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HomeMy WebLinkAbout9492-04 Rezoning various lots Dinan's Second Addition - property commonly known as 508-536 Crescent Ave.ORDINANCE No. 9492-04 Passed by the Commo~r Council of the City of South Bend, Indiana March 8, Attest: Attest: City Clerk esident of Common Council Presented by me to the Mayor of the City of SoutJ: Bend, Indiana March 9, 04 20 _ JOHN City Clerk Approved and signed by me March 10, 20 p.C~_ ~r ~ ~ ~i ~~c.LC. c:,-~=--.-- Mayor' 20 04 ORDINANCE NO. ~ ~ ~ ~' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, SOUTH BEND INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Ordinance No. 4990-68, as 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: BEGINNING AT A CHISEL CUT MARKING THE SOUTHWEST CORNER OF SAID LOT 20; THENCE ON AN ASSUMED BEARING OF NORTH O1 DEGREE 04 MINUTES EAST ALONG THE WEST LINE OF SAID LOT 20 A DISTANCE OF 37.38 FEET TO A CHISEL CUT MARKING THE NORTHWEST CORNER OF SAID LOT 20; THENCE NORTH 22 DEGREES O1 MINUTES 45 SECONDS EAST ALONG THE SOUTHEASTERLY LINE OF CRESCENT AVENUE A DISTANCE OF 199.40 FEET TO AN IRON STAKE AT THE ANGLE POINT IN SAID CRESCENT AVENUE, BEING THE NORTHMOST CORNER OF SAID LOT 15; THENCE NORTH 61 DEGREES 58 MINUTES 45 SECONDS EAST ALONG THE SOUTHEASTERLY LINE OF SAID CRESCENT AVENUE A DISTANCE OF 160.12 FEET TO AN IRON STAKE AT THE NORTHWEST CORNER OF LAND CONVEYED TO THE MUNICIPAL CITY OF SOUTH BEND IN DR 150, PG 476, SAID STAKE BEING 1 FOOT NORTHEASTERLY OF THE CORNER OF SAID LOT 11; THENCE SOUTH 11 DEGREES 11 MINUTES 45 SECONDS EAST ALONG THE WEST LINE OF SAID CTTY LAND A DISTANCE OF 89.87 FEET TO AN IRON STAKE AT AN ANGLE POINT IN THE WEST LINE OF SAID CITY LAND; THENCE SOUTH 41 DEGREES 21 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF SAID CITY LAND A DISTANCE OF 29.91 FEET TO AN IRON STAKE AT THE SOUTHWEST CORNER OF SAID CITY LAND MARKING THE SOUTHEAST CORNER OF SAID LOT 11; THENCE SOUTH 52 DEGREES 53 MINUTES 45 SECONDS EAST ALONG THE SOUTH LINE OF SAID CITY LAND A DISTANCE OF 15.92 FEET TO AN IRON STAKE AT THE SOUTHEAST CORNER OF SAID CITY LAND BEING THE SOUTHWEST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE OF SAID CITY LAND ALONG THE FOLLOWING FOUR (4) COURSES; SOUTH 26 DEGREES 54 MINUTES 30 SECONDS WEST 37.34 FEET TO AN IRON STAKE; THENCE SOUTH 00 DEGREES 11 MINUTES 30 SECONDS EAST A DISTANCE OF 100.50 FEET TO AN IRON STAKE; SOUTH 44 DEGREES 12 MINUTES WEST 47.18 FEET TO AN IRON STAKE; SOUTH 00 DEGREES 11 MINiJTES 30 SECONDS EAST 10 FEET TO AN IRON STAKE ON THE SOUTH LINE OF SAID PLAT; THENCE NORTH 89 DEGREES 35 MINUTES WEST ALONG THE SOUTH LINE OF SAID PLAT AND ALONG THE SOUTH LINE OF SAID ALLEY AND THE SOUTH LINE OF SAID LOT 20 A DISTANCE OF 179 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION. ALSO THE FOLLOWING PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBER SIX (6), DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND; THENCE IN A STRAIGHT LINE IN A NORTHEASTERLY DIRECTION TO THE NORTH BOUNDARY LINE OF SAID LOT SIX (6) AT A POINT NINETY-FIVE (95) FEET WEST OF THE NORTHEAST CORNER OF SAID LOT SIX (6); THENCE IN A STRAIGHT LINE IN A NORTHWESTERLY DIlZECTION TO THE NORTHWEST CORNER OF LOT TEN (10) IN SAID ADDITION; THENCE IN A SOUTHWESTERLY DIItECTION ALONG THE SOUTHEASTERLY LINE OF CRESCENT AVENUE A DISTANCE OF FOURTEEN AND SEVENTY-FNE HUNDREDTHS (14.75) FEET; THENCE SOUTHEASTERLY EIGHTY-SEVEN AND THREE TENTHS (87.3) FEET PARALLEL WITH AND FOURTEEN (14) FEET FROM THE SECOND STRAIGHT LINE ABOVE MENTIONED; THENCE IN A SOUTHWESTERLY DIRECTION TO THE SOUTHEASTERLY CORNER OF LOT ELEVEN (11) OF SAID ADDITION; THENCE IN A SOUTHEASTERLY DIRECTION TO THE POINT OF BEGINNING. be and the same is hereby established as a classification of "A-3" Mixed Use, Multifamily Residential, and Commercial District, "f' Height and Area. 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. GGiC-~/JL Member of the Common Counci 1st READING Z~Z3~©~ PUBLIC HEAR{NG ~~ '~ ~~ 3rd READWG '~_g~0`'~ NOT APPROVF~D REFERRED PASSED 3' g'0 Filed ni Clerk's Office JONN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, 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 BARNES &THORNBURG Richard ]. Deahl (574) 237-1240 Email: richard.deahl®btlaw.com VIA HAND DELIVERY Ms. Janice Talboom Office of the City Clerk 227 West Jefferson, Room 455 South Bend, Indiana 46601 RE: Madison Center/Crescent Street Rezoning Dear Janice: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)Z33.1171 Fax (574)237-1125 wwwbtlaw.com February 18, 2004 As you may know, Mary Beth from your office kindly contacted me yesterday to point out a scrivener's error with the legal description provided for Madison Center's rezoning of property on Crescent Avenue. This rezoning was approved by the South Bend Common Council on Monday, February 9. We would like to submit the enclosed form of Ordinance with a slight correction on the second page of the legal description to substitute the form of Ordinance previously provided to the Council. Please feel welcome to call me at any time of I can provide any additional information. Thank you for your assistance in this matter. Very truly yours, S & THORNBURG :~....QJ,19.~~~..p Richard J. Deahl RJD:sIr Enclosure SBDS02 RJD 290023v1 -------_ Filed in C{e~ tc'~ ~~'tu~. r~~ ~ ~ 2004 .'.:. L.} JOHN YppROE CITE CLERK, S0. BEN0. ~ - Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. BARNES &THORNBURG Bruce R. Bancroft (574) 237-1128 Email: bruce.bancroft~btlaw.com South Bend Common Council County-City Building South Bend, IN 46601 RE: Ordinance 9486-04 Ladies & Gentlemen: Ffted In Cterk's Office S •. I(1 r---^ t~' ~L , 4, JOHN VOORDE GIYCLERK, S0. BEND, tll. 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574) 233-1171 Fax (574) 237-1125 www.btlaw.com March 4, 2004 We write as legal counsel to Madison Center, Inc., the Petitioner in the Petition to Rezone which was adopted by you as Ordinance No. 9486-04 at a public hearing held at the Common Council meeting on February 9, 2004. After passage of this Ordinance, a scrivener's error was brought to our attention in the legal description of the property which is the subject of the above Ordinance. The scrivener's error has been addressed and corrected in a substitute bill which will be filed and presented to you at your meeting on March 8, 2004 for a first reading. We request that you process this substitute bill to correct the scrivener's error. Thank you very much for your cooperation and the fine cooperation we have received from the Office of the South Bend City Clerk in this matter. Very truly yours, BARNES THORNBURG Bruce R. Bancroft BRB:aml SBDS02 BRB 290976v1 Chicago Elkhart Fort Wayne Grand Rapids Indianapolis South Bend Washington, D.C.