HomeMy WebLinkAbout9638-05 Annexation Orange Road - Waggoner's Dairy Farms Phase II - District 1ORDINANCE No.
96.38-05
Passed by the Common Council of the Cary of South Bend, Indiana
November 28,
Attest:
Attest: ~" `~
t
Presented by me to the Mayor of the City of South Bend, Indiana
November 29,
JOHN
Approved and signed by me ~~ o v e m b e r 2 ~,. 20 a~_
City Clerk
Mayer
20 05
05
20
City Clerk
President of Common Council
ORDINANCE NO
~c~3g-off
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING
ORDINANCE FOR CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND
ADJACENT PROPERTY, WAGGONER'S DAIRY FARM INC., PHASE II
COUNCILMANIC DISTRICT NO. 1,
GERMAN TOWNSHIP, CITY OF SOUTH BEND. INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation of 235.45 acres and for the zoning of 210.18 acres
located in German Township, St. Joseph County, Indiana, has been filed by one hundred percent
(100%) of the owners of the land in the territory sought to be annexed and zoned. It is the intent
and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to
establish a zoning district for this territory.
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-eight (1/8) of its aggregate external boundaries with
the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
A PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2
EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8,
TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHII', ST. JOSEPH
COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS
SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF
RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 89 DEGREES 55 MINUTES 03
SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST
QUARTER, A DISTANCE OF 1844.50 FEET TO THE SOUTHWEST CORNER OF LOT 1
OF CHEROKEE GARDENS AND THE POINT OF BEGINNING; THENCE SOUTH 00
DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 55
MINUTES 03 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND
PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 17, A DISTANCE OF 190.73 FEET TO A POINT ON A RIGHT-OF-WAY
TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS
ALL ALONG SAID RIGHT-OF-WAY TAKE: 1) NORTH 84 DEGREES 29 MINUTES 13
SECONDS WEST, A DISTANCE OF 930.73 FEET, 2) NORTH 87 DEGREES 55 MINUTES
00 SECONDS WEST, A DISTANCE OF 336.27 FEET, 3) SOUTH 83 DEGREES 34
MINUTES 45 SECONDS WEST, A DISTANCE OF 873.21 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 52 MINUTES 58
SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH
THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A
DISTANCE OF 639.23 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 57 SECONDS
WEST, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ADAMS
ROAD AND THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER A
WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID
RECORDER; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 360.65 FEET TO THE EAST LINE
OF ORANGE ROAD AS DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN
INSTRUMENT NUMBER 0421988 IN THE OFFICE OF RECORDER; THENCE SOUTH 02
DEGREES 22 MINUTES 07 SECONDS WEST, ALONG SAID EAST RIGHT-OF-WAY
LINE, A DISTANCE OF 20.29 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ADAMS
ROAD, EXTENDED; THENCE NORTH 89 DEGREES 40 MINUTES 41 SECONDS WEST,
ALONG THE SAID SOUTH RIGHT-OF-WAY LINE AS PLATTED IN KERTE'S MINOR
SUBDIVISION, SECTION B, AS RECORDED UNDER PLAT BOOK K, PAGE 28 IN THE
OFFICE OF SAID RECORDER, A DISTANCE OF 191.91 FEET TO THE WEST LINE OF
SAID KERTE'S MINOR SUBDIVISION, SECTION B; THENCE NORTH 02 DEGREES 20
MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID KERTE'S MINOR
SUBDIVISION, SECTION B, A DISTANCE OF 20.02 FEET TO THE SOUTH RIGHT-OF-
WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 40 MINUTES 41
SECONDS WEST, ALONG THE SOUTH LINE OF ADAMS ROAD RIGHT-OF-WAY, A
DISTANCE OF 1054.19 FEET TO EAST LINE OF A CEMETERY, EXTENDED; THENCE
NORTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG THE EAST LINE OF
SAID CEMETERY AS EXCEPTED OUT OF WARRANTY DEED RECORDED UNDER
DEED RECORD BOOK 810, PAGES 548-550, A DISTANCE OF 350.39 FEET TO THE
NORTHEAST CORNER OF SAID CEMETERY; THENCE NORTH 89 DEGREES 48
MINUTES 47 SECONDS WEST, ALONG THE NORTH LINE OF SAID CEMETERY, A
DISTANCE OF 181.50 FEET TO THE EAST LINE OF AN EXCEPTION FROM SAID DEED
RECORD BOOK 810, PAGES 548-550; THENCE NORTH 00 DEGREES 11 MINUTES 13
SECONDS EAST, ALONG SAID EAST OF EXCEPTION, A DISTANCE OF 858.00 FEET
TO THE NORTH LINE OF THE SOUTH HALF OF FRACTIONAL SECTION 7, TOWNSHIP
38 NORTH, RANGE 3 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 47 SECONDS
EAST, ALONG SAID NORTH LINE, A DISTANCE OF 3631.95 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE NORTH 17
DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 1997.72 FEET TO THE NORTH LINE OF FRACTIONAL
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST;
THENCE NORTH 89 DEGREES 30 MINUTES 43 SECONDS EAST ALONG SAID NORTH
LINE, A DISTANCE OF 2299.84 FEET TO THE NORTHEAST CORNER OF THE
FRACTIONAL NORTHWEST QUARTER OF SAID SECTION 8; THENCE NORTH 89
DEGREES 11 MINUTES 58 SECONDS EAST ALONG THE NORTH LINE OF THE
FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 120.35
FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE
OF 23.48 FEET TO THE NORTH LINE OF BORDERLINE SUBDIVISION MINOR PLAT,
RECORDED UNDER PLAT BOOK 26, PAGE B IN THE OFFICE OF SAID RECORDER;
THENCE THE NEXT 3 CALLS ALL ALONG THE PLATTED RIGHT-OF-WAY OF
MAYFLOWER ROAD WITHIN SAID BORDERLINE SUBDIVISION AND ARBOR
POINTE SECTION 6, RECORDED UNDER INSTRUMENT NUMBER 9635583 IN THE
OFFICE OF SAID RECORDER: 1) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS
WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 114.00
FEET, AND A CHORD LENGTH OF 100.13 FEET, BEARING SOUTH 25 DEGREES 46
MINUTES 20 SECONDS WEST, 2) SOUTHWESTERLY ALONG SAID CURVE A
DISTANCE OF 103.67 FEET, 3) SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST,
A DISTANCE OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE
SECTION SIX; THENCE SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST ALONG
SAID SOUTH LINE, A DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16
MINUTES 48 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 980.41
FEET; THENCE NORTH 89 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE
OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT ONE IN LICHTENBARGER
MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 8731222 IN THE
OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 16 MINUTES 48
SECONDS EAST, A bISTANCE OF 158.95 FEET TO THE NORTH LINE OF SAID
CHEROKEE GARDENS SUBDNISION EXTENDED; THENCE NORTH 89 DEGREES 55
MINUTES OS SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 1844.88
FEET TO THE NORTHWEST CORNER OF LOT ONE OF SAID CHEROKEE GARDENS
SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST ALONG
THE WEST LINE OF LOT ONE OF SAID CHEROKEE GARDENS SUBDIVISION, A
DISTANCE OF 1280.01 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED TRACT CONTAINING 235.45 ACRES, MORE OR LESS.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above described parcel as a
part of the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is
amended effective immediately following the annexation of the above described real estate, in
order that the zoning classification of the above described real estate, with the exception of all
adjacent rights-of--way, is hereby established as a "PUD" Planned Unit Development District in
the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the
required, established, and stated procedures for review of such zoning classification by the Area
Plan Commission have been fully satisfied.
SECTION IV. 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.
t
Member of the Common Co ci
Attest:
'ity Cle -
Presented by me to the Mayor of the City of South Bend, Indiana on the Zc~ ~l.~iay of
~Oe~~ , 2005, at 2`-~~~ o'clock ~ . . m.
City C erk
~'~~
Approved and signed by me on the`~9 day of ~ ~ , 2005, at
~.'/~ o'clock m.
Mayor, City of South Bend, Indiana
1st READING vS ~ S S u.~` ~ "~'
PUBLIC HEARING l\-~~~ 6-S S~~S~~-~~!
3rd READING 11-zk
NOT APPROVED ~~
REFERRED ~ 'P ' , L ~ f
PASSED 1 l ~z~ -o S' ~ i S u~~~ ~
c=ited nl Clerk's Office
SEP - 7 2005
JOHN VOORDE
Cl'tV CLERK, 50. BEND, tN. ,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
43-05 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND
ADJACENT PROPERTY, WAGGONERS' DAIRY FARM INC., PHASE II,
COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH
BEND, INDIANA
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.
Roland Kelly
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the
voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German
Township, St. Joseph County, Indiana, and in support of which Petition alleges and affirms as follows:
1) We are the owners (hereinafter "petitioner" or "petitioners") of land more particularly described in
Exhibit "A" attached hereto, which exhibit describes the property to be zoned by the Common
Council:
OWNER PARCEL NO.
Waggoner's Dairy Farm, Inc., 04-1002-0013
an Indiana corporation 04-1001-0008
2) Petitioners desire that the property identified on Exhibit A, together with adjacent rights-of--way,
be annexed to the City of South Bend, Indiana, and that the property identified on Exhibit A be
granted a zoning designation as herein requested, both by proper ordinance.
3) That this Petition is signed by at least (CHECK ONE):
x a. one-hundred percent (100%) of the owners of the land in the territory sought to be
annexed; OR
b. fifty-one percent (51%) of the owners of the land in the territory sought to be annexed;
OR
_ c. the owners of seventy-five percent (75%) of the total assessed value of the land for
property tax purposes.
4) The property sought to be annexed and rezoned is located at:
COMMON ADDRESS PROPERTY TAX KEY NO.
50929 Orange Road 04-1002-0013
04-1001-0008
5) The name and address of the property owner(s) of the petition site is/are:
Waggoner's Dairy Farm, Inc.
1402 Kessler Blvd, South Bend, IN 46616
6) The name and address of the contingent purchaser(s), if applicable, is/are:
Waggoner Farm Development, L.P.
By: Holladay Partners -Midwest, Inc.
Its: General Partner
227 S. Main Street
Suite 300
South Bend, IN 46601
7) The property sought to be annexed is 235.45 acres (210.18 acres to be zoned) in size and currently
has the following use(s) on it:
PARCEL NO. USES
04-1002-0013 Agricultural
04-1001-0008 Agricultural
8) Number of people currently residing on the property: One (11 Person residing n, 50929 Orange
Road, South Bend, IN 46628
9) It is desired and requested that the petition site be rezoned
From St. Joseph County zoning classification:
04-1002-0013 Residential
04-1001-0008 Residential
To City of South Bend zoning classification: 21-OS Planned Unit Development District
in conformance with the Portage Prairie Planned Unit Development Preliminary
Plan, a copy of which is attached hereto as Exhibit B and incorporated herein by
this reference, to provide for the following use(s): a mixed use development
consisting of single family /two family, multifamily / townhomes, civic/recreational,
lifestyle /destination retail, neighborhood retail, medical /office campus, assisted
living, light industrial, commercial /hotel, office /flex, hotel /restaurant, research &
development, or other uses deemed compatible by the Area Plan Commission.
10) The anticipated "build-out" year for the project: 2005-2015.
11) The following information has been submitted with the Petition:
1. a legal description of the property, titled as Exhibit "A ";
2. a list of names and addresses of all property owners, along with the tax key numbers for all
properties, within 300 feet of the petition property;
3. seventeen (17) site plans;
4. addressed, stamped envelopes for all property owners within 300 feet of the petition property.
~~ 12) The ~ignatu~e(s~ pro~rty owner(ls), or Attorney for all property owner(s)
r ~I
Signed N/T ~ ~~ P/t~s
Address: ~3 y o!~'~ r '
Phone Number: S 7y ~ ~ 7~ ~ ~ S~7
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
(Cont.)
13) Name, Address & Phone Number of Contact Person/Preparer (Please print):
Frank Perri
Holladay Properties
227 S. Main
South Bend, IN 46601
(574) 234-2073 ext. 29
John Phair
Doug Hunt
Holladay Properties
227 S. Main
South Bend, IN 46601
(574)234-2073:
Ext. 13 John Phair
Ext. 16 Doug Hunt
Eugene Valanzano
Baker & Daniels
300 N. Meridian Street, Suite 2700
Indianapolis, Indiana 46204
(317) 237-0300
-~
ANNEXATION & REZONING EXHIBIT `A' LEGAL DESCRIPTION
WAGGONER'S DAIRY FARM INC., PHASE II
A PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST
AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP
38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS
SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF RECORDER
OF ST. JOSEPH COUNTY; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS
WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A
DISTANCE OF 1844.50 FEET TO THE SOUTH WEST CORNER OF LOT 1 OF CHEROKEE
GARDENS AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 04 MINUTES
57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE NORTH RIGHT-OF-WAY LINE
OF ADAMS ROAD; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST
ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET TO
A POINT ON A RIGHT-OF-WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY;
THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT-OF-WAY TAKE: 1) NORTH 84
DEGREES 29 MINUTES 13 SECONDS WEST, A DISTANCE OF 930.73 FEET, 2) NORTH 87
DEGREES 55 MINUTES 00 SECONDS WEST, A DISTANCE OF 336.27 FEET, 3) SOUTH 83
DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 873.21 FEET TO THE
NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 52
MINUTES 58 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND
PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
18, A DISTANCE OF 639.23 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 57
SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
ADAMS ROAD AND THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER A
WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID
RECORDER; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 388.12 FEET TO THE WEST
RIGHT-OF-WAY LINE OF ORANGE ROAD; THENCE NORTH 00 DEGREES 48 MINUTES
27 SECONDS WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1007.32
FEET; THENCE NORTH 09 DEGREES 42 MINUTES 33 SECONDS EAST CONTINUING
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 206.75 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF FRACTIONAL SECTION 7, TOWNSHIP 38
NORTH, RANGE 2 EAST; THENCE SOUTH 89 DEGREES 48 MINUTES 47 SECONDS EAST,
A DISTANCE OF 2213.44 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE ST.
JOSEPH VALLEY PARKWAY; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS
EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1997.72 FEET
TO THE NORTH LINE OF FRACTIONAL NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTH 89 DEGREES 30 MINUTES 43
SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 2299.84 FEET TO THE
NORTHEAST CORNER OF THE FRACTIONAL NORTHWEST QUARTER OF SAID
SECTION 8; THENCE NORTH 89 DEGREES 11 MINUTES 58 SECONDS EAST ALONG THE
NORTH LINE OF THE FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 8, A
DISTANCE OF 120.35 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS
EAST, A DISTANCE OF 23.48 FEET TO THE NORTH LINE OF BORDERLINE
SUBDIVISION MINOR PLAT, RECORDED UNDER PLAT BOOK 26, PAGE B IN THE
OFFICE OF SAID RECORDER; THENCE THE NEXT 3 CALLS ALL ALONG THE PLATTED
RIGHT OF WAY OF MAYFLOWER ROAD WITHIN SAID BORDERLINE SUBDIVISION
AND ARBOR POINTE SECTION 6, RECORDED UNDER INSTRUMENT NUMBER 9635583
IN THE OFFICE OF SAID RECORDER: 1) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS
WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 114.00
FEET, AND A CHORD LENGTH OF 100.13 FEET, BEARING SOUTH 25 DEGREES 46
MINUTES 20 SECONDS WEST, 2) SOUTHWESTERLY ALONG SAID CURVE A DISTANCE
OF 103.67 FEET, 3) SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE
OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE SECTION SIX; THENCE
SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS
EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
FRACTIONAL SECTION 8, A DISTANCE OF 980.41 FEET; THENCE NORTH 89 DEGREES
43 MINUTES 12 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE NORTHWEST
CORNER OF LOT ONE IN LICHTENBARGER MINOR SUBDIVISION, RECORDED UNDER
INSTRUMENT NUMBER 8731222 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH
00 DEGREES 16 MINUTES 48 SECONDS EAST, A DISTANCE OF 158.95 FEET TO THE
NORTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED; THENCE
NORTH 89 DEGREES 55 MINUTES OS SECONDS WEST ALONG SAID NORTH LINE, A
DISTANCE OF 1844.88 FEET TO THE NORTHWEST CORNER OF LOT ONE OF SAID
CHEROKEE GARDENS SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 48
SECONDS EAST ALONG THE WEST LINE OF LOT ONE OF SAID CHEROKEE GARDENS
SUBDIVISION, A DISTANCE OF 1280.01 FEET TO THE POINT OF BEGINNING;
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, COVENANTS, AND RIGHT OF WAY OF
RECORD.
E:\LAND 4\ENG PROJ\M41022\survey\legals\annexation area-NORTH.doc
Fii~c~ I~ ~~~~~:'s Cis#~ce
JUL1g2005
~or~~ voo^cre
cln clrc:;i:, sf3. Fi~t1D, It3
EXHIBIT B
For Phase II Rezoning
Filed July 20,2005
Portage Prairie Planned Unit Development
Date: February 9, 2005
Submitted by:
Waggoner Farm Development, L.P.,
Introduction
Petitioner, Holladay Properties, requests the rezoning of approximately 170.56 acres, more
particularly described in Exhibit A attached hereto and incorporated herein by this reference, to the
PUD classification to provide for the development of a mixed-use project consisting of light
industrial, office, technology, entertainment retail, destination retail, neighborhood retail, medical
and residential uses.
This rezoning is the Phase II rezoning for the Waggoner's Dairy Farm Inc. property, currently
undergoing both annexation and rezoning. Previous annexation has been adopted into ordinance by
the City of South Bend as Ordinance # 9587-05.
The Portage Prairie Planned Unit Development ("Portage Prairie") is divided into four (4) major
land use districts located on each of the four (4) quadrants of the intersection of US 31 and Adams
Road. Certain design elements will be utilized throughout Portage Prairie to connect the four (4)
quadrants, either physically or by way of aesthetics.
It is acknowledged that the Preliminary Plan filed with this PUD District Ordinance specifies land
uses for real estate which is not subject to this initial rezoning for Portage Prairie. However, the
Preliminary Plan does provide a framework from which to review the land use pattern proposed for
the Portage Prairie in light of existing and proposed future land uses in much the same way as a
Comprehensive Plan identifies land use patterns for a community as a whole. Petitioner
anticipates filing for annexation and rezoning of those additional parcels at a future date. When
such annexation and rezoning request is filed, it will provide a logical continuation of this
Preliminary Plan for the Portage Prairie Planned Unit Development.
Portaee Prairie Planned Unit Development
1. Area A -Northwest Quadrant.
a. Sin leg_Family and Two Family -Single Family and Two Family permitted uses and
development standards shall be in compliance with the regulations of Section 21-
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
02.01: SF-1 Single Family and Two Family District of the South Bend Zoning
Ordinance, provided, however, the Executive Director may, in connection with an
application for Secondary Approval, authorize the use of Development Incentives
as set forth in Section 21-02.12 of the South Bend Zoning Ordinance subject to
making the findings set forth in Section 21-02.12 (f) of the South Bend Zoning
Ordinance.
b. Multifamily / Townhomes -Multifamily / Townhome Development permitted uses
and development standards shall be in compliance with the regulations of either
Section 21-02.03: MF-1 -Urban Corridor District or Section 21-02.04: MF-2 -
High Density Multifamily District of the South Bend Zoning Ordinance.
c. Civic /Recreational, including but not_limited to: Amphitheater; Communit
Center Family Wellness Center; Library; Park, Public or Private; Performing
Arts Center Religious Use; School, Public or Private; Working Farm -Civic /
Recreational uses listed above shall be developed in compliance with the
development standards of Section 21-03.02: MU -Mixed Use District of the South
Bend Zoning Ordinance; provided, however, outdoor civic /recreation uses shall be
permitted without limitation.
d. Lifestyle /Destination Retail -Lifestyle /Destination Retail permitted uses shall be
in compliance with permitted uses of Section 21-03.05: CB: Community Business
District, however, development standards shall be in compliance with the
regulations of Section 21-03.02: MU -Mixed Use District of the South Bend
Zoning Ordinance; provided that the maximum gross floor area restrictions shall
not apply.
2. Area B -Southwest Quadrant.
a. Neighborhood Retail -Neighborhood Retail permitted uses and development
standards shall be in compliance with the regulations of Section 21-03.04: LB -
Local Business of the South Bend Zoning Ordinance.
b. Medical /Office Campus -Medical /Office Campus permitted uses and
development standards shall be in compliance with the regulations of Section 21-
03.03: O -Office District of the South Bend Zoning Ordinance.
c. Assisted Living -Assisted Living facilities, including but not limited to: Assisted
Living; Alzheimer's Care; Nursing and Rehabilitative Care; Hospice Care; Short-
Term Stays; or, Independent Living facilities affiliated with one of the above care
facilities, shall be developed in compliance with the development standards of
either Section 21-02.03: MF-1 -Urban Corridor District or Section 21-02.04:
MF-2 -High Density Multifamily District of the South Bend Zoning Ordinance,
provided, however, the number of off-street parking spaces provided need not
exceed one-half parking space per dwelling unit.
3. Area C -Southeast Quadrant.
2
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
a. Light Industrial -Light Industrial permitted uses and development standards shall
be in compliance with the regulations of Section 21-04.01: LI -Light Industrial
District of the South Bend Zoning Ordinance.
b. Commercial /Hotel -Commercial /Hotel permitted uses and development
standards shall be in compliance with the regulations of Section 21-03.05: CB -
CommunityBusiness District of the South Bend Zoning Ordinance.
Office /Flex -Office /Flex permitted uses, including any Office /Professional Use
or Library Use, and development standards shall be in compliance with the
regulations of Section 21-04.01: LI -Light Industrial District of the South Bend
Zoning Ordinance.
d. Residential Bufferyards Along Mayflower Road and Adams Road -
Notwithstanding anything above to the contrary, the development of Area C shall
include a front yard residential bufferyard along Mayflower Road and Adams Road
in substantial compliance with the "Buffer Concept for Mayflower Road and
Adams Road" attached hereto and incorporated herein by this reference. Said
"Buffer Concept for Mayflower Road and Adams Road" hereby creates an alternate
residential bufferyard landscape standard applicable to all individual lots which
front onto Mayflower Road and Adams Road when located across from residential
uses and supercedes the perimeter yard landscaping requirements for such yards
established by Section 21-07.01: Landscape Regulations of the South Bend Zoning
Ordinance.
4. Area D -Northeast Quadrant.
a. Hotel /Restaurant Park -Hotel /Restaurant Park permitted uses and development
standards shall be in compliance with the regulations of Section 21-03.05: CB -
CommunityBusiness District of the South Bend Zoning Ordinance.
b. Research & Development Park -Research & Development Park permitted uses
and development standards shall either comply with the regulations of Section 21-
03.03: O -Office District of the South Bend Zoning Ordinance or Section 21-04.01:
LI -Light Industrial District of the South Bend Zoning Ordinance.
c. Opportunity Site -Permitted uses for that portion of Area D identified as
"Opportunity Site" may include: (i) any permitted use authorized within the
Portage Prairie Preliminary Plan; or, (ii) any other use not specified within the
Portage Prairie Preliminary Plan, subject to the approval of the Area Plan
Commission during Secondary Review and the Area Plan Commission finding that
the proposed use is appropriate for the site and compatible with the overall Portage
Prairie Planned Unit Development. Development standards for authorized uses
shall the same as the development standard applicable to such use elsewhere within
Portage Prairie. Development standards for a use not specified shall be as approved
by the Area Plan Commission during Secondary Review.
3
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
d. Residential Bufferyards Along Adams Road -Notwithstanding anything above to
the contrary, the development of Area D shall include a front yard residential
bufferyard along Mayflower Road in substantial compliance with the "Buffer
Concept for Mayflower Road and Adams Road" attached hereto and incorporated
herein by this reference. Said "Buffer Concept for Mayflower Road and Adams
Road" hereby creates an alternate residential bufferyard landscape standard
applicable to all individual lots which front onto Mayflower Road when located
across from residential uses and supercedes the perimeter yard landscaping
requirements for such yards established by Section 21-07.01: Landscape
Regulations of the South Bend Zoning Ordinance.
Accessory Uses -All Areas: as authorized by the South Bend Zoning Ordinance for either
Residential Districts, Commercial /Mixed Use Districts or Industrial Districts, as
applicable.
6. Temporary Uses -All Areas: as authorized by the South Bend Zoning Ordinance for either
Residential Districts, Commercial /Mixed Use Districts or Industrial Districts, as
applicable.
7. Traffic.
The following briefly describes the existing and proposed methods of handling traffic to an
from Portage Prairie.
a. Existing -The site is located along both sides of the US 31 at the northwestern edge
of the City of South Bend. Adams Road bisects the site in an east /west direction
and provides primary access to each of the four (4) quadrants of Portage Prairie. On
the east, Portage Prairie is bounded by Mayflower Road, which provides access to
downtown South Bend via Adams Road or Cleveland Road to Portage Avenue. On
the west, Orange Road provides north /south circulation.
b. Proposed -The ability to create the desired density and quality of development
identified in this Preliminary Plan will be enhanced by the following proposed
roadway improvements:
(1) US 31 Interchange -Petitioner will work with appropriate governmental
agencies with the goal of applying to INDOT for an interchange at the
intersection of the US 31 and Adams Road. Such access will not only
improve access to the site for the citizens of the City of South Bend and
St. Joseph County, but to also provide excellent access to the regional
marketplace of Michiana.
(2) Adams Road / Auten Road -Petitioner proposes to work with the
appropriate governmental agencies in the study of improving an east /west
connection across the northern portions of the City of South Bend and St.
Joseph County to and from the site and US 31. Such an improvement will
greatly enhance the ease of access across the northern portions of the City of
4
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
South Bend and St. Joseph County to Portage Prairie and other locations
along US 31.
c. North /South Thorou hg fare - In addition to US 31, north /south access to and
through the site can be obtained from Mayflower Road on the east, through local
streets in the Toll Road Industrial Park, and from Orange Road to the west.
Petitioner wishes to work with appropriate governmental agencies to investigate
transportation improvements to these corridors.
d. Local Street Network -The local street network throughout Portage Prairie will be
developed in a consistent manner with respect to walkways /trails /sidewalks,
landscape easements and other features which will all serve to provide a visually
unifying effect throughout Portage Prairie.
Utilities.
Petitioner anticipates working with the City of South Bend and other applicable utility
service providers in the area for the extension of all necessary public infrastructure to serve
Portage Prairie, including but not limited to: water; sewer; storm drainage; electric; gas;
and, communications.
Except for required pedestals and service connections, all utility lines within Portage
Prairie shall be installed underground.
9. Open Space.
Notwithstanding anything contained herein to the contrary, the following regulations
regarding open space shall be applicable throughout the Portage Prairie Planned Unit
Development.
a. Tree Preservation.
Reasonable efforts shall be made to preserve existing specimen trees located within
Portage Prairie. Specimen trees shall include those trees of a desirable species
which are over eight (8) inches in caliper (if deciduous) or over ten (10) feet in
height if evergreen. Such trees maybe either preserved at their present location or
relocated and incorporated into the landscape of an individual lot, common area, or
other highly visible location within the development. Such relocation shall occur
where practical given consideration for the health of the trees, desirability of the
species, soil conditions, drainage requirements, utilities, and other improvements as
well as compatibility with the overall site and landscape design.
b. Pedestrian Way and Trail System.
Pedestrian ways (i.e., sidewalks or trail, walkways and overall trails) will play a
vital roll in establishing the quality of life desired for Portage Prairie. As such, an
integrated system of sidewalks or trails, walkways and overall trails shall be
developed throughout Portage Prairie that will feature the following:
5
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
(1) Sidewalks or trails shall be required along all new streets developed within
the Portage Prairie Planned Unit Development as follows:
(a) Residential Areas - on both sides of all streets.
(b) Retails Areas - on both sides of all streets.
(c) Industrial Areas - on one side of all streets.
(d) Research and Development - on one side of all streets.
(e) Office /Medical - on one side of all streets.
(f) Office /Flex - on one side of all streets.
(2) Walkways -Continuous internal walkways shall be provided from
sidewalks to the principal entrances of all buildings.
(3) Overall Trails:
In addition to the sidewalks or trails and walkways outlined above, an
overall trail system shall be planned and developed that will provide
functional connections from all residential areas to all neighborhood retail
areas and employment areas within the Portage Prairie Planned Unit
Development. In addition, the overall trail system shall be designed to
provide for extensions to other trails or greenways developed or planned by
the City of South Bend or St. Joseph County.
(a) Overall Trail System Design - A filing requirement for the first
primary plat for any development within one of the Areas (A, B, C
or D) of the Portage Prairie Planned Unit Development shall be an
Overall Trail System Map for that Area of the Portage Prairie
Planned Unit Development. The Overall Trail System Map for each
Area shall also indicate proposed connections to the other Areas of
Portage Prairie.
(b) Initial Phase -The first primary plat shall indicate the
implementation of the initial phase of the Overall Trail System in
connection with secondary plat approval.
(c) Subsequent Phases - An updated Overall Trail System Map shall be
filed with each subsequent primary plat which shall indicate those
portion of the trail system implemented in prior sections and
updating the location and amenities associated with the trail which
remains to be constructed.
6
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
(4) Construction Standards for Sidewalks and Trails.
(a) Sidewalks shall be constructed in compliance with the standards of
the City of South Bend.
(b) Trails may be constructed of concrete, asphalt or other material
approved by the Area Plan Commission and installed in compliance
with the requirements specified by the Area Plan Commission.
(c) When a portion of the Overall Trail System coincides with the
location of a sidewalk, the construction standards approved by the
Area Plan Commission for trails shall apply.
(d) Under circumstances considered appropriate by the Area Plan
Commission or when approved for use as part of a Secondary
Approval, an alternative trail maybe proposed in lieu of sidewalks.
Trails may be located in easements reserved for such use outside of
the street right-of-way.
10. Administration.
a. Parcel by Parcel Determination of Permitted Uses and Development Standards.
(1) General - A series of permitted use groupings are identified for each of the
four (4) quadrants of Portage Prairie. Some of those permitted use
groupings identify more than one set of applicable development standards.
At the time of filing for Secondary Approval for an individual parcel, as
required by Section 21-OS (c) (5) of the South Bend Zoning Ordinance, the
applicant shall specify the permitted use grouping to be utilized for a given
site and shall specify the applicable set of development standards.
(2) Similar and Comparable Uses - It is recognized that the permitted use
provisions of this Preliminary Plan may require interpretation to assign all
permitted land uses to the appropriate Areas. Therefore, any land use which
is not specifically set forth in this Preliminary Plan shall be reviewed by the
Executive Director for consistency with the intent set forth for each Area
(i.e., A, B, C or D) and for compatibility with land use characteristics typical
of land uses permitted within those Areas. The Executive Director shall
then determine if the proposed use is appropriate for the Area in question.
(3) Uses Not Specified -Notwithstanding the provisions of paragraph 4., c.,
above, for the Opportunity Site within Area D to the contrary, if it is
determined by the Executive Director that a particular use is not permitted in
any Area provided for in this Preliminary Plan, then such use shall be
deemed to require a rezoning to an appropriate zoning classification.
7
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
(4) Uses From Other Areas -The Area Plan Commission may authorize
additional uses within an individual Area (i.e., A, B, C or D) other than
those specifically designated for such Area, provided that the use requested
is a use which is permitted in another Area of Portage Prairie.
(5) Appeal of Executive Director Determination of Permitted Uses - In case of
disagreement with the determination of the Executive Director in assigning a
land use to an appropriate Area, any aggrieved party may file an appeal with
the Board of Zoning Appeals.
b. Alternate Development Standards.
(1) Landscape, Lighting or Signs.
In order to encourage innovative building and site designs capable of
enhancing the quality of the Portage Prairie built environment, the entirety
of any Area (i.e., A, B, C or D) within Portage Prairie may propose alternate
development standards for landscaping, lighting or signs, subject to approval
by the Area Plan Commission.
Application for such alternate development standards shall be in the form of
a Secondary Approval referred to the Area Plan Commission for
determination and shall provide an overall master plan approach for
landscaping, lighting or sign for the affected Area (i.e., A, B, C or D) of
Portage Prairie and not be considered on a lot by lot basis. Lot by lot
alterations to development standards shall be determined by the Area Board
of Zoning Appeals.
(2) Other Development Standards.
The Area Plan Commission may authorize an alternate development
standard applicable to a specific group of permitted uses in the entirety of
any of Area (A, B, C or D) for: yards and building setbacks; use of
minimum yards and residential bufferyards; maximum building height;
maximum gross floor area; parking; loading; outdoor operations; or,
architecture, provided such alternate development standard is applicable
throughout an entire Area (A, B, C or D) and not applicable only to an
individual lot. Lot by lot alternate development standards shall be
determined by the Area Board of Zoning Appeals.
8
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
EXHIBIT A
LEGAL DESCRIPTION:
A PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST
AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP
38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS
SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF
RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 89 DEGREES 55 MINUTES 03
SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER,
A DISTANCE OF 1844.50 FEET TO THE SOUTH WEST CORNER OF LOT 1 OF
CHEROKEE GARDENS AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES
04 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE NORTH RIGHT-
OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 55 MINUTES 03
SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE
OF 190.73 FEET TO A POINT ON A RIGHT-OF-WAY TAKING FOR THE ST. JOSEPH
VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT-OF-WAY
TAKE: 1) NORTH 84 DEGREES 29 MINUTES 13 SECONDS WEST, A DISTANCE OF 930.73
FEET, 2) NORTH 87 DEGREES 55 MINUTES 00 SECONDS WEST, A DISTANCE OF 336.27
FEET, 3) SOUTH 83 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 873.21
FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89
DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE
AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 18, A DISTANCE OF 639.23 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES
57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE NORTH LINE OF THE NORTH
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, THENCE NORTH 89
DEGREES 52 MINUTES 47 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE
OF 388.40 FEET TO THE WEST RIGHT-OF-WAY LINE OF ORANGE ROAD; THENCE
NORTH 00 DEGREES 48 MINUTES 27 SECONDS WEST ALONG SAID WEST RIGHT-OF-
WAY LINE, A DISTANCE OF 987.19 FEET; THENCE NORTH 09 DEGREES 42 MINUTES
33 SECONDS EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A
DISTANCE OF 206.75 FEET TO THE NORTH LINE OF THE SOUTH HALF OF
FRACTIONAL SECTION 7, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE SOUTH 89
DEGREES 48 MINUTES 47 SECONDS EAST, A DISTANCE OF 2213.44 FEET TO THE
WESTERLY RIGHT-OF-WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY; THENCE
NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 1997.72 FEET TO THE NORTH LINE OF FRACTIONAL
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST;
THENCE NORTH 89 DEGREES 30 MINUTES 43 SECONDS EAST ALONG SAID NORTH
LINE, A DISTANCE OF 2299.84 FEET TO THE NORTHEAST CORNER OF THE
9
INIMAN2 902256v5
Portage Prairie Planned Unit Development
February 9, 2005
FRACTIONAL NORTHWEST QUARTER OF SAID SECTION 8; THENCE SOUTH 00
DEGREES 16 MINUTES 47 SECONDS EAST ALONG THE EAST LINE OF NORTHWEST
QUARTER OF SAID SECTION 8, A DISTANCE OF 1796.49 FEET TO THE NORTH LINE OF
SAID CHEROKEE GARDENS SUBDIVISION EXTENDED; THENCE NORTH 89 DEGREES
55 MINUTES OS SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF 1804.88
FEET TO THE NORTHWEST CORNER OF LOT ONE OF SAID CHEROKEE GARDENS
SUBDIVISION; THENCE SOUTH 00 DEGREES 16 MINUTES 48 SECONDS EAST ALONG
THE WEST LINE OF LOT ONE OF SAID CHEROKEE GARDENS SUBDIVISION, A
DISTANCE OF 1280.01 FEET TO THE POINT OF BEGINNING;
EXCLUDING THE RIGHT-OF-WAY FOR THE ST. JOSEPH VALLEY PARKWAY
CONTAINING 23.25 ACRES, MORE OR LESS,
SAID DESCRIBED TRACT CONTAINS A NET ACREAGE OF 173.39 ACRES MORE OR
LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, COVENANTS,
AND RIGHT OF WAY OF RECORD.
~~~~~e
J~~ ~ 9 2005
~'~~ 1tS
j°~~~, `°• °~gao,
10
INIMAN2 902256v5
!'' ..
-,l •1_.
~'
1 fI
ll, ~~~
~
_
-~
C --
'; a r ("J
11? ~ '"t ......_..~ ,..
~-
R ~ d ~ •`
t_T1 J
`
~ .'N
.
~ ~--- --
BOUNDARIES SHOWN ARE N0~' ~N '; i ;J
ACTUAL BOUNDARY SURVE~A': ' ~'•( ;
[1QFOR~IATION ACQUIRED FROM
THE CITY OF SOUTFI BEND GIS ~., -
DEPARTMENT. ~~'
l
__ _ .. I /.. f,
d, -- . . -_
~ ~ - ~,~_
~,
sE "~~~ ~
~s ~~. ,
)~b ~ ~r _
) ~ ~~ ~ .
~ \ I { ~ X ~1'1T.
~~ ~ •11 ~ ~ J} `
.~. I ~ ~.__ ~-Y
~ ~
~_ (!-:L
r-., PIJASE I
EYIOUSLY ANDJ,EXE~
CITY OF SOUTkt BEI`
_ l
~'~
-,`_ a"t
.,-fi+rr. r
Y~ ~~ ~'
~~ ~ ~ r ~, 1
I~~ '~ , t
eC 7 `
..
.: - ~.
r
,_.
'~ ~ ~ 1/ ~ ~
~. . ~ ~, .
r/
7 F
f((is
_ ~~~
i''' ,, ~ ~' ~ ~,~ --- _ ~~
'' ~J J~~ I'll ~`
~~ <.
jll. ~JF~ n, i ~ f.l I :i,'y ', 4.
~
//; J I t 1 f Y
~ I
l ~ -- i
~~
'
s
~~
r r~ ~l~' ~ ; ~ •• _
~
i
,i a ~
i i •
`A ? i~
i ~
R ~
.
f~
~ _ : j I i~ i ~i i, C 46 j
=
t
~ i i i; i i ~'}
i (
~
~
)~: •~ ~~
lye i d'i
~ ( i4nl
y~, i
i ( i
r i .
7'4
~
,
G4
G' is
InITO ' //~~' ~
~--.
111 ~
f ~' t '
,~ ~~//1;, ~-
~ r •--'!
F ff ; .
~~ ,~
t
~ ~ ~ BoLLA~DAV~rROeER~ncs
TT ~~~~ CURRENT CITY LIMITS Portage Pra i ri e
.ibiJli~g'Il . ANN[XATION PLAN! 12S LINE EXHIEiIT
South Bend,lnd',ana
`_~ , ~` t
~_.. -_r.r' ,.
~- '"J
i
) f ~ _
).
riC_
i (
~ ~ ~- ~ Pf1ASR I~ ~~
fir (pR6yIC1USLkAhNI_'.'?sC'DIJTO
~i°•..•'"_ CI~'Y t~E SOU~II~B~~117}-
1 f' ~
! r
s
1~ ;~ _.
7 ~ 1
~ i
~ t
'' ~?- ~
PHASE 2
J,19t I.F =BOUNDARY L1Nf: AITJACENT TO LTIY LIMTS
15,909 LF =TOTAL BOL^JDARY PERLNE7ER (PHASE 2)
20.0•/. = F.YTER*JAL BOUNDARY CONI7GUOU5 TO CURRENT CITY BUL'NDARY
0
e
. . C
07108; 05
I" = 600'