HomeMy WebLinkAbout9558-05 Annexation 20 Vacant lots Adjacent to Cross Creek Sub. frontage along BrickORDINANCE No.
9558-0 S
Passed by the Common Council of the City of South Bend, Indiana
January 10, 20 05
Attest: ~- ~--~,.., a~-~~ .~,Q~ -~ City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 11, 20 05
Approved and signed by me January 12 20 05
City Clerk
Mayor
ORDINANCE NO. ~ S S g- ~ ,~
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 IN GERMAN TOWNSHII' CONTIGUOUS THEREWITH;
- _: Gregory A. Kizer
. 20± vacant acres lying west and
adjacent to Cross Creek Subdivision, frontage along Brick Road.
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation of 20± acres located in German Township, St. Joseph County,
Indiana, has been filed by 100 percent of the owners of land in the temtory sought to be annexed. It is the
intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana.
HEREFORE 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 tract of land beginning at the northeast corner of the Northwest Quarter of Section 22, Township 38
North, Range 2 East, thence south along the east line of said Northwest Quarter, a distance of 1989.24 feet
to the northeast corner of a tract land conveyed to Frank J. Prusinski by deed record as instrument number
8505339 in the Office of the Recorder of St. Joseph County, Indiana; thence west along the north line of
said Prusinski tract of land, a distance of 440.00 feet to the southeast corner of a tract of land conveyed to
Bruce R and Dorothy J. Michalos by deed record as instrument number 8108480 in said Recorder's
Office; thence north along the east line of said Michalos tract of land and it's projection to the north right-
of-way line of Brick Road, a distance of 2009.24 feet; thence east and parallel to the north line of said
Northwest Quarter, a distance of 440.00 feet to the point of intersection with the east line of said
Northwest Quarter; thence south along said east line, a distance of 20 feet to the point of beginning.
Subject to restrictions and taxes of record and rights of way for legal highways, drainage tiles, ditches,
feeders and laterals.
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 1~`
Councilmanic District 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.
MEMBER OF THE COMMON CIL
Attest:
'ty Cl rk
Presented by me to the Mayor of the City of South Bend, Indiana on the ~~day of 1d,nu~.t~
2004, at 3 ` ~ 3 0 o'clock~_. m.
~~ ~ City Clerl
,~. S'
Approved and signed by me on the (Z. day of •~.-• , 200#; at o'clock9•S a.m.
1st READING ~~ yLSA~
Filed !n Clerk's Qffice
O CT i 9 2004
JOHN VOORDE
CITY CLERK, S0. BEND, IFL
PUBLIC HEARING ~Z,-~3~~~"
3rd READING ,_~p--0 $"
NOT APPROVE^u
REFERRED
PASSEp ~ ~ ~~-O.j
Indiana
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
81-04 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 IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH;
GREGORY A. KIZER, 20 +/- VACANT ACRES LYING WEST AND
ADJACENT TO CROSS CREEK SUBDIVISION, FRONTAGE ALONG
BRICK ROAD
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.
Sean Coleman
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION
INTO THE CITY OF SOUTH BEND. INDIANA
I, 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, Gregory A. Kizer, am the owner (hereinafter "petitioner") of a parcel of land
more particularly described in Exhibit "A".
2) Petitioner desires that the parcel be annexed to the City of South Bend, Indiana,
by proper ordinance.
3) That this Petition is signed by at least:
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 is generally located at: The 20± acres of
vacant land lying west and adjacent to the Cross Creek Subdivision, frontage
along Brick Road.
5) That the name and address of the contingent purchaser(s), if applicable, is:
Garden Homes By E.L., Inc. phone: 574-277-3500
17874 State Road 23
South Bend, Indiana 46635
6) The parcel is 20± acres in size and currently has the following use(s) on it:
This parcel is currently vacant.
7) That the parse! will be used for the following use(s): Single family subdivision
The signature(s) of all property owner(s), or Attorney for all property owner(s)
Gregor AhCizer ~
52501 Portage Road
South Bend, Indiana 46628
574-277-0835
Prepared by:
Lang, Feeney 8~ Associates, Inc.
J. Bernard Feeney
715 South Michigan Street
South Bend, Indiana 46601
574-233-1841
EXHIBIT A
A tract of land beginning at the northeast corner of the Northwest Quarter of Section 22,
Township 38 North, Range 2 East, thence south along the east line of said Northwest
Quarter, a distance of 1989.24 feet to the northeast corner of a tract land conveyed to Frank
J. Prusinski by deed record as instrument number 8505339 in the Office of the Recorder of
St. Joseph County, Indiana; thence west along the north line of said Prusinski tract of land, a
distance of 440.00 feet to the southeast corner of a tract of land conveyed to Bruce R. and
Dorothy J. Michalos by deed record as instrument number 8108480 in said Recorder's Office;
thence north along the east line of said Michalos tract of land and it's projection to the north
right-of--way line of Brick Road, a distance of 2009.24 feet; thence east and parallel to the
north line of said Northwest Quarter, a distance of 440.00 feet to the point of intersection with
the east line of said Northwest Quarter; thence south along said east line, a distance of 20
feet to the point of beginning.
Subject to restrictions and taxes of record and rights of way for legal highways, drainage tiles,
ditches, feeders and laterals.
' 440' BRICK ROAD
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SITE PLAN
PART OF NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA