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
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