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Home My WebLink About10083-11 Amend Annexation- Landowner in German Township, Fiskars Properties ORDINANCE No . 10083-�� Passed by the Common Council of the City of South Bend, Indiana April11, 20 11 Attest: Ciry Clerk JOH VOO DE Attest: President of Common Council Presented by me to the Mayor of tlie City of Sor�t/i Bend, Indiana April 12, 20 11 City Clerk JO N VO DE Approved and signed by me 20 %' ��,�y ��% Maynr ORDINANCE NO. � �0�3'�� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP,NAMELY,FISKARS PROPERTIES,INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-OS BUT WHO WAS NOT NAMED THEREIN STATEMENT OF PURPO5E AND INTENT On January 24, 2005 the South Bend Common Council approved Ordinance #9565-OS which annexed to the City of South Bend certain real estate in German Township contiguous to the City. The legal description of Ordinance #9565-OS includes real estate owned by Fiskars Properties, Inc. (Fiskars), although Fiskars did not actually join the two other property owners covered by Ordinance #9565-OS who had petitioned for annexation. Fiskars has formally consented to have its tract be included for all record purposes as part of and within the boundaries of the City of South Bend under Ordinance #9565-05, which consent is attached and incorporated herein by reference. The Fiskars tract consists of 0.37 acres with street address of 23914 Brick Road. Because the acreage identified in Ordinance #9565-OS is also incorrect in that the total acreage contained in the legal description is actually 1.67 acres, not 1.03 acres, an amendment is also required for that purpose. The corrected 1.67 acres is comprised of 1.03 acres owned by original petitioners Jim and Donna Gregar and Arthur and Nancy Beall; 0.37 acres owned by Fiskars; and 0.27 acres of public right of way. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Ordinance# 9565-OS is hereby amended to specifically include a tract of 0.37 acres owned by Fiskars Properties, Inc., located at 23914 Brick Road. That realty having been part of and included within the legal description in Part I of Ordinance #9565-05, no amendment of Section I of Ordinance#9565-OS is required. Section II. The total acreage of the annexation area described in Ordinance #9565-OS is amended to consist of 1.67 acres, not 1.03 acres. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. � � Memb r of the Common ounci Attest: ity Cle k Presented by me to the Mayor of the City of South Bend, Indiana on the � L� day of r.� ,2 Ol\ , at t�'<y` o'clock a� m. _ ^c��-�rm�. City lerk� p�� Approved and signed by me on the�day of��, 2��/ , at g'3•�o'clock �-m. , ,�,. ��.� Mayor, City o outh Bend F:�DATA\SHARE\Legal\Wpdata�.4MDWnnexation�F'iskars Amending Ordinance 9565-05 120210.doc Filed d� C��rk's Offi�� MAR � aZ�;�i _ � �st ��o�wc 3� � � crn►� �oH�ve��a�� PUELEC Ei_".i'•.{NG �,—�,�,`�.I I.�"R�C�SOIfI'I�f��';�L�,'� : 3 r� F:�AD?i�G t-�–�,�_�� w,...�.,...,,.».,,; NOT !':�?ROVED RErERRED PASSED �—(,�--�( TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole CONSENT AND AGREEMENT OF FISKARS PROPERTIES,INC.TO ANNEXATION OF ITS PROPERTY BY THE CITY OF SOUTH BEND UNDER THE TERMS AND CONDITIONS OF SOUTH BEND COMMON COUNCIL ORDINANCE NO.9565-OS John W. TO1 hU i zen ,under penalties for perjury says the following: 1. I am the VP of Redl Estate of the Michigan Corporation (Title/Office) Fiskars Properties,Inc., (Fiskars)and I am properly authorized to execute this Agreement and Consent to Annexation on behalf of Fiskars. 2. Fiskars is the sole (100%) owner of real estate located at 23914 Brick Road, in German'Township, St. Joseph County, Indiana consisting of approximately 0.37 acres of vacant land, Ta�c Key #004-1012-019302. I acknowledge that the legal description for the Fiskars property at 23914 Brick Road is included within the legal description for real property annexed to the City of South Bend under Ordinance No. 9565-OS although Fiskars was not a Petitioner or participant in that annexation. 3. Fiskars does now hereby consent to annexation of its real property located at 23914 Brick Road to and within the boundaries of the City of South Bend as fully and completely as if it had been a Petitioner under the original Ordinance No. 9565-OS with all consequences thereta 4. Fiskars understands and acknowledges that should it wish to connect to utility main lines or install exterior street lighting on its property at 23914 Brick Road, that it will be financially responsible for such connection,installation and maintenance costs. 5. This Consent and Agreement shall bind Fiskars Properties, Inc., its agents, legal representatives, assignees, successors in interest, and any subsequent purchaser of the subject real estate. Dated this 3rd day of March ,2011 Fiskars Properties,Inc. By: � John W. Tolhuizen, UP Real Estate (Printed Name and Title) Filed �n �i�r�t��wd�f#ice MA� � � 2 C�1 JOMN VOORDE .CITY CLERK,SOUTH BEFJD,oRd Y C� 'C m r O N � � L U La � � � UL'�/�Q c o � a� � E x �- � o c a� Q °� � � � O V O � O � C � � � O U � W U � � a < a - ....°' C � � '�' �'�ax.'�z �3�' C .�—'' � ._ C � �'��"�� 0 .,�y '.. ' � . ■� a i L � W � ��a�a � � � G�� a � U 0 � m a c �t � M � m M � N N � 0 � . � ,� o �� U . � � � � � c� n � a v = m ~ � � z 4SpUTH 8F O �\�11��1�I�(��,`��p IZOOCOUN'I'Y-CITYBUILDING .�., ��\ /�� x PrcoNE5741235-9371 v �• \� ,�, •% d Fnx 574/235-9021 Z2�]W.JEFPERSON BOULEVARD W �� P�nCE�/ ,a SOUI'I-i BEND,IrrD�n 46601-1830 �� \� ��'a? - TDD 574/235-5567 � „ « 1865 CITY OF SOUTH BEND STEPHEI3 J. LUECKE,MAYOR COMMUNITY �L ECONOMIC DEUELOPMENT 3EFFREY V GIBNEY EXECUTIVE DIRECTOR March 17, 2011 Mr.Derek Dieter,President South Bend Common Council 4th Floor,County-City Building South Bend,IN 46601 RE: Amendment to Ordinance 9565-OS for 23914 Brick Road(Fiskars Properties parcel) Dear Mr.Dieter: To clear discrepancies within a 2005 annexation, a bill is being filed to amend Ordinance 9S65-O5. On January 25,2005,the South Bend Common Council approved Ordinance 9565-05, a voluntary annexation under which the City of South Bend annexed German Township properties near the intersection of Brick and Cleveland Roads. The ordinance's legal description included three parcels; however,Fiskars Properties,the owner of the parcel at 23914 Brick Road, did not join the other two property owners in petitioning for the annexation. Fiskars Properties now has formally consented to have its property be included within the City of South Bend under Ordinance 9565-OS as if it had been a petitioner for that ordinance,which became effective March 7,2005. The proposed ordinance also amends Ordinance 9565-OS to correct the size of the annexation area from 1.03 acres to 1.67 acres. I will be present at the Zoning&Annexation Committee meeting and full Council meeting to present this ordinance and answer any questions. I may also be contacted at 235-5843. Thank you. Sincerely, � , � �� 1 , � � . �-V'Ec�- Michael P.Divita F�I@C� �11 CI�P�('s~�ffice Planner cc: Kathy Cekanski-Farrand,Attorney,Common Council MA� 2 j L�J i� A1 Kirsits,Chair,Zoning&Annexation Committee Larry Magliozzi,Area Plan Commission JOH�+�1�ORp,� John Voorde,City Clerk CITY CLERK,�C�U7'F�s��,!�1 COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT . FINANCIAL SC PROGRAM ,m� PA�IELA C.MEYER DONALD E.INKS � M+INAGEMENT� U� A 574/235-9660 574/235-9371 ELtznaeTH LeoNna� � Fnx: 574/235-9697 574/235-9371