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HomeMy WebLinkAbout9519-04 Annexation - 20751 Jackson Road - Hidden Creek, LLCORDINANCE No. 9519-04 Passed by the Common Council of the City of South Bend, Indiana August 9, 20 04 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 10, 04 20 JOHN Approved and signed by me ugust , 20 0~+ City Clerk Mayor ORDINANCE NO. ~ ~ ~ ~' 0 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; Hidden Creek, LLC 20751 Jackson Road STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 31.33 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 descnbed 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 South Half of Section 26, and a part of the North Half of Section 35 all in Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Lot 1 as shown on the recorded plat of Hayes' Jackson Road Minor Subdivision, as Instrument No. 9821482 in the Office of the Recorder of St. Joseph County, Indiana. Also all that part of Jackson Road bounded on the west by the Penn Central Railroad and on the north by the northerly line of Lot 1 Hayes' Jackson Road Minor Subdivision. 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 b`h Councihnanic 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. !~C.t.,c~ ,~ MEMBER OF THE COMMON C UNCIL Attest: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the j~_day of us 2004, at ~ `~ `~~ o'clock ,~ . . m. c~~ Cit ~~ y 4Z~ Approved and signed by me on the /Z ~ day of ~ 2004, at~o'clock LL .m. Mayor, City of uth end, Indiana (Code §2-9(v)(9) 1 st READING ~ Zg. ©~ PUBLIC HEARING '~-Lb-O`{ 3 rd READING g'~'fl~ NOT APPROVED Filed In Cleric'e Office JUN 2 3 ~.~u1 JOHN VOORDE CfiY CLERK, S0. BEND, tN. REFERRED PASSED ~ ~~--~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 38-04 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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH; HIDDEN CREEK, LLC, 20751 JACKSON ROAD 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 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) We are the owners (hereinafter "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: 31.33 acres of vacant land lying approximately 2000' west of US 31 and lying north and adjacent to Jackson Road in Centre Township. 5) That the name and address of the contingent purchaser(s), if applicable, is/are: none 6) The parcel is 31.33 acres in size and currently has the following use(s) on it: Vacant 7) That the parcel will be used for the following use(s): A 71 single family lot subdivision The signature(s) of all property owner , or Attorney for all properly owner(s) Signed: ., Hidden Creek, LLC Michael A. Matarazzo PO Box 551 Osceola, Indiana 46561 574-532-3333 Prepared by: Lang, Feeney & Associates, Inc. Terance D. Lang 715 South Michigan Street South Bend, Indiana 46601 Phone: 574-233-1841 Fax: 574-674-0374 Filed in Cierk'• Office v v~ ~ ~~= e:.. . JOHN VOORDE CITY CLERK, S0. BEND, tN. EXHIBIT "A" Apart of the South Half of Section 26, and a part of the North Half of Section 35 all in Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Lot 1 as shown on the recorded plat of Hayes' Jackson Road Minor Subdivision, as Instrument No. 9821482 in the Office of the Recorder of St. Joseph County, Indiana. Also all that part of Jackson Road lying south and adjacent to said Lot 1, being more particularly descn`bed as follows: Beginning at southwest corner of said Lot 1; thence South 28°10'34" West along the westerly line of said Lot 1 projected southwesterly also being the east right-of--way line of the former Penn Central Railroad to said line's intersection with south right-of--way line of Jackson Road; thence for the next two courses being along said south right-of--way line, the first line being North 88°35'36" East to it's intersection with the north-south centerline of Section 35; thence for the second course, North 87°52'31" East to it's intersection with the east line of said Lot 1 projected south; thence North 00°00'00" West along said projected line to the southeast corner of said Lot 1, also being a point on the north right-of--way line of said Jackson Road; thence for the next two courses being along the said north right-of--way line, said line also being the south line of said Lot 1, the first line being South 87°52'32" West, a distance of 1023.29 feet to the point of intersection with the north-south centerline of Section 26; thence for the second course, South 88°35'36" West, a distance of 1401.79 feet to the point of beginning. Filed In Clerk's Office JUN 2 3 204 JOHN VOORDE CITY CLERK, S0. BEND, fld.