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HomeMy WebLinkAbout9565-05 Annexation - 23931 & 23885 Brick Road - Jim & Donna Gregar: and Arthur and Nancy BeallORDINANCE No. 9565-05 Passed by the Common Council of the City ofSoutli Bend, Indiana January 24, Attest: Attest: 20 05 Presented by me to the Mayor of the City of South Bend, Indiana January 25, 20 05 City Clerk President of Common Council City Clerk Approved and signed by me January 27, 20 05 Mayor 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, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; Jim & Donna Gregar; Arthur & Nancy Beall 23931 & 23885 Brick Road STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.03 acres located in German Township, St. Joseph County, Indiana, has been filed by 100 percent of the owners of land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A part of the Southwest Quarter of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East; and the Northwest Quarter of the Northwest Quarter of Section 20, Township Thirty Eight (38) North, Range Two (2) East, all in German Township, St. Joseph County, Indiana, and more particularly described as: Beginning 220' East of the Southwest corner of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East; thence North 200'; thence East 110'; thence South 159.89'; thence East along the north right-of--way line of Brick Road 60.21 feet to the Southwest comer of Lot 2 of Daugherty Minor Subdivision; thence North along the west ]ine of said subdivision 165.62 feet to the Northwest corner of said subdivision; thence East along the north line of said subdivision 138.06 feet to the Northeast comer of said subdivision; thence south along the East line of said subdivision 164.94 feet to the Southeast comer of said subdivision; thence West along the South line of said subdivision and also being the North right-of--way line of Brick Road 90 feet more or less to a point 80 feet north of the Northeast corner of Lot 1 of Kiskowski 2°d Minor Subdivision; thence South 80 feet to the Northeast comer of Lot 1 of Kiskowski 2°° Minor Subdivision; thence South along the East line of said subdivision 211.26 feet to the Southeast corner of said subdivision and also being the North right-of--way line of Cleveland Road; thence in a Northwesterly direction along the North right-of--way line Cleveland Road to the Southwest comer of said subdivision; thence North along the West line of said subdivision to the Northwest corner of said subdivision and also being the South right-of--way line of Brick Road; thence in a Northwesterly direction 70 feet to a point 330 feet East of the Southwest comer of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East, also being on the South line of said Section; thence 110 feet West along the South line of said Section to the point of beginning. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. That the above described real estate shall be and hereby is assigned to the First Councilmanic District of the City of South Bend, Indiana. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON OUNCIL Attest: ity C rk Presented by me to the Mayor of the City of South Bend, Indiana on the L~~day of cQ:nu. , 2 dQf, at L~-~(S o'clock. m _ 1- ~'(~'-~ City Cler !z /2;~~ Approved and signed by me on the ~_ day of ~u , 2~~~o'clock m Mayor, City outh Bend, Indiana 1 st P.EADING 1z-\ 3 ~~~ PUBLIC HEARING ~-\ ~-`~S 3 rd READING ~ _ 7,y-0 S" NOT APPROVED REFERRED PASSED ~~Z`l-O S Filed In Clerk's Office. NOV 2 4 2004 JO4tN YOORCE CRY CLERK, S0. BEND, IK. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 89-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; JIM & DONNA GREGAR; ARTHUR & NANCY BEALL, 23931 & 23885 BRICK ROAD Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman PETITION FOR THE VOLUNTARY ANNEXATION 1NT0 THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): X a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR _ b. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The properties sought to be annexed are generally located at: 23931 & 23885 Brick Road 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Department of Redevelopment, City of South Bend 6) The parcels are 1.03 acres in size and currently has the following use(s) on it: Two single-family homes 7) That the parcel will be used for the following use(s): Eventually to be incorporated into either a commercial or industrial development The signature(s) of all property owner(s), or Attorney for all property owner(s) G~ ~, ~~~~~~^ Signed: ~ igned: ~„ U~~ , -~ x ~ ` fOJ~ Address: ~ 3~3 j ~~ ~ Address: z~ g~ S ~~ iQ.k ~~. Phone Number: (574) 277-4974 (home) Phone Number: (574) 277-6461 X574) 282-4350 x 5 (work) Name, Address & Phone Number of Contact Persons/Preparers (Please print): Jim Gregar 23931 Brick Road South Bend, IN 46628 Arthur Beall 23885 Brick Road South Bend, IN 46628 Filed In Clerk's Office PJDV 2 4 2004 JOHN VOORDE CITY CLERK, S0. BEND, tK. Exhibit "A" LEGAL DESCRIPTION Apart of the Southwest Quarter of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East; and the Northwest Quarter of the Northwest Quarter of Section 20, Township Thirty Eight (38) North, Range Two (2) East, all in German Township, St. Joseph County, Indiana, and more particularly described as: Beginning 220' East of the Southwest corner of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East; thence North 200'; thence East 110'; thence South 159.89'; thence East along the north right-of--way line of Brick Road 60.21 feet to the Southwest corner of Lot 2 of Daugherty Minor Subdivision; thence North along the west line of said subdivision 165.62 feet to the Northwest corner of said subdivision; thence East along the north line of said subdivision 138.06 feet to the Northeast corner of said subdivision; thence south along the East line of said subdivision 164.94 feet to the Southeast corner of said subdivision; thence West along the South line of said subdivision and also being the North right-of--way line of Brick Road 90 feet more or less to a point 80 feet north of the Northeast corner of Lot 1 of Kiskowski 2na Minor Subdivision; thence South 80 feet to the Northeast corner of Lot 1 of Kiskowski 2na Minor Subdivision; thence South along the East line of said subdivision 211.26 feet to the Southeast corner of said subdivision and also being the North right-of--way line of Cleveland Road; thence in a Northwesterly direction along the North right-of--way line Cleveland Road to the Southwest corner of said subdivision; thence North along the West line of said subdivision to the Northwest corner of said subdivision and also being the South right-of--way line of Brick Road; thence in a Northwesterly direction 70 feet to a point 330 feet East of the Southwest corner of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East, also being on the South line of said Section; thence 110 feet West along the South line of said Section to the point of beginning.