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Home My WebLink About9483-04 Annexation 52423 Portage Road - Omar M. Abuhilal - District 1ORDINANCE No. 9483-04 Passed by tlae Common Council of the Ciry of South Bend, Indiana January 26, 20 04 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana January 27, 04 20 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me .Tan„ar~ ?g 20 ~_ ~"~~ 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; (OMAR M. ABUHILAL 52423 PORTAGE ROAD, SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 2.09 acres located in German Township, St. 3oseph, 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 temtory 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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION). THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS N. 00°- 00'-00" E., 292.71 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE N. 00°-00'-00" E., 100.00 FEET, MORE OR LESS, ALONG THE WEST RIGHT-OF-WAY LINE OF MAPLE ROAD; THENCE N. 90°-00'-00" E., 892.19 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOTS #1, 2, 3 AND 4 IN THE PLAT OF "PORTAGE FARMS" RECORDED IN BOOK 15, PAGE P-5 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE TO THE EAST RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 21°-03'-14" E., 107.15 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOTS; TI~NCE S. 90°-00'-00" W., 930.68 FEET, MORE OR LESS, ALONG SAID LOTS TO THE PLACE OF BEGINNING. CONTAINING 2.09 ACRE, MORE OR LESS. 2 SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. That the above described real estate shall be and hereby is assigned to the 1`` Councilmanic District of the City of South Bend, Indiana. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. ~ ~ MEMBER OF CO ON COUNCII. 1 st READING ~ 0 'l ~ - 03 PUBLIC HEARING'., l~,_pt.~ 3 rd READING ~ ~ 2.b-0~{ NOT APPROVED REFERRED PASSED ~--Zlp -0`{ ~~~~~ 1~ ~98~~ ~ ®~~~ ~l~~ ~ r~ ~~~~~ ~7Y~, t'v'~ D33SD, [~'; TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 84-03 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; OMAR M. ABUHILAL, 52423 PORTAGE ROAD, 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 favorable recommendation. Sean Coleman Chairman 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 GER1ViAN Township, St. 3oseph County, Indiana, and in support of which Petition allege(s) and aflYrm(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): 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: 52423 Portage Road South Bend, Indiana 46628 S) That the name and address of the contingent purchaser(s), if applicable, is/are: N/A 6) The parcel is 2.09 acres in size and currently has the following use{s) on it: Residential home 7) That the parcel will be used for the following use(s): Residential purposes. OC"f A ~i 2003 ~.®'A3TTA J. t~A f~iTl CLFiFt`~ £~. E1C.Po"~~ i; J. 2 The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: Signed: Address: 52423 Portage Road South Bend Indiana 46628 Phone Number: {574) 273-4551 Name, Address and Phone Number of Contact PersonlPreparer (Please print): Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46b28 (574)234-4003 ~~~~ r~ ~r~~~°~ ~~~ ~~1 ~ ~ zoos ~~. ~~ env . ~. E~°~, t3y. Exhibit "A" ANNEXATION LEGAL DESCRIPTION Parcel I. ANNEXATIONI. THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS N. 00°- 00'-00" E., 292.71 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE N. 00°-00'-00" E., 100.00 FEET, MORE OR LESS, ALONG THE WEST RIGHT-OF-WAY LINE OF MAPLE ROAD; THENCE N. 90°-00'-00" E., 892.19 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOTS #l, 2, 3 AND 4 IN THE PLAT OF "PORTAGE FARMS" RECORDED IN BOOK 1 S, PAGE P-5 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE TO THE EAST RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 21°-03'-14" E., 107.15 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOTS; THENCE S. 90°-00'-00" W., 930.68 FEET, MORE OR LESS, ALONG SAID LOTS TO THE PLACE OF BEGINNING. CONTAINING 2.09 ACRE, MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~~~~~ 1~ ~~~~~°~ ®f~~~ OOT 0 ~ 200 ANNEXATION DIAGRAM SURVEY ORDERED BY: OMAR ABUHILAL SURVEY DATED: SEPTEMBER 30, 2003 PROJECT NO.: 030356 PART OF THE NORTHWEST QUARTER OF SECTION 22. T. 38 N., R. 2 E. GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA `c a h 0 0 ,.~ ~.R,~~~ I ~ry ~n ..~~~J oOR~^~ r,. ~\G. ,5 ~ N 90' E 892.1 ~ PET1T10NSITE 2 n4 a3 Z.~ AC~f a $08.05~f $ 90'00'00" W 930.6 n NI m PRESENT CITY LIMIT gl BOUNDARY LINE b 0 z SOUTHWEST COR. NORTHWEST QUARTER SEC. 22, T. 38 N., R. 2 E. •'. `- - - ~ - `~ EAST & WEST QUARTER LINE SEC. 22, T. 38 N., R. 2 E. LINE DISTANCE BEARING AA 100. 00' t N 00.00' 00' E AB 107. 15' t S 21' 03' 14' E AC 107. 15' t S 21' 03' 14' E AD 100. 00' t N 00.00' 00' E OCT 0 ~ Z003 ~o~rr~~. astca c~rcu~x,~o.~.~~%~ -pf~i- 0 200 ~ 400 600 SCJ4LE 1' = 200' rt~c arner dr seac tee, n~ Land Surveyors Professional Engineers Landscape Architects- Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574}234-4119 2422 Yridian Drive, Suite 201 ^ South Bend, 1N 46628 1 1 ~-~ Uanch, F/arner ~ ~I ssociates, /nc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects .Land Planners RE: Annexation Petition for Omar M. Abuhial for property at 52423 Portage Road, South Bend, Indiana: Dear Council Members: Our client, Omar M. Abuhial, is asking that his Annexation Petition by tabled until the January 12~h, 2004 meeting of the Common Council. This tabling will allow time for the various City Departments to comment on the inclusion of the property into the Corporate Limits of the City. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Michael J: Ranch President ~J Ranch, Harner & Associates File # 030356 "C" Md. ~=rE~s~ il~ ~E~r~:'~ ~;~i~p NOV~ 2 ~,: 2003 LORFi7 fA J. DUDS GiTYGLERK, £O.6i<PfO, IN, November 19, 2003 2422 Viridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 once 5741234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 1200 COUNTY-Crrr BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN ~. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT October 10, 2003 Ms. Karen White, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear Ms White: Bill Number 84-03 is a voluntary annexation proposing to 'annex contiguous territory to the City of South Bend. This Bill also proposes to zone the annexed area to "A" Residential. The Indiana Code requires that voluntary annexation ordinances be advertised 20 days before public hearing, and adopted no earlier than 14 days after the public hearing. Fiscal plans, required of all annexations, must be adopted after the public hearing of the annexation ordinance. I am requesting that the following schedule be followed: Public hearing (Second Reading): November 24, 2003 Hearing on fiscal plan (by resolution): November 24, 2003 Adoption (Third Reading): December 8, 2003 The delay in the Second Reading is due to the Fiscal Plan having to be scheduled before the Board of Public Works, the Board of Public Safety, and the zoning proposal to be heard before the Area Plan Commission (if applicable). If you have any questions, please feel free to contact me at 235-5550. Thank you. Sincere~~, Larry Maglio i `='~, Division of Community Deve opment cc: Area Plan Commission Kathy-Cekanski-Fanand Erv Kuspa, Chair, Zoning & Annexation Committee F: IDATAISHAREIDpndlAnnexationlACTIVEIAbuhilallCounci101.abu.wpd ~It~~ [n ~t®rtt'~ ®~tc~ O C T 1 0 2003 N~L/O}~Ci~QT~fA~fJ/.~ DcU~9~A ~q ~M~ ~ ~a~n^I vV-G~l~t`rYj ITw COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL BC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-93i1 VOLUNTARY ANNEXATION -Tentative Annexation Schedule (100% voluntary annexation) PET[TION: Petition Filed I st Reading Fiscal Plan Hearings Fiscal Plan Available Omar M. Abuhilal (BOPW Agenda Form) Bill No: 84-03 10/08/03 10/13/03 I 1 /06/03 Resolutions /Fiscal Plans Due Meetin Date Public Works (t/0) 11/05/03 8:00 11/06/03 9:30 11/10/03 Resolution# Public Safety (t/~) 11/05/03 s:oo 11/12/03 Resolution# Council Phase Public Hearing Advertised in SBT Public Hearing Notification to Property Owners (Not required, but do anyway) (Enclose Annesalion Schedule and map) (Owner First Notification) 20-Day Notice: map of annexation area cutrentzoning location where fiscal plan may be inspected name and phone number of Ciry contact APC Phase Area Plan Commission Public Hearing (if applicable) Council Phase APC report received by Council Fiscal Plan &Resolution filed w/City Clerk's Office Public Hearing / 2nd Reading Fiscal Plan Hearing 3rd Reading All henrines conducted: County-City Btdg, South Bend. IN 4th Floor Council Chambers - 7:00 p.m. Ordinance Publication Date Remonstrance Phase Annexation Remonstrance Period Begins Annexation Remonstrance Period Ends: By: 11/04/03 (10 days prior to~ Actual: By: 11/04/03 (IO days prior to~ Actual: n/a n/a (Counci102) By noon on: 1 1 / 19/03 11 /24/03 11/24/03 Not Before: 12/08/03 12/08/03 (/4Days after PN) 12/19/03 (30 Days) 12/19/03 01/18/04 Days: 102 Months: 3.4 For any questions, comments or concerns in regard to this Schedule, please contact Larry Maglioz:i at 235-5550 f tdatalsharelDpndUnnexationlFormslAnnesation Scheduler.gpw Form Rev. 8/03 State of Indiana St. Joseph County ss: -- --- -~ Notice is hereby given the citimns of sam, FJend.~ •~ C~.on~i- CountY.Indiona. ma, Council of the City of ~ ~ Berl. St. Joseph, CountY• any in the Council Chomben of the ~~y_~ty Buildrt9• 717 West Jefferson goulevard• South Bend. Irxtiano• on IJbndoY. No- vember 21. 2003. wSll hold at t~ p.rn„ d Publi.~d Ordirxx+~: Personally appeared before me, a notary public in and for said county and state, the undersigned Carol Smith who, being duly sworn says that she is of competent age and is Advertising Director of The South Bend Tribune, a daily newspaper which for at least five (5) consecutive years has been published in the City of South Bend, county of St. Joseph, State of Indiana, and which during that time, has been a newspaper of general circulation, having a bona fide paid circulation, printed in the English language and entered, authorized and accepted by the post office department of the United States of America as mailable matter of the second-class as defined by the act of Congress of the United States of March 3, 1879, and that the printed matter attached hereto is a true copy, which was duly published in said newspaper. 1 time s, the dates of publication being as follows: October 31. 2003 ~~ Subscribed and sworn to before me this 31st day of October 2003 . Geraldine Dickey Notary Public Resident of St. Joseph County My commission expires January 28, 2009 Charges X12.22