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HomeMy WebLinkAbout9827-08 Rezoning 2122 South Bend Ave. - District 4ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana February 11, 20 08 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana February 12, 20 08 City Clerk President of Common Council City Clerk Approved and signed by me 20 ~~~-il- Mayor ORDINANCE NO. l Z-~ ~© AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILI\1ANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ("Dignan") has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half-quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.8] feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning. be and the same is hereby established as CB Community Business. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. -~ Member of the Com on Council Atte ity Cle Presented by me to the Mayor of the City of South Bend, Indiana on the (Z-~I.~ day of ~'~ , 2008, at I `~ S~ o'clock ~.m. ~--~ ~ City Clerk ~ ~~z~c~-1 ~ _ Approved and signed by me on the /Z day of~, 2008, at ?:Sc o'clock .m. Mayor ofthe Cit of South Bend, Indiana I Z- ~ o-~l ': st READING `\_~g, -JBL6C HEARING Z' rd READWG Z-l\- ° g ;dOT APPROVED REFERRED PASSED 2-1 \- d o Frt~ ~i~~-:'S (~~RC9 DEC - ~ ~,:~ :;~~ JO,;tt :`f?0~^E CITY CLE:~K, cn, E'.a+,D, I~ Date Filed: December 5, 2007 Application No. Date received by the Area Plan Commission: December 5, 2007 Petitioner Dignan LLC, by its authorized representative, Plews Shadley Racher & Braun LLP, makes application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1. The property sought to be rezoned is located at: 2122 South Bend Avenue, South Bend, Indiana 46637 2. Name and address of the property owner of the petition site: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 3. Name and address of the contingent purchaser: N/A 4. It is desired and requested that this property be rezoned from "LB" Local Business to "CB" Community Business. 5. .This rezoning is requested to allow the following use: office or retail uses as permitted in the CB district. 6. Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) a location map, drawn to scale, which includes street names printed in 8 '/z" x 11" format. PETITION PREPARED BY: Attorney for Pet' Toner John Lloyd, Esq. Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273-1010 ..DEC - 5 ~ ;~' TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 88-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorite recommendation. Derek D. Dieter Chairperson. Committee of the Whole LEGAL DESCRIPTION A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point 588.5 feet East of the intersection of the East line of Edwardsburg Road and the South line of the North Half of the Southeast Quarter of said Section 31; thence East 60 feet; thence North 425 feet; thence Southwesterly 72 feet with the Southerly line of said Edwardsburg Road to a point due North of the place of beginning; thence South to the place of beginning; being Lot Numbered Three (3) in an unrecorded Plat of Wolf's South Bend Avenue Proposed Addition. Excepting therefrom: A part of the North Half of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of Pensinger's Subdivision, a subdivision in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, the plat of which subdivision is recorded in Plat Book 16, Page 2 in the Office of the Recorder of St. Joseph County, Indiana; thence North 89 Degrees 14 Minutes 23 Seconds East 227.18 feet along the South line of said Half-quarter section; thence North 1 Degree 30 Minutes 33 Seconds West 323.81 feet to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 57 Degrees 52 Minutes 34 Seconds East 70.95 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the West line of the owner's land and the point of beginning of this description; thence North 57 Degrees 52 Minutes 34 Seconds East 69.54 feet along said boundary to the Eastern line of the owner's land; thence South 3 Degrees 07 Minutes 38 Seconds East 5.84 feet along said Eastern line; thence South 55 Degrees 50 Minutes 12 Seconds West 71.12 feet to the West line of the owner's land; thence North 2 Degrees 23 Minutes 25 Seconds West 8.79 feet along said West line to the point of beginning. D ~C - 5 _. G~~'!j arc 1.~~rE'n, !~; G ~{ a ... _____------- Date Filed: December 5, 2007 Application No. ~~ O Date received by the Area Plan Commission: December 5, 2007 Petitioner Dignan LLC, by its authorized representative, Plews Shadley Racher & Braun LLP, makes application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1. The property sought to be rezoned is located at: 2122 South Bend Avenue, South Bend, Indiana 46637 2. Name and address of the property owner of the petition site: Dignan LLC P.O. Box 536 South Bend, Indiana 46624 3. Name and address of the contingent purchaser. N/A 4. It is desired and requested that this property be rezoned from "LB" Local Business to "CB" Community Business. 5. This rezoning is requested to allow the following use: office or retail uses as permitted in the CB district. 6. Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement ofpurpose and intent; (d) a list of names and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property; and (f) a location map, drawn to scale, which includes street names printed in 8 %z" x 11" format. PETITION PREPARED BY: John Lloyd, Esq.• Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574) 273-1010 DEC - 5 ~~J' Jort~! eCvR^E CR1 GLEf~n, S'J. @i~BaD, tai Attorney for Pet' 'over STATEMENT OF PURPOSE AND INTENT Petitioner Dignan LLC ("Dignan"), by its authorized representative, Plews Shadley Racher & Braun LLP, has applied to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance for its property located at 2122 South Bend Avenue, South Bend, Indiana 46637 from "LB" Local Business to "CB" Community Business. Dignan is a property management company and seeks this rezoning to allow it greater flexibility with the potential future uses at this location. Dignan anticipates an office or retail use as allowed by the CB zoning classification. Even with this rezoning, the property's zoning classification will be consistent with neighboring properties. John Lloyd, E Attorney for P itioner Plews Shadley Racher & Braun LLP 53732 Generations Drive South Bend, Indiana 46635 (574)273-1010 ~ .ad b.s `' ---"-- ~~~ - 5 LIST Oi' NEIGHBORING PROPERTY OWNERS Petition Property: 2122 South Bend Avenue, South Bend, Indiana 46637 Toth Enterprises, LLC Cheryl G. Copelin 17812 Ashford Hills Court 1733 North Ironwood Drive Granger, Indiana 46530 South Bend, Indiana 46635 Tax Key No. 24-1001-0422 Tax Key No. 24-1001-0434 Rocco & Julia Ameduri J.A. Mirkin Realty, Inc. 612 Peashway Street c/o Sam Mirkin South Bend, Indiana 46617 15635 Spring Mill Drive Tax Key No. 24-1001-0423 Mishawaka, Indiana 46545 24-1001-0426 Tax Key No. 24-1022-051002 Jerry N. Macri Indiana Land Trust 3011 2046 South Bend Avenue 1639 North Ironwood Drive, Suite 2 South Bend, Indiana 46637 South Bend, Indiana 46635 Tax Key No. 24-1001-0425 Tax Key No. 24-1002-0551 24-1002-0552 Joe T. Edgin 51040 Oak Lined Drive Jinco Inc. Granger, Indiana 46530 940 Industrial Parkway Tax Key No. 24-1001-0427 Elkhart, Indiana 46516 Tax Key No. 24-1002-0553 Twenty Three North Partnership 24-1002-0554 P.O. Box 6608 24-1002-0555 South Bend, Indiana 46660 Tax Key No. 24-1001-042901 Premier Commercial Rentals, LLC P.O. Box 429 N2R Partnership Notre Dame, Indiana 46556 1701 North Ironwood Tax Key No. 24-1002-0556 South Bend, Indiana 46635 Tax Key No. 24-1001-0429 Ironwood Enterprises, LLC 24-1001-0430 2012 Ironwood Circle 24-1001-0431 South Bend, Indiana 46635 Tax Key No. 24-1002-0564 EMRO Marketing Company 539 South Main Street Indiana Department of Transportation Findlay, Ohio 45840 100 North Senate Avenue Tax Key No. 24-1001-0432 Indianapolis, Indiana 46204 Tax Key No. 24-1008-0662 James G. & Dorothy L. Phillipoff c/o Mrs. John Probst Petitioner's Property.• 17927 Augusta Court Granger, Indiana 46530 Dignan LLC Tax Key No. 24-1001-0433 P.O. Box 536 South Bend, Indiana 46624 Tax Key No. 24-1001-0428 LIST OF NEIGHBORING PROPERTY OWNERS Petition Property: 2122 South Bend Avenue, South Bend, Indiana 46637 Toth Enterprises, LLC 17812 Ashford Hills Court Granger, Indiana 46530 Tax Key No. 24-1001-0422 Rocco & Julia Ameduri 612 Peashway Street South Bend, Indiana 46617 Tax Key No. 24-1001-0423 24-1001-0426 Jerry N. Macri 2046 South Bend Avenue South Bend, Indiana 46637 Tax Key No. 24-1001-0425 Joe T. Edgin 51040 Oak Lined Drive Granger, Indiana 46530 Tax Key No. 24-1001-0427 Twenty Three North Partnership P.O. Box 6608 South Bend, Indiana 46660 Tax Key No. 24-1001-042901 N2R Partnership 1701 North Ironwood South Bend, Indiana 46635 Tax Key No. 24-1001-0429 24-1001-0430 24-1001-0431 EMRO Marketing Company 539 South Main Street Findlay, Ohio 45840 Tax Key No. 24- ] 001-0432 James G. & Dorothy L. Phillipoff c/o Mrs. John Probst 17927 Augusta Court Granger, Indiana 46530 Tax Key No. 24-1001-0433 Cheryl G. Copelin 1733 North Ironwood Drive South Bend, Indiana 46635 Tax Key No. 24-1001-0434 J.A. Mirkin Realty, Inc. c/o Sam Mirkin 15635 Spring Mill Drive Mishawaka, Indiana 46545 Tax Key No. 24-1022-051002 Indiana Land Trust 3011 1639 North Ironwood Drive, Suite 2 South Bend, Indiana 46635 Tax Key No. 24-1002-0551 24-1002-0552 Jinco Inc. 940 Industrial Parkway Elkhart, Indiana 46516 Tax Key No. 24-1002-0553 24-1002-0554 24-1002-0555 Premier Commercial Rentals, LLC P.O. Box 429 Notre Dame, Indiana 46556 Tax Key No. 24-1002-0556 Ironwood Enterprises, LLC 2012 Iromvood Circle South Bend, Indiana 46635 Tax Key No. 24-1002-0564 Indiana Department of Transportation 100 North Senate Avenue Indiana olis Indiana 46204 p , Tax Key No. 24-1008-0662 Petitioner's Property Dignan LLC P.O. Box 536 South Bend, Indiana 46624 Tax Key No. 24-1001-0428 ca ca ~ s`° 7 ~~ ~ G3 X41,:; :;. ~:'. 1 sr ~:: C, LJ-1 . re; ~' e.i '.... o ~. c ~~ ~~: - Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 January 16, 2008 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Dignan LLC to zone from LB Local Business District to CB Community Business District, property located at 2122 South Bend Avenue, City of South Bend - APC# 2459-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Dignan LLC was legally advertised on Thursday, January 3, 2008 and that the Area Plan Commission at its public hearing on Tuesday, January 15, 2008 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance and site development plan of Dignan LLC to zone from LB Local Business District to CB Community Business District, property located at 2122 South Bend Avenue, City of South Bend is sent to the Common Council with a favorable recommendation subject to connecting to municipal water and sewer. This area is an acceptable location for Community Business District uses. The rezoning is compatible with the surrounding land uses and zoning to the north and east. The rezoning will reuse an underutilized structure and should benefit the surrounding area. The addition of the required landscaping will help beautify the adjacent area. 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, ~w~, l~• lj~~~i~'l~Wt /~F6hn W. B ornt .JJ Y JWB:sr Attachment CC: Dignan LLC John Lloyd, Esq. o Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 'L H i `t !~ r `~ ~` Z ~, 1\ .~~;~ ~~. .~ -, =~, ~ `: 'X ~'" %, ~ i~ ,I. 1 ~. 3 -'~,` ~~ ,.~ 5° ~~ ~/,~ .. ~_ ~ ~,., - - - v GB ' _- I_ - _ S 1 GB _ 111 LB O ~,, ~ ,~ R ~ R LB Q7 H , Rose ~ , . ~ - - ~ .t ~,~ f ~rC _~,.s i. ' O k j~`~ 41' iz +a ~. D. ~ ~.~'°'~~ SF1 Ironwood '~ E. Rezo~iing from: "LB" LOCAL BUSINESS to "CB" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "B" BUSINESS ~_ COUNTY "C" COMMERCIAL SOUTH BEND "SF1"SINGLE FAMILY & TWO FAMILY SOUTH BEND "M F2" HIGH-DENSITY MULTIFAMILY SOUTH BEND "LB" LOCAL BUSINESS ' 6 =~ SOUTH BEND "CB" COMMUNITY BUSINESS SOUTH BEND "G B" GENERAL BUSINES N W E S 1 inch equals 200 feet APC # 2459-07 Staff Report APC # 2459-07 Owner: Dignan LLC Location: 2122 South Bend Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow office or retail uses. Land Uses and Zoning: On site: On site is a 3,200 square foot building zoned LB Local Business District. North: To the north across South Bend Ave. is a bank zoned CB Community Business District. East: To the east is a businesses zoned LB Local Business District. South: To the south is a supply/warehouse company zoned GB General Business District. West: To the west is a barber shop zoned LB Local Business District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.51 acres. The site plan shows an existing approximately 3,200 square foot building. Buildings cover approximately 14% of the site. The site plan shows 10 parking spaces with up to 20 spaces available depending on the use. The 10 existing parking and drives consist of 30% of the site. The remaining 56% of the site consist of open area. Type A Open Landscaping is required along all property lines. There is also a billboard located along the north property line of the site. Traffic and transportation considerations: South Bend avenue has four lanes and a center turn lane. Utilities: The site is currently served by private well and septic systems. Additional information: (Agency comments) City Engineering has reviewed the site plan and recommends connection to municipal sewer and water. The water main is located on the frontage of the property on South Bend Avenue, and sewer is available two lots south of the subject property. Dignan LLC #2459-07 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Economic Development Policy ED 1.2 encourages reuse of abandoned and underutilized land and structures. The rezoning is consistent with the Comprehensive Plan's Economic Policy. Land Use Plan: Citv of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site currently has a vacant building. The area is commercial in character. 3. Most desirable use: The most desirable use for the property is commercial. 4. Conservation of property values: The surrounding property values should not be effected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse of an underutilized building. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This area is an acceptable location for Community Business District uses. The rezoning is compatible with the surrounding land uses and zoning to the north and east. The rezoning will reuse an underutilized structure and should benefit the surrounding area. The addition of the required landscaping will help beautify the adjacent area. 3 Dignan LLC #2459-07 Page 2 of 3 ... '.~ r ~ '~r ~~: W ' * ' .~. .. - : ., v i ~ t ~ O ~~ ' O ' t a ~ ~ ~.~z ~ >~.. ' F. ti a. t,. x ~a ~~ o~ Roosevelt- . 1 v m R ` R LB y t- Rose e~ .. G9 'o 0 0 a SF1 r S 1 / ~ Ironwood ~ f ~ t 3 /` Rezoning from: "LB" LOCAL BUSINESS to "C B" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "B"BUSINESS COUNTY "C"COMMERCIAL SOUTH BEND 'SF1"SINGLE FAMILY &TWO FAIv1LY SOUTH BEND 'MF2"HIGH-DENSITY MULTIFAMILY SOUTH BEND 'LB" LOCAL BUSINESS SOUTH BEND 'CB" COMMUNffY BUSINESS SOUTH BEND 'GB" GENERAL BUSINES N W E S 1 inch equals 240 feet APC # 2459-Q7 Dignan LLC #2459-07 Page 3 of 3 LEGAI o[scPoPrloN: A PART OF 1HC NORTH FULF OF THE SOUINCASi OLURIER OF SEC110N 31, 10WNSHIP 78 NORTH, RANGE J EAST, DESCRIBED AS FOLLOWS: REGINNING AT A POIM 588,5 F[Ei GST OF THE INIERSCCTgN OF THE FA51 LINE OF EDIYARD~URG ROAD PND 1M SONH LM[ OF THC NORM HALF OF THE SOMMAST QUARTER OF SMD SECTION 31; 1MNCE EAST 60 fELi; THEAKE NORTH 115 FEET; THENCE SYAITHWES1ERlY 72 fCET WDH THE SOUTMRIY LNVE OF SUO EDWARD58'JRG Ra1010 A POIM OUE NORTH OF 1HE FEACE Of BEG]NNING; iHCNCE SOUTH TD THC fHACE OF BEGINNING; BEING l0i NUMBERCO THREE (S) IN AN UNRECORDED PUT OF WOLF'S SOViH B[ND Av[NUE PROPOSED ADDDION. E%CEDIING THEREFROM: APART O< 1HE NOR1H HPIF M THE SOMHTASi OUARTERC{ SEC110N 31, TOWNSHIP 38 NORTH, RANCf J EAS1, 51. JOS[PH COUNTY, INDIANq DCSCRIBCD AS FOLLOWS: COMMENCMC AT 1HE NUR1MASi CORNCR Ot PENSMCER'S SUBOMSIDV, A SUBDNISION IN THE YJUTHEAST OUAPICR a $CFION )1, lOYMSHIP 38 NOR1H, RNJCE J EAST, SL JOSEPH COUMY, THE PUi OF WHICH SUBD1wS10N IS RECORDED IN PUI BOOR 16, PAGE 2 IN iM OF(ICE M 7HE RCro(9CR OF SI. JOS[PH COUNtt, 1NDUNA; TIffNCE NORTH 69 DEGRECS 1A MINUTES 23 SECONDS EAST 127.18 fE[i ALONG 1ME SDUIH tWE OF SVD H0.F-OUAMER SECTION; THENCE NORTH 1 DECRCE 3D MINUTES J) SECONDS NEST J21B1 FE[1 101X[ SOJ1HE0.51ERN BOUNDARY OF EaYkRDSBURG HIGHWAY, S.R. 23; 1HENC[ NOMH 57 DECR[ES 52 MINUTES )A SECONDS CAST 7D.95 F[Et AONC THE BOUNDARY OF SNO EDWARDSBUAC HIGHWAY, S.A. 23 TO 1H[ WFSi LINE Of THC OWNER'S LWD AND THE POIM OF BECMMNC M THIS [[SCPoP110N; 1HENC[ NOAiH 57 CEGRCES 52 NINMES 31 SECOMS EAST 69.51 FEC7 ALONG S.4D BOUNDNtY 10 1HE [ASiCAN LME OF THE OWNER'S UNO; iHENCC SOUFH 3 DEGRECS 01 MMUiCS JB SCCONDS [AST 5.84 F[E7 ALONG SAD EASTERN LME; THENCE SOUTH SS DEGREES 5D NINUT[S IZ SECONDS WEST 71.12 FEET TO TH[ W[Si tME a THE OWNER'S UNO; THENCE NORTH 2 DEGRECS 2J NMN[S 25 SECONDS WEST 879 IEET ALONG 5410 WEST LINE TO 7M POIM OF BIGINNING. ACSM/ALTA LAND TITLE SURVEY PART OF THE SOUTHEAST QUARTER. OF SECTION 31, TOWNSHIP 38 RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIAN FOR DIGNAN, LLC R ~P ~P SURuETOR'S REPORT ~ ~S P ~~ ~ 1DLE HOLDERS NAME: ~NG ~ 1) IN ACCORWNCE WITH TDIE 665, ARTICLE 1.1, CHAPTER 12 OF THE INDWN ADMMSTRATM CODE (RULC {11J, lhE FOLLDWMG R,G~~O E M I O B S ~O M ~ D ON N C CA ~ O ~ P S ~ U PE M D E S ~N 1 ' TPRO~~P ti~ NOOM ERROR N (THEORETICAL ERI AB7fY') 1 HE C Y AE AN AS TROa1Lf BY MEASU ME C L I N ES 0 RO O Y C'iQ ~~ ~ uAwRITTEN PoCHiS ASSOCNT[0 WNH THESE UNC[RTNMI[5. ~ ~ 1HISSSURKY B A RECORD DOCUM[M RETRACEMENT SURY[Y OF LOT 3 AS SHOWN DN 1HE MCORDED PU7 Cf W'OLFC'S SOMH BEND ~ ~ SP,~A ~~ AffNJE PDOI11aJ, R[CORD[0 IN 1HE OFFICE OF THE RECORDER OF SI. JOSEPH COUMY, INDIANq 1HE BASIS OF BEARINGS FOR 1HIS GUAIEY IS AN ASSUMED S. B9' JB' 7B' W. FOR THE SOUTH UNE OF SMD LOT. / 1HE TH[OREIICA UNCCRIAINIY (DUE 10 RNAOIA CRAORS IN MEASURCMENi) DF THE CORNERS OF THE SVB1ECi TRACT ESTABLISHED IN iI R S F N E N ~~ µ ~K~ UNCERINNF~ES N TTIE lOCA1bNS GF~ E LMES 017 FEET, AB A RESUO~DF IHE I90YE OBSERVAiIONS~6 MY OPINION 1HAT iH[ ~ ~ NVD CORMRS ES7ABLISMD ON THIS SURVEY ARE IS FOLLOWS: ~ -DUE TD YARUNC[S IN RCF[RENC[ MONUMCMS: AS SHOWN ON THE PUi OF SURVEY HEREON ATTACHED. DPHRENCES IN aSANCES SHOWN H[REON ARE DUE 10 THE FIELD uGSUR[MEMS REUTION 10 R[CORD DbTANCES. - - OUE TO OISCRCPANCICS M THE RECORDCD DESCRIPTION: NOM IN PEUTNIN TO THC RECORD DCSCRIP710N WCRE FOUND. ~ ' - OUE TO INCONSRTENCICS M iM LMCS OF OCCUPA110Y: NONC OBSERVED. - ~ ~ - COMMEMS: A COPY OF THE REroliDEO PUT AND A PREwOUS SURVEY BY THE SCHNEIDEA COAP ON PART OF LOi 2 WERE USED IN - iHE PREPARATION OF THE SURKY AND USCG IN ESIABOSMNC THE MISSRIG PROPERTY CORMRS. 1) NO TITLE CONNIINEM HAS BEEN SUPPII[D 101HE SURvfY(Ft A11HE TIME Of THIS SURVEY. FIEID WORN FOR THIS SURVEY WAS COMPIFTED ON: 6-D6-O7. J) THAT THIS SVRV[Y WAS PERFORNED FRON PUBLIC RECORDS AND tFG4 DESCRIP110NS Ai THE ' ~ REOlf51 OF DCWN TLC, AN GVONNI UMDED LV,BILDY COMPANY.. ~ / ~ , ~ ', / / ' / ~ ~'. wRKroR's aR1lfxAUDN: ~ ~ ' aRnn to: N IMDED IABI D roMPANY C a ~ A DCNAN, LL , AN IN A L L I Y / / I AAERICAN PARTNERS, L.P., WR MCNAW LIMITED LFBILDY CONPANY ~ ORST AMCRIGN IDLE INSVRANCC COPPANY /~ ~ / 1HAi iMS MAP OR PUT AND TIQ SURVEY ON WHICH N IS BASCD WERC MALE IN ACCORDANCE WI1H ?AINWUN SIANMRD DC1A1 ~ REOUIREMMS FOR RLTA/ACSM UND IDLE SURuIYS', JOIMLY [51ABLISH[D AND ADOPTED BY Al1A ACSN AND NSPS M 2005, AND / - / MCLUD[S DENS 1, 2, ), A, 6, 70, TD, ]c, 8, 9, 10, I la, 12, 13, 16, OF 7ABl[ 'A' 1HERCOF, PURSUANT ID THC ACCURACY STANDARDS A$ ADCPiED BY AITq ACSM AND NSPS AND IN EFFECT ON THC DAII OF THIS CEMIFICAiION, 7HE UNDERS]CVVED / / NRIHER CERTIFIES TINT THE POSDIONAL UNCERIAMTRS RFSVLi M FROM 1HE SURVEY MCASURENENiS MADE ON 1M SUMEY W ' { NOT E%CECD 1HE NLOWADIC POSDIONPL TOLERANCE. urvu ~ ,' 4 WNµ~p Q CE OF JU E W7 ~ ~ I / ' „ ~ SKMED THIS I)IN DAY N , 2 . ~ ~ ~ ` ~~D T~~O` ~ ~ ~ WOLFE S SOUTH BE I ND AVENUE ADDf110N g i. ~GYE ~ ~ «o ~ g ~K NAIL SET 3 i 5-0523 (} _ * ~ STATE OF * ~ - ~ ~!v1 ~• -/~-~y. ~ ~/ , s ~ ~' :LEANDUT RON FOUND _ s V,m p~, IEkWCE D. TANG, R.LS. {S-D52J ~ Y ~. OIAN Q2 y ~ ~' 1TILITY POLE ~D suR~ ~ B ' , oono ~ ' REBAR SET W~ CAP i/B / I FOUND I IGHi POLE ~' ~ / ~ ' 7 dEASURED / / ~ tECORD ~~ '~ / B / ~ ' ~. ~ ' '. ~ / -_- - / ~~ ~~~ ~ PENSINGER'S ADDNION \ 8 ~° r ~ i IRONWOOD CIRCLE / ~ ~ Feeney k Associates ~ 1 s d • ~ ns s. MmNl9er, sN~~ ~ / ~~ ~' /'