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HomeMy WebLinkAbout9590-05 Annexation -20800 Kern Road - Mark Halasz - District 6ORDINANCE No. 9590-05 Passed by the Common Council of the City of South Bend, Indiana May 23, Attest: Attest: ""~ Presented by me to the Mayor of the City of South Bend, Indiana May 24, 2005 JOHN Approved and signed by me M ~ Y 2 ~+ ~ 20 0 5 20 05 City Clerk City Clerk President of Common Council Mayor ORDINANCE NO. ` ~ L~ - ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIlVIITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; Mark J. Halasz 20800 Kern Road South Bend, IN 46614 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 10.17 acres located in Centre Township, St. Joseph County, Indiana, has been filed by 100 percent of the owners of land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH - BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 2, A DISTANCE OF 1315.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF LAFAYETTE FALLS, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, A DISTANCE OF 1337.03 FEET TO A .POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE .NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 356.2$ FEET; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST ALONG THE EAST BOUNDARY OF KERN ROAD ESTATES, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 7826178 AND A PARCEL OF LAND AS DESCRIBED UNDER WARRANTY DEED 8012383, BOTH RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1031.50 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED UNDER INSTRUMENT NUMBER 0035390 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE RESPECTNE BOUNDARY LINE OF SAID PARCEL: (1) SOUTH 89 DEGREES 04 MINUTES 47 MINUTES EAST, A DISTANCE OF 138.05 FEET; (2) THENCE NORTH 00 DEGREES 10 MINiJTES 52 SECONDS EAST, A DISTANCE OF 346.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF KERN ROAD ALSO BEING ON THE SOUTH LINE OF LOT 2 OF WALNUT FARMS AS RECORDED UNDER INSTRUMENT N-UMBER 9837229 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 2 AND LOT 10 OF SAID WALNUT FARMS ALSO BEING. PARALLEL TO THE NORTH LINE OF SAID SECTION TWO, A DISTANCE OF 218.24. FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.17 ACRES, MORE OR LESS; SUBJECT TO ALL COVENANTS, RESTRICTIONS, EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY AARON BLANK, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 20200020, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., FOR KENDALL-WEISS, L.L.P. ON JANUARY 28, 2005. THIS LEGAL DESCRII'TION WAS PREPARED FROM FIELD MEASUREMENTS NOT YET RECORDED IN THE FORM OF A PLAT OF BOUNDARY RETRACEMENT. 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 6th Councilman 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. ~. ~ ~~U MEMBER OF THE COMMON COUNCIL Atte ity I k Presented by me to the Mayor of the City of South Bend, Indiana on the 2,`1-~. day of , 2 00 , at Z ~~~ o'clock ~. m. ~--- C p p ,~~~~ CityC.~IXeXr~k~. Approved and signed by me on the ~~ ~ day of << 2 0.~ ~ , at ~ ~ ~ o'clock ~. m. ~~ Mayor, City uth Bend, Indiana 1st READING 3 _L 8-~'~ PUBLIC HEARING S ~,-0~ 3 rd READING ,~-L?~' ~~ NOT APPROVED F.EfERRED PASSEp S-Z3'°J Filed In Clerk'S Office ~~~-. I~~AR 2 3 JOHN SD RB1:ND, IN. CtiY CLEaK~..~----° TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 21-05 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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARK J. HALASZ, 20800 KERN ROAD, SOUTH BEND, IN 46614 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 Chairperson, Committee of the Whole PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of~land to the City of South Bend, Indiana, for land in Centre Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (I/We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A" and shown on Exhibit "B", both attached hereto. 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 property sought to be annexed is generally located at: South side of Kern. Road approximately 860 feet east of Old Spanish Trail having a common address of 20800 Kern Road, South Bend, IN 46614. 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Kendall-Weiss L.L.P. 828 East Jefferson Boulevard South Bend, IN 46617 6) The parcel is 10.17 acres in size and currently has the following use(s) on it: Single-Family Residential with the current county zoning designation of "R" Residential 7) That the parcel will be used for the following use(s): Single-Family Residential Subdivision to be zoned "SF1" Single-Family Residential upon annexation. • The signature(s) of al property owner(s), or Attorney for all property owner(s) f~ J Signed: 1 Mark J. Halasz Address: of ~/ ~ ~© ~~'(. .,~~.•t't~` ~.~i-'ut; ~/~• ~~6ly Phone Number: `J 7 / - ~ / ~ '~~~s/ Name, Address & Phone Number of Contact Person/Preparer (Please print): Derek J. Spier, A.I.C.P. Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700. Filed In Clerk's Office 1~4AR 2 3 2005 JOHN V(30RDE CI'iY CLEAK, S0. BENO, IN. EXHIBIT "A" LEGAL DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 2, A DISTANCE OF 1315.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF LAFAYETTE FALLS, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, A DISTANCE OF 1337.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 356.28 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST ALONG THE EAST BOUNDARY OF KERN ROAD ESTATES, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 7826178 AND A PARCEL OF LAND AS DESCRIBED UNDER WARRANTY DEED 8012383, BOTH RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1031.50 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED UNDER INSTRUMENT NUMBER 0035390 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE RESPECTIVE BOUNDARY LINE OF SAID PARCEL: (1) SOUTH 89 DEGREES 04 MINUTES 47 MINUTES EAST, A DISTANCE OF 138.05 FEET; (2) THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST, A DISTANCE OF 346.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF KERN ROAD ALSO BEING ON THE SOUTH LINE OF LOT 2 OF WALNUT FARMS AS RECORDED UNDER INSTRUMENT NUMBER 9837229 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 2 AND LOT 10 OF SAID WALNUT FARMS ALSO BEING PARALLEL TO THE NORTH LINE OF SAID SECTION TWO, A DISTANCE OF 218.24 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.17 ACRES, MORE OR LESS; SUBJECT TO ALL COVENANTS, RESTRICTIONS, EASEMENTS, AND RIGHT OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY AARON BLANK, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 20200020, EMPLOYED BY ABONMARCHE CONSULTANTS. OF INDIANA, L.L.C., FOR KENDALL-WEISS, L.L.P. ON JANUARY 28, 2005. THIS LEGAL DESCRIPTION WAS PREPARED FROM FIELD MEASUREMENTS NOT YET RECORDED IN THE FORM OF A PLAT OF BOUNDARY RETRACEMENT. E:U.AND 4~ENG PROJ~M311671survey~I,EGALS~ANNEXATION LEGAL- PHASE 2.doc SHEET 2 OF 2 EXHIBIT "B" /J~r~ 5 I 4 ~ ~~ I-------------- I I 8 I ~~~~, I -----~------ ~\y~.------ ~ 11 I P.O.C. 2 I R\~G\ON~~O~~~ 4 j---~-~C$~`~~9~~----J NE CORNER OF THE I ~~P SSG'( ~" '\ I ~P~~ fl \ ~ \ I NW 1/4 OF I ~1~` I \NS~~' ~ I \NS~ I \ o\ 10 I SEC. 2-T36N-R2E I I 3 ~~ j 1 ~ 2~ I ~ S00'10'52"W I-----L------_- ~~I---,J- S89'04'4 "E 18.24' __ 40.00' _ .. _ . , _ -KERN ROAD- N89'04'47"W 1315.56' T --r'--~ ~ ~- r- NORTH LINE OF THE NW1/4 I I r~ I z ~ ~ o ~' -QF-SAC- 2 ~3fitd=R2E- - - I I °,~° I I ~°~~~ ~t I - N I w z M r~ I o I I o_z o w I ~ I ?YZ~ i I ~ I ~°m~ I I ~ z I woi=-z z I - I I~ ~ o N I >- ¢ I X a. S89'04'47"E I cis `r ImaiD 138.05' I om ~ `r jz o ° Z J Z I n-D'Z I W O .Q D I S Y HYZ w a j W I ~ 0] ~~~00. Ip~2 Z2~= O INOI- N - I D!~ O I~ O~ O (/~ I I O ~ I I I I O I I I I I r~ I o I I w I I I N I ~ I I O I I I o ° I I z --~---~-~----r I I I L-- I i I ~,. I '~~' 14 I 13 I~ I 15 I ~,5~0,\q, I ' `L~- J- --1- ~ ~ ` --- 1' -DE LUNA WAY - ~,~0 ~ I ~~ I I 18 I 17 I I 16 I I --I-----~----L --- OU71-1 LIN EC. ~-T3~ I \ I \ I \ I 51 ~ 50 1149 GRAPHIC SCALE zoo' o ioo~ zoa aoa 1 inch = 200 ft. EXHIBIT DRAWING ~~ ABONMARCHE CONSULTANTS, L.L.C. PT. NW 1/4, SEC. 2, T.36N., R.2E. 75o Lincoln Way East Fort Wayne, Indiana CENTRE TWP., ST. JOSEPH CO., ~N South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 DATE: 1 /31 /05 SCALE: 1 "=200' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES P.0.6. ~ _ ~ 1 z ~~i z~ 2 ~i ~ zI JN -~----- - ---F--~--T w ~' I I I \ I I I \ I I i ~ \\ \ 7 I I 16 15 ~ M I I $ \ I I ~ y -~I I - i-'_ ~ ~ ___~f J 0 9 \ ~ ~~-- ~ o / 23 / 10 / ~~ / ~ / / \~ -- -~ ~ I 22 \ I 11 I w > I-------I-- ----- i o i 21 12 I c~ L-----J-- 13 I N I 20 I I I- - - ~ a 19 I I DE LUNA WAY ---- I-- ~' ~1 ~ 18 ~~~- I 14 I I ~F,~S~1G S o °'~ ~ ~ , ~ - -15 - ~\O ~G~ 17 I ~P ~.P ~~~• r C NNR~~1/4, ~\ '\ N89110'21" 1356. 18' I ~ ~~i-----~1 \\ 2F\\ \\\ 46 \\ ~UR~ 44 ~ 43 ~ 42 ~ 41 / ' - 16 - - - - \\ 48 \\ 4RO~os~~\~P~~1--1-_._J__J----~1 I 40 \ \P~PF~~E SLATER DRIVE L O Z O w rn v