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Home My WebLink About9622-05 Annexation Southwest corner of Brick Rd & Portage Rd, Mary Ann Powell & Sally Dunn - Council District 1ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: September 26, 20 05 JO City Clerk Presented by me to the Mayor of the City of South Bend, Indiana September 27, 05 20 President of Common Council Ciry Clerk Approved and signed by me September 2 9 20 0 5 ~*~c-e ~ ~ Mayrn' ORDINANCE NO. cC b ~-~= -4 S 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, CERTAIN LAND LOCATED AT THE SOUTHWEST CORNER OF BRICK ROAD & PORTAGE ROAD, MARY ANN POWELL & SALLY DUNN, COUNCILMANIC DISTRICT NO.1, GERMAN TOWNSHIP, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.24 acres located in German Township, St. Joseph County, Indiana, has been filed by 100 percent of the owners of land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. 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 Northwest Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner the Northwest Quarter of Section 22; thence South 00° 22' 11" West along the west line of said Northwest Quarter, a distance of 129.38 to the west line's intersection with the westerly right-of--way line of Portage Avenue and the east line of Field Pointe Subdivision Phase 2 Section 3 as shown in the Office of the Recorder of St. Joseph County, Indiana as Instrument no. 0003856, said point being the point of beginning; thence North 69° 38'41" East, at right angles with said westerlyright-of--way line, a distance of 70 feet, more or less to the easterly right-of- way line of said Portage Avenue being the northeast corner of Lot 9 as shown on the recorded plat of Field Pointe Phase Three in said Recorder's Office as Instrument no. 0051408; thence South 75° 13'56" West along the north line of said Lot 9, a distance of 140.81 feet to the northwest corner of said lot 9, said point also being on said east line of Field Pointe Phase 2 Section 3; thence North 00°22' 11" East along said east line, distance of 396.01 feet to the point of beginning containing 1.24 acres more or less. Subject to the legal rights of public highways and subject also to any easement, covenants or restrictions of record. 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. That the above described real estate shall be and hereby is assigned to the Councilmanic District No. 1 of the City of South Bend, Indiana. 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. Attest: Ci C e MEMBER OF THE COMM N COUNCIL Presented by me to the Mayor of the City of South Bend, Indiana on the Z~day of -~~~' 2 ~Of, at ~ ~~ o'clock, . m. City Clerk Approved and signed by me on the at 9.,~ o'clock cz .m. ,~ ~9 day of ~ , 2 oD , Mayor, City o uth Bend, Indiana 1 sr READING ~~S-°S PUBLIC HEARING ~_~Z pS 3rd READING _ NOT APPROVED~'L~ ~~S"` REFERRED PASSED CL--Z~._pS' Filed In Clerk's Office ~~~ ' 1 200 JOHN VSO RBEND, IN. CI'('( CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 45-05 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, CERTAIN LAND LOCATED AT THE SOUTHWEST CORNER OF BRICK ROAD & PORTAGE ROAD, MARY ANN POWELL & SALLY DUNN, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, 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 Description: A part of the Northwest Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner the Northwest Quarter of Section 22; thence South 00°22' 11" West along the west line of said Northwest Quarter, a distance of 129.38 to the west line's intersection with the westerly right-of--way line of Portage Avenue and the east line of Field Pointe Subdivision Phase 2 Section 3 as shown in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0003856, said point being the point of beginning; thence North 69°38'41" East, at right angles with said westerly right- of-way line, a distance of 70 feet, more or less to the easterly right-of--way line of said Portage Avenue; thence South 20°21' 19" East along said easterly right-of--way line, a distance of 384.09 feet; thence South 69°38'41" West, at right angles with said easterly right-of--way line, a distance of 70 feet, more or less to a point on the westerly right-of- way line of said Portage Avenue being the northeast corner of Lot 9 as shown on the recorded plat of Field Pointe Phase Three in said Recorder's Office as Instrument No. 0051408; thence South 75° 13'56" West along the north line of said Lot 9, a distance of 140.81 feet to the northwest corner of said Lot 9, said point also being on said east line of Field Pointe Phase 2 Section 3; thence North 00°22' 11" East along said east line, a distance of 396.01 feet to the point of beginning containing 1.24 acres more or less. Subject to the legal rights of public highways and subject also to any easements, covenants or restrictions of record. ~it~~ I~ C~~tiEs'~ ®ff~~e AU G ~ 2005 CITY Cl.~i#:b~, :=C. ~EuD, !N PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND INDIANA I (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, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, 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 temtory 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 in generally located at: Southwest corner of Brick Road & Portage Road 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Owner Mary Ann Powell & Sally Dunn Contingent Purchaser Vevara Hardiman 6) The parcel is 1.24 acres in size and currently has the following use(s) on it: Vacant 7) That the parcel will be used for the following use(s); Construction of one (1) single family residence The signature(s) of all property owner(s), or Attorney for all property owner(s) ~/> , Signed: l ~ ~~"~'~~ ~~ Signed: Mary Ann Powell Sally Dunn Address :10754 Jefferson Boulevard Address: 10754 Jefferson Boulevard Osceola Indiana 46561 ~~~ ~~ y - ~ 7~~ Phone Number: - ~ Name, Address & ~of Contact Perso. J! Be~fiard Feeney ' Lang, Feeney & Associates, Inc. 715 S. Michigan St. South Bend, In. 46601 Phone: (574) 233-1841 Fax: (574) 674-0374 File in ~:lv~ tr'S ~~fi~e AUG 1 200 CITY CL~R~ , 5~3. E~ri?vD, IN Osceola. Indiana 46561 Phone Number:~7`~ ~ 7~- ~~ ~ 3 (Please print): Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION AND WANER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system and/or water system of the city of South Bend, Indiana, to provide sanitary sewer service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Mary Ann Powell & Sally Dunn 04-1046-1006 10754 E. Jefferson Boulevard Osceola, Indiana 46561 Mary Ann Powell & Salley Dunn, Portage Road, South Bend, Indiana 46628, Owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose a~ pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the Public sanitary sewer and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instnmrents of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. The delivery of arty instrument of conveyance from the Owner to arty successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. ~t ~~ Mary Ann owell Sa v Dunn Before me, the undersigned, a Notary Public in and for said State, personally appeared Names and acl.~nowledge the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. WITNESS my hand and Notarial Seal this ~ day of ~/.l ~' o~OC~~ ~~~ '~ 1~/ ' (Written Signature) (Printed) A resident of St. Joseph County, Indiana. Commission Expires: STATE OF INDIANA COUNTY OF ST. JOSEPH SS: ~~_ ~` oaooso~o ~~ o (~ ; ~, ~ ,~ G ~ e o ~ L 1~ ~.J e o ~; ~J : ~~ o. ~ 0 ~\ .,'`'ras~,s~,', Nw`'i~~~e~ Fi~^~ t~~ ~t~r~'~ ~~f~~e AUG 1 2005 ~~i5i`i Z~'J~J~1QL C,1TY t.i.~Ci:~ CJ. S;t€iD. 1A( City of South Bend, Indiana Common Council 4"' Floor, County-City Building South Bend, Indiana 46601 Re: Petition for Voluntary Annexation into the City of South Bend, Indiana To: The Honorable Board, Please be advised that Lang, Feeney & Associates, Inc. has been directed to represent my interest at the public hearing for Voluntary Annexation into the City of South Bend, at which this petition is to be considered. ~~~ Mary Ann Powell ~~~~~ S Ily Dun Fltod l5~ C~~'"~~'~ ®if€Ce AUG ~ 21J0~ J~';'< ~,~ ;,~RCE Cir~ GL~:if..y ~~J. ~t ~.P~~, 1~