 5 7.3 0 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet;thence North 83 degrees 19 minutes 27 seconds East, a distance of 291.31 feet, to a point; thence North 89 degrees 24 minutes 59 seconds East, at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East, along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line, a distance of 87 .35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line, a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: f 0235679 Beginning at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89°24'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 (being a limited access right-of-way by deed); thence along said boundary by the following courses; South 40°33 '02 East, a distance of 69.83 feet; thence South 60° 1 1 '02" East a distance of 98.50 feet; thence South 44°06'02" East, a distance of 600.00 feet; thence South 44°06'02" East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44°53'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48" West; thence South 45°53'48" West, a distance of 304.30 feet; thence South 37°46'48" West, a distance of 202.50 feet; thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section;thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. PACEL 3 The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 7 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Qllarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right- of-way of the Indiana, Illinois and Iowa Railroad Company(New York Central Lines) across said land. ALSO: TRACT I: The West Halfof a five acre tract ofland, described, as the West Halfof the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, in St. Joseph County, Indiana. TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North, Range 2 East in St. Joseph County, Indiana. ALSO: The South Half(1/2) of the East Half(1/2) of the East Half(1/2) of said Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County, Indiana; more particularly described as follows: A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(Sl/2) of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(SU2) of the Southwest Quarter(SW 1/4), thence West 562.82 feet along the North line of the South Half(SU2) of the Southwest Quarter(SW 1/4)to the East right of way line of the NJ.I. &I. Railroad, thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section Sixteen(16), Township Thirty-seven(37)North,Range Two (2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana, Illinois and Iowa Railroad Company(New York Central Railroad Company). PARCEL 4 The Southeast Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast comer of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16, to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 22°18'50" West, 32.43 feet; thence North 90°00'00" East(assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16; thence North 30.00 feet to the point of beginning. Subject to legal highways. SECTION H. 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 part of the City of South Bend, Indiana. SECTION 111. Ordinance No. 9495-04, is 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: PARCEL 1 The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter(1/4) of Section Numbered 21, Township Numbered Thirty-seven(37)North, Range Numbered 2 East, excepting therefrom the right- of-way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West,taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter(1/4) of Section Numbered 21, Township Numbered 37 North, Range 2 East, lying North of the Liberty Highway, for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. 1. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way;thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast comer of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana;thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East, 210.0 feet; thence North 51 degrees 49 minutes West, 93.8 feet; thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. I. and 1. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 5 5 degrees 3 2 minutes East, 871. 9 feet to the point of beginning. PARCEL 2 The West One-Half(1/2) of the East One-Half(1/2) of Section Twenty-one (21) Township Thirty-seven(37)North, Range Two (2) East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows,viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21; thence North O degrees 0 minutes O seconds (bearing assumed) 1,532.08 feet; thence North 63 degrees 46 minutes 30 seconds West 237.33 feet; thence South 44 degrees 15 minutes West 466.60 feet; thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet; thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter; thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana;thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet; thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet; thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet; thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses;thence South 46 degrees 40 minutes West, 191. 7 feet; thence South 42 degrees 05 minutes West,251.9 feet;thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary;thence North 13 degrees 36 minutes East, 5 3.0 feet; thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet;thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West, 210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet;thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23; thence along said boundary with the following courses; thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road; thence North 64 degrees 30 minutes West, 220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet; thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet; thence South 35 degrees 16 minutes West, 99.3 feet;thence Southwesterly 197.5 feet along an arc to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet;thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet; thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees 05 minutes East, 399.9 feet; thence South 64.degrees 30 minutes East, 238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest comer of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1899 .6 feet along the west line of said Quarter SectioB to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest comer of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Herny Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West (bearing assumed for this description) along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of-way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line, the first course being North 63 degrees 43 minutes 45 seconds West, a distance of 43.05 feet;thence North 64 degrees 17 minutes 3 8 seconds West, a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet;thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet; thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet; thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet;then North 53 degree 30 minutes 38 seconds West, a distrance of 105.35 feet to a point near the top of the Southerly bank of a private drainage ditch; thence for the next five courses along said top, the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet; thence North 86 degrees 31 minutes 01 seconds East, a distance of 57.30 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet; thence North 83 degrees 19 minutes 27 seconds East, a distance of 291.31 feet,to a point; thence North 89 degrees 24 minutes 59 seconds East, at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East, along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line, a distance of 87 .35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line, a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: {0235679} Beginning at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89°24'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 (being a limited access right-of-way by deed); thence along said boundary by the following courses; South 4093 '02 East, a distance of 69.83 feet; thence South 60° 11 '02" East a distance of 98.50 feet; thence South 44°06'02" East, a distance of 600.00 feet; thence South 44°06'02" East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44°53'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48" West; thence South 45°53'48" West, a distance of 304.30 feet; thence South 37°46'48" West, a distance of 202.50 feet;thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section; thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. PACEL 3 The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 7 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Qllarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right- of-way of the Indiana, Illinois and Iowa Railroad Company(New York Central Lines) across said land. ALSO: TRACT I: The West Halfof a five acre tract ofland, described, as the West Halfof the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, in St. Joseph County, Indiana. TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North, Range 2 East in St. Joseph County, Indiana. ALSO: The South Half(1/2) of the East Half(1/2) of the East Half(1/2) of said Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County, Indiana; more particularly described as follows: A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(SU2) of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(SU2) of the Southwest Quarter(SW 1/4),thence West 562.82 feet along the North line of the South Half(Sl/2) of the Southwest Quarter(SW 1/4)to the East right of way line of the NJ.I. &I. Railroad, thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section Sixteen(16), Township Thirty-seven(37)North, Range Two (2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana, Illinois and Iowa Railroad Company(New York Central Railroad Company). PARCEL 4 The Southeast Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast comer of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16,to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 229 8'50" West, 32.43 feet; thence North 90°00'00" East (assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16; thence North 30.00 feet to the point of beginning. Subject to legal highways. be and the same is hereby established as GI General Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION V. 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Property is located at the west end of Calvert Street, and is bisected by U.S. Highway 31. Nearest , intersections are U.S. Highwy 31/State Route 23 intersection, and Calvert Street/New Energy Drive intersection. The Property is part of the southwest corner of section 16&the north half of section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana Filed in Clerk's Office 2) The property Tax Key Number(s)is/are: AUG 0 8 2018 017-1007-0223 017-1012-0307 KAREEMAH FOWLER 017-1012-030901 CITY CLERK,SOUTH BEND,IN 3) Legal Description(s)Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of-way: See attached Exhibit A for legal description and survey of property for annexation 4) Total Site Area(excluding right-of-way): 228.66 acres. 5) Name and address of property owner(s)of the petition site: Ceres Farms LLC 1251 North Eddy Street, Suite 200 South Bend, Indiana, 46617 855.242.3737 bzick@cerespartners.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Not Applicable -FILED - AUG 01 2018 AREA PLAN C I SI N Applicatior Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: A: Agricultural District(County) Additional Districts, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Agricultural use along with other uses allowed in GI district. IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1)List each variance, if applicable. Please contact staff for assistance with wording if needed. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addresses this criteria (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addresses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addresses this criteria 117 A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addresses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addresses this criteria (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addresses this criteria (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.Insert textPlease explain how your Special Exception Use petition addresses this criteria * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Ceres Farms LLC ATTN• Brandon Zick 1251 North Eddy Street Suite 200 South Bend, Indiana 46617 855.242.3737 bzick@cerespartners.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s): -FILED- AUG 012018 AREA P 110 A pplication# Filed in Clerk's Office EXHIBIT A EAU 8 2u18 LEGAL DESCRIPTION KAREEMAH I-r"'VJLER CITY CLERK,SOUTH BEND,IN Land situated in the County of St Joseph, State of Indiana, is described as o ows: Parcel IV: The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter (1/4) of Section Numbered 21, Township Numbered Thirty-seven (37) North, Range Numbered 2 East, excepting therefrom the right-of- way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West, taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter (1/4) of Section Numbered 21, Township Numbered 37 North,Range 2 East,lying North of the Liberty Highway,for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. I. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way; thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast corner of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East,210.0 feet;thence North 51 degrees 49 minutes West,93.8 feet;thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. 1. and I. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 55 degrees 32 minutes East, 871.9 feet to the point of beginning. -FILED- AUG 012018 L A PLAN CO,M' S` 10 ication# LEGAL DESCRIPTION TO DEED Parcel V• The West One-Half (1/2) of the East One-Half (1/2) of Section Twenty-one (21) Township Thirty-seven(37)North,Range Two(2)East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21;thence North 0 degrees 0 minutes 0 seconds (bearing assumed) 1,532.08 feet; thence North 63 degrees 46 minutes 30 seconds West 237.33 feet;thence South 44 degrees 15 minutes West 466.60 feet;thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet;thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter;thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet; thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet; thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet;thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet ; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses; thence South 46 degrees 40 minutes West, 191.7 feet;thence South 42 degrees 05 minutes West, 251.9 feet; thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary; thence North 13 degrees 36 minutes East, 53.0 feet; thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet; thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West,210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet; thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23;thence along said boundary with the following courses;thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. -FILED- Al jr. 1- 7018 LEGAL DESCRIPTION TO DEED AREA PLAN CO . I I• N Applicationo FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road;thence North 64 degrees 30 minutes West,220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet; thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet; thence South 35 degrees 16 minutes West,99.3 feet;thence Southwesterly 197.5 feet along an are to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet; thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet; thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees OS minutes East, 399.9 feet; thence South 64 degrees 30 minutes East,238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1899.6 feet along the west line of said Quarter Section to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Henry Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West(bearing assumed for this description)along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of- way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line,the first course being North 63 degrees 43 minutes 45 seconds West,a distance of 43.05 feet; thence North 64 degrees 17 minutes 38 seconds West,a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet; thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet;thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet;thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet; thence No minutes 38 seconds West, a distance of 105.35 feet to a point near the top of t le SoutgieIA49D. LEGAL DESCRIPTION TO DEED AUG 0 12018 AREA PLAN GO A( II N_ A lication#- of a private drainage ditch; thence for the next five courses along said top, the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet;thence North 86 degrees 31 minutes 01 seconds East, a distance of 57.30 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet;thence North 83 degrees 19 minutes 27 seconds East,a distance of 291.31 feet,to a point;thence North 89 degrees 24 minutes 59 seconds East,at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East,along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line,a distance of 87.35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line,a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: {0235679) Beginning at the Northwest corner of the Southeast Quarter of Section 21,Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89 124'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 (being a limited access right-of-way by deed); thence along said boundary by the following courses; South 40°33'02 East,a distance of 69.83 feet;thence South 60°11'02"East a distance of 98.50 feet;thence South 44°06'02"East, a distance of 600.00 feet; thence South 44°06'02"East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44 153'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48"West;thence South 45°53'48"West,a distance of 304.30 feet;thence South 37°46'48" West, a distance of 202.50 feet; thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section; thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. Parcel VI: The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16,Township 37 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Quarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right-of- way of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines) across said land. ALSO: TRACT I:The West Half of a five acre tract of land,described,as the West Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East,in St.Joseph County,Indiana. -FILED- AUG 012018 LEGAL DESCRIPTION TO DEED AREA PLAN CO ISSI N A lication# TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North,Range 2 East in St.Joseph County,Indiana. ALSO: The South Half(1/2)of the East Half(1/2)of the East Half(1/2)of said Southwest Quarter(1/4) of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4)of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County,Indiana;more particularly described as follows:A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(S1/2)of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(S1/2) of the Southwest Quarter(SW 1/4), thence West 562.82 feet along the North line of the South Half(S1/2) of the Southwest Quarter(SW 1/4)to the East right of way line of the N.J.I.& I. Railroad,thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter (1/4) of the Southwest Quarter(1/4)of Section Sixteen(16), Township Thirty-seven (37)North, Range Two (2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana,Illinois and Iowa Railroad Company(New York Central Railroad Company). Parcel IX: The Southeast Quarter of the Southwest Quarter of Section 16,Township 37 North,Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast corner of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16, to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 22 018150" West, 32.43 feet; thence North 90°00'00" East (assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16;thence North 30.00 feet to the point of beginning. Subject to legal highways. -FILED- AUG 012018 AREA PLAN CO I A lication# LEGAL DESCRIPTION TO DEED z O�c U)7 'ail cx* v— C=2 :5 �100 * 14'i Lj R° O )A C)Z ZAs BE :!5.2 3 g to CL co -!Sly. li tif; i MT111,11 1 ixwj�wgj .,: §,,!i3-; l li;" t 2. W& nfils X. -M p, v � -a � if'.!1"R ill, uj cl *6 in I M 4 . cr 91-111 "-,'1 ." 11 x i P�n . 1111 .71 c Atli 9 fn M Hy i 1 HM AIum q Z d cr- z �j w C= co CD C=) 0 L LL 00 1:< 0 (3) ' U) Lq (D LL v �I ja Q0 co CQ s A w co co � E