HomeMy WebLinkAbout10-20 Amendement to Ordinance 10629-18 � UTH"'�, PHONE 574/235-9241
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QTY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL QTY ATTORNEY
I
March 3,2020
Mr.Tim Scott
MAR 0 3 2020
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601 IN
Re: An Ordinance Amending Ordinance#10629-18
Dear Council President Scott:
On November 26,2018,pursuant to request of petitioner, the South Bend Common Council passed Ordinance No.
10629-18 annexing to the City of South Bend an area in Clay Township identified as the Old National Annexation Area.
We learned from the St. Joseph County Plat Room Officer that the legal description contained in Ordinance No.
10629-18 was incorrect. The description in its first sentence of that ordinance referred to the"Southwest Quarter of Section
29"when it should have been the Southeast Quarter of Section 29. Therefore,an ordinance correcting the legal description
in Ordinance No. 10629-18 is needed.Because the original date of the enactment of this ordinance is significant,the attached
corrective ordinance makes clear that only the legal description is affected and that the original effective date of the
ordinance is not altered.
Mr. Michael Divita, Principal Planner, in the City's Department of Community Investment, will present this
ordinance to the Common Council at the appropriate Council meetings which we expect to occur on Monday, March 23,
2020.
Thank you for your assistance and cooperation.
Sincerely,
Aladean M. DeRose
City Attorney
c: Michael Divita
ELLIOT A ANDERSON GEOVANNY MARTINEZ SANDRA KENNEDY
CLARA MCDANIELS THOMAS E.PANOWICZ DANIEI.I.F CAMPBELL WEISS
Filed in Clerk's Office
MAR 0 3 2020
BILL NO. 10-20 i --
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
ORDINANCE NO. _-
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, RETROACTIVELY AMENDING ANNEXATION ORDINANCE #10629-18
(OLD NATIONAL ANNEXATION AREA)TO CORRECT SCRIVENER'S ERROR IN
LEGAL DESCRIPTION
STATEMENT OF PURPOSE AND INTENT
On November 26, 3018 the South Bend Common Council approved Ordinance #10629-
18 which annexed to the City of South Bend, Indiana certain real estate in Clay Township
contiguous to the City. The legal description of Ordinance #10629-18 was erroneous in that it
referred to the annexation area as a "Part of the Southwest Quarter of Section 29, Township 38
North Range 3 East, St. Joseph County, Indiana...." when it should have been "the Southwest
Quarter of the Southeast Quarter of Section 29...." This ordinance corrects the legal description
but otherwise reaffirms Ordinance No. 10629-18 retroactive to November 26, 2018 and
preserves its original effective date.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section I. Ordinance No. 10629-18 is hereby amended at Section I to describe the Old
National annexation area as follows:
That Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North,
Range 3 East, St. Joseph County, Indiana,being more particularly described as follows:
Beginning at the Northwest Corner of Lot"A" in Standard Federal Bank Replat of Lots 1 and 2
in Tower Minor Subdivision, recorded August 29, 1994 as Instrument Number 94-32933 in the
Office of the Recorder of St. Joseph County, Indiana; thence West along the existing City Limit
Line 122' more or less to the West Right-of-Way Line of State Road 23, also being the East Line
of Lot 2A of Foundation Center First Replat Subdivision; thence Southwesterly along the West
Right-of-Way Line of State Road 23, 417 feet,more or less, to the South Right-of-Way Line of
Douglas Road; thence East 120 feet, more or less, to the East Right-of-Way Line of State Road
23; thence North along the East Right-of-Way Line of State Road 23 to the existing City Limit;
thence West 18 feet,more or less, and Northeasterly 127 feet,more or less, along the existing
City Limit Line; thence Southeasterly 30 feet more or less, and Easterly 215 feet, more or less,
along the existing City Limit Line to the Southeast Corner of Lot"A" in Standard Federal Bank
Replat of Lots 1 and 2 in Tower Minor Subdivision, recorded August 29, 1994 as Instrument
Number 94-32933 in the Office of the Recorder of St. Joseph County, Indiana; thence North
along the East Line of said Lot 160 feet; thence East along the South Line of said Lot 102.3 feet;
thence North along the East Line of said Lot 80 feet to the Northwest Corner of said Lot; thence
West along the North Line of said Lot 143.6 feet to the Point of Beginning. The Annexation
Area contains approximately 1.89 acres.
Section II. Ordinance No. 10629-18 is in all other ways reaffirmed and this Ordinance
shall be retroactive to November 26, 2018, the original effective date of Ordinance No.10629-
18.
Section III. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor, retroactive to November 26, 2018.
Tim Scott, President of the Common Council
South Bend Common Council
Attest:
Dawn M. Jones, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of , 2020, at o'clock m.
Dawn M. Jones, City Clerk
Approved and signed by me on the day of , 2020, at o'clock
m.
James Mueller, Mayor, City of South Bend