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HomeMy WebLinkAbout35-18 Ceres Annexation Area 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 z O�c U)7 'ail cx* v— C=2 :5 �100 * 14'i Lj R° O )A C)Z ZAs BE :!5.2 3 g to CL co -!Sly. li tif; i MT111,11 1 ixwj�wgj .,: §,,!i3-; l li;" t 2. W& nfils X. -M p, v � -a � if'.!1"R ill, uj cl *6 in I M 4 . cr 91-111 "-,'1 ." 11 x i P�n . 1111 .71 c Atli 9 fn M Hy i 1 HM AIum q Z d cr- z �j w C= co CD C=) 0 L LL 00 1:< 0 (3) ' U) Lq (D LL v �I ja Q0 co CQ s A w co co � E LAWRENCE P. MAGLIOZZI I'XE('till%L DIRECTOR Angela M. Smith I)rpul, Diroct or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROO&I 1140'COUN-1 Y-CITY BUILDING, SOU T11 BEAD, INDIANA 46(,01 (S74) 235-901 September 19, 2018 Honorable South Bend Common Council 4th Floor, County-City Building South Bend,IN 46601 RE: Bill #35-18 Rezoning: APC 42874-18 — 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 Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, October 8, 2018. Ordinance & Petition Amendments: No changes. Public Hearing Summary: There was no one to speak in favor of the petition. One person spoke in opposition to the petition citing potential negative effects on the water table, runoff, air quality and how that could damage crops, soil,wildlife and people. She also was concerned the demand didn't exist for industrial development. If you have any further questions, please feel free to contact me at(574)235-9571. Si erely, J •dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.5 T J O S E P"C O U N T Y IN DO A N A.C O M!A R E A PLAN LAWRENCE P. MAGLIOZZI I,I-(ll F I N't.I)city C'l'()IC Angela M. Smith I),pot1 IN riot or PARPEAPLAN COMMISSION C)F ST_ JOSEPH C(DUNTY, IN 227 W. JEFFF ItSON BLVD., ROOM 1140 COUNTY-CITY BU ILI)ING, SOIITH BFNI), INDIANA 16601 (574)23i-9571 Wednesday, September 19,2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District(County) to GI General Industrial District(City), property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend-APC#2874-18, Dear Council Members: I hereby Certify that the above referenced ordinance of Ceres Farms LLC was legally advertised on September 6, 2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John Leszczynski,being seconded by Robert Hawley and unanimously carried,a proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District to GI General Industrial District, property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning the site to GI General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities, which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Ceres Farms LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE , NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND T_ W w W.S)C I N C[ANA.C 0 14/)0 6 1.,..-p I.n Staff Report 9/7/2018 APC # 2874-18 Owner: Ceres Farms LLC I..ocation: A 229 acre tract of land north of the St.Joseph Valley Parkway,approximately 1 150 feet west of State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from A: Agricultural District(St. Joseph County)to GI General Industrial District(South Bend). Land Uses and Zoning: On site: On site is tilled farmland. North: To the north is tilled farmland and the ethanol plant,zoned GI General Industrial (South Bend). East: To the east are vacant parcels zoned GI General Industrial District(South Bend)and A: Agricultural District(St. Joseph County)which are pending rezoning to GI General Industrial District(South Bend). South: To the south,across the St.Joseph Valley Parkway,are parcels zoned A: Agricultural District and a business zoned C:Commercial District(St. Joseph County). West: To the west are parcels zoned A: Agricultural District(St.Joseph County). District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial/mixed use districts by less intense industrial districts. Site Plan Description: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The business to the south was rezoned to C: Commercial District in 1998. Traffic and Transportation Considerations: Calvert Street is two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. APC 4 2874-18 Page 1 of 2 Staff Report 9/7/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 2.3: Create opportunities for manufacturing companies to locate in the community and Objective LU 7.2: Require the annexation of contiguous property being serviced with City Utilities, where legally feasible, to provide for future uses as identified in the Future Land Use Map. Land Use Plan: The Future Land Use Plan identifies this area for heavy industrial growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Parcels in this area have been developed for light and heavy industrial uses. 3. Most Desirable Use: The most desirable use for this property would be industrial uses. 4. Conservation of Property Values: Expanding industrial properties adjacent to industrial uses,and with proper screening and buffering, property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to develop large areas adjacent to major corridors for heavy industrial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to G1 General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities,which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. APC# 2874-18 Page 2 of 2 4SpUT$8 Department of Community Investment 1865 Memorandum Monday,August 13,2018 Filed in Clerk's Office TO: Kara Boyles, Engineering Environmental Services (Solid Waste) AUG 13 2018 Aladean DeRose, Legal Ed Herman, Water Works KAREEMAH FOWLER Jennifer Hockenhull,Administration & Finance CITY CLERK,SOUTH BEND, IN Larry Magliozzi,Area Plan Commission Federico Rodriguez, Fire Sgt. Chad Goben, Police Randy Wilkerson and Tracy Skibins, Code Enforcement FROM: Michael Divita, Principal Planner SUBJECT: Request for Service Reports Ceres Annexation Area (100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Ceres Annexation Area has been received by the City and is receiving First Reading by the Common Council today,August 13, 2018. The proposed Annexation Area consists of one full parcel,two partial parcels,and adjacent right-of- way totaling about 254.6 acres and is located at the west end of Calvert Street, northwest of the US 31 (Bypass)-Prairie Avenue(SR 23) interchange. The area currently contains agricultural land and is zoned agricultural in the County. With the annexation,the petitioner seeks rezoning to"GI" General Industrial District to permit agricultural and other allowable uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by August 27, 2018. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov. cc: Mayor Pete Buttigieg Laura O'Sullivan, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council James Mueller, Executive Director,Community Investment Tim Corcoran, Director of Planning, Community Investment Kareemah Fowler, City Clerk Bianca Tirado, Deputy City Clerk John McNamara, County Surveyor 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX:574-235-9021 1 SOUTHBENDIN.GOV i SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of sewer line(s) 2) listing of properties connected to sewer line(s) 3) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 4) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 5) a listing of properties covered by waivers Water Works: 1) location, size, and capacity of water line 2) listing of properties connected to water line(s) 3) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department: 1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Code Enforcement: 1) Code Enforcement Area to be assigned 2) whether comparable response time can be maintained Area Plan: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Environmental 1) capacity to provide solid waste service Services: 2) cost to owner of service 3) when service can begin County Surveyor: 1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Ceres Annexation Area Portage Township Prepared August 2018 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5%) 28% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Near west end of Calvert Street, west of Renewable Road (New Energy Drive) Address(es): None Tax Key Number(s): 017-1007-0223 (part) 017-1012-0307 (part) 017-1012-030901 Subdivision(s) of Record: None Acres: 254.6 Current Net Assessment: $451,200 Current Population: 0 Proposed Population: 0 Current Land Use: Agricultural Proposed Land Use: Agricultural Current Zoning: "A" Agricultural District, St. Joseph County Proposed Zoning: "GI" General Industrial District, City of South Bend Council District: 6th Council District Scheduled Effective Date: November 25, 2018 Comments: Proposed Annexation Area includes the adjacent portion of the US 31 right-of-way Map I Ceres Annexation Area Bel ill sr S � ul NORTH 0 a y 0 250 500 1,000 1.500 QCity of South Bend -Ceres Annexation Area Fe et Prepared by City of South Bend Depart ment of Community Investment August 10.2018 Legal Description Part of the Southwest Quarter of Section 16 and the North Half of Section 21,Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16;thence East along the North Line of the South Half of the Southwest Quarter of Said Section,to the West Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines), being the Point of Beginning;thence continuing East along the North Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line;thence South 1,318 feet more or less along Said North/South Centerline and the South Bend City Limit line to the South Line of Section 16, being also the South Bend City Limit line; thence East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21;thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the office of the St.Joseph County Recorder;thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line of US 31;thence Southeasterly along Said Right-of-Way to the East/West Centerline of Section 21;thence West along Said East/West Centerline to the Southerly Right-of-Way of Said US 31;thence Northwesterly along Said Right-of-Way to the West Line of Said Section 21; thence North along Said West Line to the North Line of Said Section 21 and the South Line of Section 16;thence continuing North along the West Line of Section 16 to the Northwest Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right-of-Way to the place of beginning. Containing 254.62 acres, more or less, including railroad and US 31 Rights-of-Way. Proposed Schedule for Ceres Annexation Area File Date 8/8/18 Council 1st Reading 8/13/18 Fiscal Plan Service Request Sent 8/13/18 Fiscal Plan Service Request Due 8/27/18 Fiscal Plan Done 9/10/18 Council Advertisement 9/14/18 Area Plan Commission Public Hearing 9/18/18 Board of Public Safety 9/19/18 Board of Public Works Agenda Session 9/20/18 Board of Public Works Hearing 9/25/18 Fiscal Plan Resolution to Clerk 10/3/18 Council 2nd Reading 10/8/18 Council 3rd Reading 10/22/18 Ordinance Advertised 10/26/18 Appeal Period Start 10/26/18 Appeal Period End 11/25/18