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Home My WebLink About9502-04 Annexing - 20000-21000 South Side of Kern Road- Duane O. & Virginia M. ZeigerORDINANCE No. 9502-04 Passed by the Common Council of the City of South Bend, Indiana April 26, Attest: Attest: JOHN Presented by me to the Mayor of the City of South Bend, Indiana April 27, 20 04 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me April 28, 2Q o4 20 04 !~- ~ ORDINANCE NO. ` ~ ~ L - ~ 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; Duane O. and Virginia M. Zeiger 20000-21000 Block, South Side of Kern Road STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 116.206 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, A DISTANCE OF 3.99 FEET FROM A RAILROAD SPIKE, 0.1 FEET BELOW THE SURFACE OF THE PAVEMENT; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1315.56 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT OF WAY LINE OF KERN ROAD AS PLATTED BY WALNUT FARMS SUBDIVISION, RECORDED UNDER INSTRUMENT NUMBER 9837229 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1054.10 FEET; THENCE SOUTH 00 DEGREES OS MINUTES O1 SECONDS WEST, ALONG THE WEST LINE OF PROPERTY DESCRIBED IN INSTRUMENT NUMBER 0164689 IN SAID OFFICE OF RECORDER, A DISTANCE OF 1043.82 FEET TO THE SOUTHWEST CORNER OF SAID PROPERTY; THENCE SOUTH 89 DEGREES 54 MINUTES 59 SECONDS EAST, ALONG THE SOUTH LINE OF SAID PROPERTY, A DISTANCE OF 261.36 FEET, TO THE EAST LINE OF SAID NORTHWEST QUARTER, SAID POINT LYING SOUTH 00 DEGREES OS MINUTES O1 SECONDS WEST, A DISTANCE OF 1000.00 FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED BY RAILROAD SPIKE, 0.1 FEET BELOW THE SURFACE OF THE PAVEMENT; THENCE SOUTH 00 DEGREES OS MINUTES O1 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 1666.86 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2640.06 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1339.13 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 10 MINUTES 21 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER, A DISTANCE OF 1317.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER, A DISTANCE OF 1337.03 FEET TO THE POINT OF BEGINNING; CONTAINING 116.206 ACRES, MORE OR LESS; SUBJECT TO ALL EASEMENTS, COVENANTS, RESTRICTIONS, 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 WEISS HOMES ON FEBRUARY 16, 2004. THIS LEGAL DESCRIPTION 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. MEMBER OF THE COMMO COUNCIL I st READING Z- Z 3" 0`J ~2-0 ~ QSI ~..~~a.r-~-~~-w~~ PUBLIC HEARING y- ard READING ~{-Z-tc-~~, GL~ Scl~s~`~I~~ NOT APPROVED REFERRED A ``, p PASSED ~~Ll -O~~ c~. y St,1r'~'S'~'` r~ Filed In Clerk's Offilre ".~ 9 2004 JOHN 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. 10-04 A BILL OF THE COMMON COUNC BEND, INDIANA, ANNEXING TO CITY LIMITS OF SOUTH BEND, CENTRE TOWNSHIP CONTIGUOUS VIRGINIA M. ZEIGER, 20000 OF KERN ROAD IL OF THE CITY OF SOUTH AND BRINGING WITHIN THE INDIANA, CERTAIN LAND IN THEREWITH; DUANE 0. AND - 21000 BLOCK, SOUTH SIDE 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 as a substitute. 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 Centre Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) 2) 3) 4) 5) 6) 7) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana by proper ordinance. 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. The property sought to be annexed is generally located at: South side of Kern Road approximately 2,700 feet west of U.S. 31. 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 The parcel is 116.206 acres in size and currently has the following use(s) on it: Agricultural That the parcel will be used for the following use(s): Single-Family Residential Subdivision Filed In Clerk's Office P' u~ 9 X004 JOHN VOORDE CITY CLERK, S0. DE~'D, tN. The signature(s) of all property owner(s), or Attorney for all property owner(s) c Signedc'_~ ~ a ~ ~ ' p ~ ~ ~ _ J~~?~` ~~ Address: (C1 X09 Cam, ~ ~,~u ~ ~ Sb ~,~C~-~k ~e vhf--~~ Phone Number: j 7 ~ j~ ~ ~{ ~~ O Q G O Signed: Address: ~0 4 4 et C ,ter( . ~ 1 ~rA ~ 1 _ s~ u~ (3c~-~.~-, ~a~.9 Phone Number: 5 ~~-~ ~ ~ q ~ - O ~ ~ 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 ~~a '~ ~ L~7t7 JOHN VOORDE CITY CLERK, S0. BEi~!,, ,~!. SHEET ~ OF Z EXHIBIT "A" LEGAL DESCRIPTION: A part of the Northwest Quorter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiano, being more particularly described as follows: Commencing at the northwest corner of said Northwest Quarter, said corner lying South 00 degrees 16 minutes 41 seconds West, a distance of 3.99 feet from o railroad spike, 0.1 feet below the surface of the pavement; thence South 89 degrees 04 minutes 47 seconds East, along the north line of said Northwest Quarter, a distance of 1315.56 feet to the northeast corner of the Northwest Quarter of said Northwest Quarter and the Point of Beginning; thence North 00 degrees 10 minutes 52 seconds East, o distance of 40.00 feet to the north right of way line of Kern Road as platted by Walnut Farms Subdivision, recorded under instrument number 9837229 in the Office of Recorder of St. Joseph County; thence along said north right of way line, a distance of 1054.10 feet; thence South 00 degrees 05 minutes 01 seconds West, along the west line of property described in Instrument Number 0164689 in said Office of Recorder, a distance of 1043.82 feet to the southwest corner of said property; thence South 89 degrees 54 minutes 59 seconds East, along the south line of said property, a distance of 261.36 feet, to the east line of said Northwest Quarter, said point lying South 00 degrees 05 minutes 01 seconds West, a distance of 1000.00 from the northeast corner of said Northwest Quarter, said corner being marked by railroad spike, 0.1 feet below the surface of the pavement; thence South 00 degrees 05 minutes O1 seconds West, along said east line, a distance of 1666.86 feet to the Southeast corner of said Northwest Quarter; thence North 89 degrees 19 minutes 47 seconds West, along the south line of said Northwest Quarter, a distance of 2640.06 feet to the southwest corner of said Northwest Quarter; thence North 00 degrees 16 minutes 41 seconds East, along the west line of said Northwest Quarter, a distance of 1339.13 feet to the southwest corner of the Northwest Quarter of said Northwest Quarter; thence South 89 degrees 10 minutes 21 seconds East, along the south line of the Northwest Quarter of said Northwest Quarter, a distance of 1317.80 feet to the southeast corner of the Northwest Quorter of said Northwest Quarter; thence North 00 degrees 10 minutes 52 seconds Eost, along the east line of the Northwest Quarter of said Northwest Quarter, a distance of 1337.03 feet to the Point of Beginning; containing 116.206 acres, more or less; Subject to all easements, covenants, restrictions, 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 Weiss Homes on February 16, 2004. This legal description was prepared from field measurements not yet recorded in the form of o Plat of Boundary Retracement. Filed In Clerk's Cf~ice ~,1AR q ~~~, JOHN VOOZDE CITY Clc'.~ s', S':. ~1zIdD, iN. DESCRIPTION FOR ANNEXATION PT. NW 1/4, SEC. 2, T.36N., R.2E. CENTRE TWP., ST. JOSEPH CO., IN DATE: 3/09/04 ~ SCALE: 1"=400' ~~ ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way Eost Fort Wayne, Indiano South Bend, Indiano 46601 Benton Harbor, Michigan (574) 232-8700 Manistee, Michigan FAX: (574) 251-4440 ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES O Z O W V SHEET 2 OF 2 EXHIBIT "B" l I - - ------ ------- ~ I ~No ~/ i N --- ~ 5\ 6 ~~P~soao6a ~ \ / ,rs~~ I I 1 ~ G ~E Jeo 95ti I s N ~~ 7 9 I ~00 4 ~ ~ - ~-~~- I ~R. ~ I s NW CORNER, NW 1 4, / I Z- ~-3R°~ - / 2 (- 8 ~~TS~ . - -~ NE CORNER, NVy 1 4, ~ - - -~ ~ _ _~ SEC. 2, T.36N. R.2E. , ~~ I SEC. 2, T.36N. I R,2E. I I FOUND: RR SPIKE 0.1' BELOW I 3 \ 9 I FOUND RR SP114E 0.1' I PAVEMENT, 3.99' NORTH OF r - T - ~~- I t1 I BELOW PAVEMENT I I I I RECORD CORNER 10 12 I 1 1 1 2\\ I I__ ~ 1 4'4 .. I 41 I - - -_ -589'04 ~~''E- t3t5-56' - - - - .. _ . . __-- - J ~-- -~ R ZI~ 1NWf 1-/4; ~SEZ: ~ TT36N- F~. ZE - - I I I l I I I I I I - - - --- --- I I I I I I Nd0'10'$2"E 1 f NORTH R W LINE 1 1 I f I I I I 140.0b N KERN ROAD iv 2 ~ I I I I I L J N ~~Bp ~ I° _ Z RNER, o __ r 3 ~ I I I I I I ~ NW 1/4, NW 1/4, G o v o 0 __ -l I I I SEC. 2, T.36N. R.2E. 3 o e : ¢a~rn 9 B -1 I I I I a ~ -1 ~ o Q~? o' o - 5 I 1 I I I I I Nod ~ --- I-----1 I I I I No`.~ w ~ ° ~-YW" o o Womo: ` 1I 9C I I I I 1 =~z ~ ~--~ I I I 6 ~ ~ ~~o~z 'N ~N = J _ 1 TWO O I 9D I I I I I Yz p I V, 7 11-----I I I i I ~o°m ° 0 I I ~'" -- ~ I ~ Z Z ' ~ gE I I N ~ '~ S89'S4 59 E 1_ 1 I I o I I T~ I T-__f_ ~ ~, ~ '_ , 261.36 i _ _ _I 110 1 11 112 113 114 I 15 I z --- ___J L_L_1_J__L_1_J ~_~__I__r_T_~__I__r_y z 231 22 1 21 I ZO 1 19 1 18 1 17 116 I =, _ -1- _I _ _ L SB$'1D'~ L"E_ 1317.$0' I w S LINE, NW 1/4, NW 1/4, SEC. 2, T.36N. R.2E. w N CV tZD ~ M t0 F- Op Z - CV ~ M M t0 _ ai M ~ U w N AREA = 116.206f ACRES ~' 3 ° -- W ~" W ~ O O ¢ _ (n ~ t^ ~ Z O N 0 Z W ?~ _Z --- Z J W W Z J _. _ S LINE, NW 1/4, SEC. 2, T.36N. R,2E. ~ __I N89'19'47"W 2640.06' SW CORNER, NW 1 /4, SEC. 2, T.36N. R.2E. ~iic~ i~ r~;~~k'~ ®ffice ~..~-- r_-.-' ~~p ~ ~~~, JOHN VOORDE CITY CLERK, S0. BEND, IN. SE CORNER, NW t /4, ,.~ SEC. 2, T.36N. R.2E. GRAPHIC SCALE aoa o zoo' 400' 800' 1 inch = 400 ft. ~ PARCEL FOR ANNEXATION ~~ 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. IN South Bend, Indiana assot Benton Harbor. Michigan • ~ (574) 232-8700 Manistee, Michigan Fax: (57a) 25t-aaaD DATE: 3/09/04 SCALE: 1 "=400' ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES O O W