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HomeMy WebLinkAbout9514-04 Annexation - South of Jackson road, 1/4 mile east of Ironwood Road, behind Stonehedge SubdivisionORDINANCE No. 9514-04 Passed by the Common Council of the City of South Bend, Indiana June 28, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana June 29, JOHN 20 04 20 04 Ciry Clerk esident of Common Council City Clerk Approved and signed by me July 5, 20 04 Mayr~r BILL NO. 30-04 ORDINANCE NO. -S ~ ~ ~ Q 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 PENN TOWNSHIP CONTIGUOUS THEREWITH; Alway Development Corporation South of Jackson Road, 1/4 mile east of Ironwood Road, behind Stonehedge Subdivision STATEMENT OF PURPOSE AND INTENT It is the intent and purpose of this ordinance, pursuant to I.C. 36-4-3-3, to annex and bring within the corporate boundaries of the City of South Bend 36.818 acres of realty located in Penn Township and located south of Jackson Road, 1/4 mile east of Ironwood Road, behind Stonehedge Subdivision. It is in the best interest of the City of South Bend that this annexation take place. NOW, 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-eighth (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 WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00 DEGREES 06 MINUTES 14 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 2027.09 FEET TO THE SOUTHWEST CORNER OF STONEHEDGE SUBDIVISION, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 8721016 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, ALSO BEING THE SOUTHWEST CORNER OF WARRANTY DEED 9446169, RECORDED IN SAID OFFICE OF RECORDER; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID WARRANTY DEED, A DISTANCE OF 1458.52 FEET TO THE SOUTHEAST CORNER OF LOT NUMBER 30 AS SHOWN ON THE PLAT OF STONEHEDGE SUBDIVISION, SECTION THREE, PART ONE AS RECORDED UNDER INSTRUMENT NUMBER 9352210 IN SAID OFFICE OF RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE THE NEXT FIVE CALLS ALONG THE EASTERN BOUNDARY OF SAID STONEHEDGE SUBDIVISION; 1) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 502.09 FEET; 2) THENCE NORTH 11 DEGREES 33 MINUTES OS SECONDS EAST, A DISTANCE OF 112.25 FEET; 3) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 30.00 FEET; 4) THENCE NORTH 14 DEGREES 10 MIl~lUTES 39 SECONDS EAST, A DISTANCE OF 164.31 FEET; 5) THENCE NORTH 80 DEGREES 52 NIINUTES 52 SECONDS WEST, A DISTANCE OF 299.96 FEET; THENCE NORTH 14 DEGREES 10 NIII~tUTES 39 SECONDS EAST, ALONG A PART OF STONEHEDGE ESTATES, SECTION FIVE AS RECORED UNDER INSTRUMENT NUMBER 9400688 IN SAID OFFICE OF RECORDER, A DISTANCE OF 40.16 FEET; THENCE ALONG LOTS 12, 11 AND 10 RESPECTIVELY, AS SHOWN ON THE PLAT OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN SAID OFFICE OF RECORDER, NORTH 20 DEGREES 13 MINUTES 49 SECONDS EAST, A DISTANCE OF 87.41 FEET; THENCE NORTH 00 DEGREES 14 MIlVUTES 40 SECONDS EAST, A DISTANCE OF 318.46 FEET TO A POINT ON THE NORTH LINE OF SAID WARRANTY DEED; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 1376.16 FEET TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 32, ALSO BEING NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST, A DISTANCE OF 2642.38 FEET, AND SOUTH 00 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 1987.33 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG SAID NORTH-SOUTH CENTERLINE SOUTH 00 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 1287.49 FEET TO THE SOUTHEAST CORNER OF SAID WARRANTY DEED; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 1179.11 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 36.818 ACRES, MORE OR LESS 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 part of the City of South Bend, Indiana. Section III. That the above described real estate shall be and hereby is assigned to the 5"' Councilman District of the City of South Bend, Indiana. Section TV. Pursuant to Indiana Code 36-4-3-8.5 the property tax liability of all property owners in the annexed territory shall be abated for a period of three years after this annexation occurs per the following schedule: A. Seventy-five percent (75%) of a tax payer's liability in the first year of the abatement program. B. Fifty percent (50%) of a taxpayer's liability in the second year of the abatement program. C. Twenty-five percent (25%) of a tax payer's liability in the third year of the abatement program. Section V. This Ordinance shall be in full force and effect 60 days from and after its passage by the Common Council, approval by the Mayor, and legal publi tion. ember, South Bend Co mon Council Attest: Ci CI k Presented by me to the Mayor of the City of South Bend, Indiana on the ~~~ day of c,~ v~~ , 2Q~, at i 0 :S 0 o'clock ~_. m. ~~~~ ~ ~~~ ~~^ City Clerl~ Approved and signed by me on the ~ day of , 2mo , at 3' 'clock ~. m. Mayor, City of th Bend, Indiana 1 sf RFADING ~`--L~ ~b , R S S c~ ~ S~r.,~-w~ti aC~ PUBLIC HEARING ~i' ~~ -~ ' 3 rd READING (fl -L$'~~~ QS ~ ~' ~'~ ~ ~~' NOT APPROVED REFERRED 0~' ~{ S S V.~~~~~ ~~ PASSED Co 'ZS'- ~Iled in Cierk's tNfice f.....~ CffY ~ B~p~D, IIL ____. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-04 A BELL 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 PENN TOWNSHIP CONTIGUOUS THEREWITH; ALWAY DEVELOPMENT CORPORATION, SOUTH OF JACKSON ROAD,'/< MILE EAST OF IRONWOOD ROAD, BEHIND STONEHEDGE SUBDIVISION 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 substituted by changing the annexation to involuntary from involuntary. Sean Coleman Chairman EXHIBIT A A PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00 DEGREES 06 MINUTES 14 SECONDS EAST, ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 2027.09 FEET TO THE SOUTHWEST CORNER OF STONEHEDGE SUBDIVISION, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 8721016 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, ALSO BEING THE SOUTHWEST CORNER OF WARRANTY DEED 9446169, RECORDED IN SAID OFFICE OF RECORDER; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID WARRANTY DEED, A DISTANCE OF 1458.52 FEET TO THE SOUTHEAST CORNER OF LOT NUMBER 30 AS SHOWN ON THE PLAT OF STONEHEDGE SUBDIVISION, SECTION THREE, PART ONE AS RECORDED UNDER INSTRUMENT NUMBER 9352210 IN SAID OFFICE OF RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE THE NEXT FIVE CALLS ALONG THE EASTERN BOUNDARY OF SAID STONEHEDGE SUBDNISION; 1) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 502.09 FEET; 2) THENCE NORTH 11 DEGREES 33 MINiJTES OS SECONDS EAST, A DISTANCE OF 112.25 FEET; 3) THENCE NORTH 00 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 30.00 FEET; 4) THENCE NORTH 14 DEGREES 10 MINUTES 39 SECONDS EAST, A DISTANCE OF 164.31 FEET; 5) THENCE NORTH 80 DEGREES 52 MINUTES 52 SECONDS WEST, A DISTANCE OF 299.96 FEET; THENCE NORTH 14 DEGREES 10 MINUTES 39 SECONDS EAST, ALONG A PART OF STONEHEDGE ESTATES, SECTION FNE AS RECORED UNDER INSTRUMENT NUMBER 9400688 IN SAID OFFICE OF RECORDER, A DISTANCE OF 40.16 FEET; THENCE ALONG LOTS 12, 11 AND 10 RESPECTNELY, AS SHOWN ON THE PLAT OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN SAID OFFICE OF RECORDER, NORTH 20 DEGREES 13 MINUTES 49 SECONDS EAST, A DISTANCE OF 87.41 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 40 SECONDS EAST, A DISTANCE OF 318.46 FEET TO A POINT ON THE NORTH LINE OF SAID WARRANTY DEED; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS EAST, A DISTANCE OF 1376.16 FEET TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 32, ALSO BEING NORTH 89 DEGREES 36 MINUTES 13 SECONDS WEST, A DISTANCE OF 2642.38 FEET, AND SOUTH 00 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 1987.33 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG SAID NORTH-SOUTH CENTERLINE SOUTH 00 DEGREES 14 MINUTES 48 SECONDS WEST, A DISTANCE OF 1287.49 FEET TO THE SOUTHEAST CORNER OF SAID WARRANTY DEED; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 1179.11 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 36.818 ACRES, MORE OR LESS; AND, SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. LINE BEARINGS ARE WITH REFERENCE TO ST. JOSEPH COUNTY SECTION CONTROL MONUMENTS AND THEIR PUBLISHED STATE PLANE COORDINATES. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C. FOR ALWAY DEVELOPMENT ON OCTOBER 27, 2003. --~-~--- Flled In Clerk's Office JOHN YOORDE CITY CLERK, S0. BEND, IN. 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 Penn Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(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): 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: %4 mile south of Jackson Road approximately 1,400 feet east of Ironwood Road, lying behind Stonehedge Subdivision. 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Alway Development 61679 Brompton Drive South Bend, IN 46614 6) The parcel is 36.818 acres in size and currently has the following use(s) on it: Agricultural 7) That the parcel will be used for the following use(s): Single-Family Residential Subdivision The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~~ Address: ~7 ~f'_ srlD~iy L~p~ Phone Number: ~ ~"y ~~ r.~~ y~l y Name, Address & Phone Number of Contact Person/Preparer (Please print): Aaron W. Blank, L.S. Project Manager Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 Filed In Clerk's Office ^~v" ~ ". c ~lONN YOORDE CIIY CLERK, S0. BEND, IN. OWNER'S CONSENT TO ANNEXATION WHEREAS, Alway Development Corp., owner of 36.818 acres of land in Penn Township located south of Jackson Road, 1/4 mile east of Ironwood Road, behind Stonehedge Subdivision, previously filed a Petition to annex this land to the City of South Bend, but has now withdrawn and rescinded its Petition to Annex; and WHEREAS, the City of South Bend has filed a Substitute Bill No. 30-04 initiating its own annexation of the subject realty; and WHEREAS, the City has agreed to provide certain tax abatement benefits if the owner of the area sought to be annexed will consent to such annexation. NOW, THEREFORE, Alway Development Corporation hereby consents irrevocably to the City of South Bend's initiated annexation of the real estate which is the subject of Bill No. 30-04 (substitute version). Alway Development Corporation Talib Alway, President Printed Name and Title Dated: ~~ Filed in Clerk's Office cm BEFORE THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WITHDRAWAL OF VOLUNTARY PETITION FOR ANNEXATION Petitioner Alway Development Corporation heretofore petitioned for annexation of real estate of which it is the sole owner, which real estate is located generally south of Jackson Road, 1/4 mile east of Ironwood Road, behind Stonehedge Subdivision. Petitioner now, hereby, withdraws its voluntary petition for annexation. However, because Petitioner understands that the City of South Bend ("City") desires that this annexation take place, and that the City will pursue annexation on its own initiative, Petitioner does not withdraw the Common Council Ordinance for Annexation of the subject real estate provided the City confirms its own annexation of the subject area. Alway Development Corporation ~~ Talib Alway, President Printed Name and Title Dated: ~ ~~~ ~~ t j Filed in Clerk's Office !.',tt1' i 9 2004 JOHN VOORDE CITY CLERK, S0. BEND, IN. - I4OO COUNTY-CITY T3UII.DING SOUTH BEND,INDIANA 46601-1830 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF I ,AW CHARLES S. LEONE AL<wEnN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY May 19, 2004 Ms. Karen White, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 Re: Bill 30-04 - Alway Development Corporation Annexation Substitute Version Dear Ms. White: Attached for filing with the South Bend Common Council is a substitute version of Bill 30-04 for annexation of land owned by Alway Development Corporation. Also enclosed are the following related documents: 1. Withdrawal of Owner's Voluntary Petition for Annexation; and 2. Owner's Consent to Annexation by the City The foregoing documents as a whole show that the owner is withdrawing its voluntary petition for annexation but that it consents to the City's pursuit of annexation on an involuntary basis. The City has agreed to grant homeowners of this development project aphase-in of their property taxes pursuant to Indiana Code § 36-4-3-8.5 in consideration for the owner's consent to the City-initiated annexation. The substitute version of Bi1130-04 amends the Statement of Purpose and Intent of the original Bill to eliminate the reference to a "voluntary" annexation and it includes a new Section IV which provides for property tax abatement as authorized by state law. It also provides for an effective date 60 days after enactment rather than the 30 days applicable to a voluntary annexation. Please note that when the City initiates annexation, a Petition is not required by state law. A city initiated annexation is commenced "by ordinance" (I.C. 36-4-3-3) and any property tax abatement to owners in the annexation area must be included in the ordinance (I.C. 36-4-3- 8.5(a)). Larry Magliozzi will make the presentation of this substitute ordinance to the Council's THOMAS L, BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI JOHN R. LMNGSTON ROBERT C. ROSENFELD ,JOHN E. BRODEN Ms. White Page 2 May 19, 2004 Zoning and Annexation Committee and to the Council as a whole at the appropriate public hearing. The notice provision of I.C. 36-4-3-2.1 (i.e., that notice be published at least 60 days before the public hearing) should not be affected by the conversion of Bi1130-04 from a voluntary annexation to acity-initiated annexation because the caption of the ordinance has not been changed. Specific and actual notice to the owner will be made pursuant to law, and a copy of that notice will be provided to the Council for its records. Thank you for your consideration. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Larry Magliozzi Joseph Simeri Gary Gilot Kathy Cekanski-Farrand Fated In Clerk's Office ~~1AY 1 g ~.~" JOHN YOORDE CITY CLERK, S0. BEND, IN. (~ ~~ OOQ pt`,p' S I ~~~~~ptOP4.N' G0°~' 190,0 nl 0~T,A, p0. OS.eRjO J ~ tb' 9 ~ N00'14'40'E p1 0~5~'~ = ~ _ _ 1 J97.68' _ 38.24' ---- - _ m ~ A'-- ~--j -~--- T.77N. RJE. 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SW. CORNER SEC. 32, T.37N. R.3E. S.P.C. 158 N. 2316897.225 E 178011.186 FD. 1-1/2' BRASS PLUG W/ CROSS (-0.20' 'X' IN TOP) '/ / / ; N~ pM% 1 I I /' ( 88'21% i ' ~ 1 m N B'2t'SY ~Irn I 3 ~ 10/ I~a~w ~~I (, _ °o ' I u~ ~'' 9'45' °E 2 .99 I ~ ~I~ _ - _ ~i 3~ i~ b I a$ C i (`~I' old I( pY ~ N I Z III ......_- ~ I I A 5 189'45'20'E 205.00' I RI ~I O 5 I erlor i 205.00' 1 R60, ~ II RIvT ~ IJ ` 6 / /i \~ '% A 6 7 249.99' ~ ~ NOTES: 1. ALL DRAINAGE AND RETENTON EASEMENTS DELINEATED ON THIS PLAT ARE w ' EASEMENTS RESERVED TO THE DEVELOPER OF SAID SUBDIV1510N, ITS SUCCESSORS N89'J6'1J°W AND ASSIGNS AND THE HOMEOWNERS ASSOCIATION OF SAID DEVELOPMENT. niE 2642.38'(N) GTY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS, HOWEVER, IS GRANTED ~ IrI-------y'~ THE RIGHT TO UTILIZE SAID EASEMENTS BUT IS NOT BOUND AS TO BE of N.E. CORNER RESPONSIBLE FOR THE MAINTENANCE OF OR IMPROVEMENT TO SAID EASEMENTS n T SEC. 32, T.37N. R.3E. THE DEVELOPER, ITS SUCCESSORS AND ASSIGNS AND SAID HOMEOWNERS m I S.P.C. 189 ASSOCATIDN RESERVE THE RIGHT TO CONSTRUCT AND MAINTAIN CONTINUOUS ~' I N. 2322169.272 DRAINAGE FACIUnES, INCLUDING, BUT NOT UNITED T0, SWALES, PIPES AND I DRYWELLS, TO PRONOE YATHIN SAID EASEMENTS YARD DRAINAGE ON, ACROSS E. 183305.814 AND BETWEEN, ALL LOTS ON THIS PLAT. SAID RIGHTS OF THE DEVELOPER SHALL N iN (D. HAj RISON MON. EXPIRE SIXTY (60) MONTHS FOLLOWNG THE SALE OF THE LAST LOT WIhIIN SAID o iz FLUSH SUBOINSION. UPON EXIINCUISHNENT OF 1HE DEVELOPER'S RIGHTS TO SAID EASEMENTS, SAID HOMEOWNERS ASSOCIATION SHALL BE REQUIRED TO MAINTAIN o° jF AND PRESERVE DRAINAGE AND RETENTION EASEMENTS SHOWN HEREON. ALL ~ Iw MAINTENANCE OF, IMPROVEMENTS TO AND USE ~ SAID DRAINAGE AND 14 0 152. ~ RETENTON EASEMENTS SHALL BE SUBJECT TO THE RENEW, APPROVAL AND ANY m AND ALL CONDITIONS IMPOSm BY THE CITY OF SOUTH BEND DEPARTMENT OF .7.7 ~ PUBLIC WORKS. THE OWNERS OF THE LOTS CONTAINING SAID EASEMENTS, THEIR ~ SUCCESSOR AND ASSIGNS, SHALL TAKE THEIR nTLES SUBJECT TO SAID USE OF \ Z SAID EASEMENTS U 2. THE LANDSCAPE, AND SIGNAGE EASEMENTS DELINEATED ON THIS SUBDIVSION ~ PLAT, ARE EASEMENTS RESERVED TO THE DEVELOPER OF SAID SUBDIV1510N, ITS / °y p SUCCESSORS AND ASSIGNS AND THE HOMEOWNERS ASSOGAnON OF SAID ~ ~ DEVELOPMENT. THE DEVELOPER RESERVES THE RIGHT TO CONSTRUCT SIGN(S) AND ~ SJ ~ LANDSCAPING FEANRES, PER Th'E CITY OF SOUTH BEND ZONING ORDINANCE, IN ~SSS o ORDER TO IDENnFY SAID SUBDIVISION AND/OR TO PROVIDE FOR THE PROMOTION AND EFFECT THE SALE OF LOTS OR STRUCTURES IN SAID SUBDIVISION. THE ~AO ~. ~ OWNER(S) OF THE LOT(S) CONTAINING SAID EASEMENTS, ITS SUCCESSORS AND IEfFNO sd ASSIGNS SHALL TAKE THEIR TITLES SUBJECT TO SAID USE OF THE LANDSCAPE QA 25' BUILDING SETBACK LINE h ~pP~N p~' AND SIGNAGE EASEMENTS. q 20' UTILITY EASEMENT, f0' EACH 3 E 19 . 5' q 1 .31 GOpA~~I>- g0 `190600 3 DR REPORTED HE EON RESEARCH, ALL EASEMENTS OF RECORD ARE SHOWN SIDE OF PROPERTY LINE rvl RaN^~8R1 Sfi 4g9+e~ 4. EROSION CONTROL PLANS HAVE BEEN FlLED IMTH THE RESPECnVE GOVERNING © MAINTENIANCE EASENEN& ROADWAY m ~ AGENCIES. 20' DRAINAGE EASEMENT, 10' EAGi 5. ALL LOTS WILL BE GOVERNED BY RESTRICTIVE COVENANTS. O SIDE OF PROPERTY LINE ,h © 20' U71UTY EASEMENT n/ ~ 6. ALL LOTS WILL BE SERVICED BY CITY OF SOUTH BEND MUNICIPAL SEWER AND WATER. 100' TEMPORARY TURN-AROUND EASEMENT ~ ~ y Y 7. SITE IS WITHIN ZONE C - NO FLOOD ELEVATIONS EXIST PER COMMUNITY PANEL SEE NOTE 13 ' ~ N0. 180224 0100 A, DATED AUGUST 15, 1978. 'S~ ~ ~ n © EMERGENCY ACCESS k UnUtt EASEMENT p~ ry5 " ~ 8. ACCORDING TO THE 1999 SL JOSEPH CWNTY POTENTIAL GROUNDWATER INSTR. y0405882 k X0405883 ~Vh N9' ; CONTAMINATION SITES MAP PUBUSHED BY 1HE MGiANA AREA CWNCIL OF V.E GOVERNMENTS, NO DOCUMENTED DUMPSITES, LANOFlLLS, SITES USED FOR DISPOSING ® RETENTION EASEMENT ~,$ S ~ OF HAZARDOUS SUBSTANCES, OR HELL HEAD PROTECTION AREAS, EXIST ON-SITE DRAINAGE & UTIUTY EASEMENT 6 rr OR ADJACENT TO THE SITE. T9' Q1 9. THERE ARE ND ENCROACHMENTS OF EXISTING STRUCTURES UPON LOT LINES, OJ LANDSCAPE ~ SIGNAGE EASEMENT 284' 4' BUILDING SETBACKS, OR EASEMENTS CREATED IN THE PLATTING OF HEREIN )7 y. 89'4 97 "E _______________. SUBDIVISION. (R) RECORD INSTRUMENT {N9446169 CENTER SEC. 32 10. THE HATCHED AREA ON THE PLAT INDICATES THE APPRO%IMATE LOCAnON (M) MEASURED 45' I T.37N. R.3E OF WHITAKER LOAM CLASSIFlED AS URBAN CROUP Vlll, AS SPECIFIED BY ~ °J FD: 3/4" PIPE (FLUSH) THE ST. JOSEPH COUNTY SOIL SURVEY MAPS AS PUBUSHED BY THE 0.22' E OF RECORD ST. JOSEPH COUNtt SOIL CONSERVAnON SERNCE. ACCORDING TO 1HE SOIL SURVEY, SAID SOIL TYPES ARE CLASSIFlED TO POSSESS 'SEVERE' UMITAnONS fOR THE INSTALLATION OF A CONVENTIONAL SEPTIC TANK AND ABSORPTION ": I, ~ FIELD SYSTEM. HOWEVER, THIS SITE WLL BE CONNECTED TO MUNICIPAL 1, !n SEVER ANO WATER. ~AR~ 163' I 11. WETLAND RESTRICTIONS: PRIOR TO ANY CONSTRUCTION, EXCAVATION, OR STREET CLASSIFlCAnON: a~~' DEVAOPMENT WITHIN THE AREA ON THIS PLAT LABELED AS 'WETLANDS q'a AREA', THE AFFECTED PROPERtt OWNER SHOULD CONTACT THE ARMY CORPS MINOfl .......... KIWNGTON WAY (50' R/W~ ~B' OF ENGINEERS AND/OR THE INDIANA DEPARTMENT OF ENVRONMENTAL a i MINOR .......... DEER HOLLOW DRIVE (50' R/W) h pW ` ° MANAGEMENT FOR APPLICABLE RESTRICnONS OR PERMITTING REQUIREMENTS c~'o^~o o~a`+ ~hro NECESSARY TO PROCEED PATH THE DESIRED AC11Ntt. A WETLAND MINOR .......... RUNNING DEER DRIVE (50' R/N~ j~ ~ bmo~'°", INVESTIGATION WAS COMPLETED BY ABONMARCHE ENVIRONMENTAL, INC. AND CUL-DE-SAC ...... RED FAWN COURT 50' R P ay°, • we PER A WETLAND DEUNEAnON REPORT DATED MAY 11, 2000, THE ACNAL ( ~) i~ x~~a y,,B~ WETLAND AREA IS SHOWN HEREON. CUL-DE-SAC ...... BLACK TAIL CWRT (50' R/N~ I ~~ ~= 12. THE UnUTY EASEMENTS DELINEATED ON THIS PLAT ARE EASEMENTS B ~ RESERVED TO THE Cltt OF SOUTH BEND BOARD OF PUBUC WORKS AND 589'5 W 0,13' a UnlJtt COMPANIES. 1HE RIGHTS OF THE qtt OF SOUTH BEND DEPARTMENT `"~.,~ 41 OF PUBUC WORKS ANO THE UTIUTY COMPANIES ARE OUTLINED IN THE DEED e THEIR SIUCCESSOR AND SSIGNS, SHAL~TANE THEIR nTLES SUBJECT 0 SAID DEER HOLLOW '\\ USE OF THE UT1LItt EASEMENTS 13. THE TEMPORARY TURN-AROUND EASEMENT OWNEATED ON THIS SUBDINSIDN ,~ PLAT IS AN EASEMENT RESERVED FOR THE USE AND ENJOYMENT BY THE OEVflOPEO BY: ' PUBUC FOR THE SOLE PURPOSE OF REVERSING VEHICULAR TRAFFlC. UPON ALWAY DEVEOPMENT I N 1HE AREA OF GROUND DESIGNATED HEREIN AND MARKED AS 'EASEMENT', NO 61679 6ROMPTON DRIVE PERMANENT OR O1HER STRUCTURES ARE TO BE ERECTED OR MAINTAINED, SOUTH BEN0. INDIANA, 46614 BUT THE OWNER(S), THEIR SUCCESSORS ANO ASSIGNS, OF SAID REAL ESTATE SHALL TAKE 1HEIR nTLES SUBJECT TO THE RIGHTS dF SAID EASEMENT. THE SURVEYED BY: EXISTENCE OF, AND RIGHTS T0, SAID EASEMENT INLL BE RELEASED UPON THE ABONMARCHE CONSULTANTS, LLC. EXTENSION OF RUNNING DEER DRIVE TO 1HE NORTH AND DEER HOLLOW DRIVE 750 uecow wAY EAST SOUTH BEN0, INDIANA 46601 394.05' TO hlE SOUTH. I' 14. ALL NEW LOT CORNERS AND COMMON LOT CORNERS 4ATHWT FOUND GRAPHIC SCALE MONUMENTS 'MLL BE MARKET) WITH 5/8 INCH DIAMETER REBAR ROD, Z4 INGIES IN LENGTH, CAPPED WITH A PLASTIC YELLOW MARKER STAMPED 1a° °° "° 'o° 10P I 'ABONMARCHE FIRM X00050'; UNLESS OTHERWISE INDICATED. I m I 15. ON THE DATE OF APPROVAL OF THIS PLAT, THE PLAT COMMITTEE GRANTED A (911BA1') ~ j VARIANCE FROM THE Cltt OF SOUTH BEND SUBDIVISION ORDINANCE NUMBER 1 lore - 100 tt I 21-137(K), TO ALLOW ACUL-DE-SAC BEING DEER HOLLOW DRIVE TO THE I TERMINUS OF BLACK TAIL COURT TO EXIST AT GREATER THAN 600 FEET. I I 16. ON THE DATE OF APPROVAL OF THIS PLAT, niE PUT COMMITTEE GRANTED A ~ VARIANCE FROM THE CITY OF SOUTH BEND SUBDINSION ORDINANCE NUMBER 21-141(C), TO ALLOW LOTS 11-1J, 19-21, 31, AND 34-35 (INCLUSIVE) TO EzcEED rHE z.s To 1.o DEPTH ro W+DTH RAno. PART OF THE WEST HALF OF 17. ON THE DATE OF APPROVAL DF THIS PLAT, THE Put cDMMITTEE cAANTED A SEC, 32, TWP. 37 NORTH, RANGE 3 EAST, VARIANCE FROM THE CITY OF SOUTH BEND SUBDINSION ORDINANCE NUMBER - 21-137(F), TO ALLOW DEER HOLLOW DRIVE TO NOT HAVE A TANGENT OF AT PENN TOWNSHIP, ST. JOSEPH COUNTY, LEAST FlFTY (50) FEET ON REVERSE CURVES, IN(11dNd hiOMAS A OESTERLING DATE REG. UND SURVEYOR N0. 11462 craTC rr luniew