HomeMy WebLinkAboutAnnexing to certain land located in Penn Township Ironwood & Inwood • r J
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ORDINANCE No. 8234-92
Passed by the Common Council of the City of South Bend, Indiana.
January 13, 92
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City Clerk
Attest: y
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 14, 92
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City Clerk
IRENE K. GAMMON
Approved and signed by me
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Mayor
ORDINANCE NO. ,S44—(M.
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA,
CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
STATEMENT OF PURPOSE AND INTENT
A PETITION FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 5.30 ACRES LOCATED IN
PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA HAS BEEN FILED BY THE OWNERS OF
100% OF THE TERRITORY TO BE ANNEXED. IT IS THE INTENT AND PURPOSE OF THIS
ORDINANCE TO ANNEX THE 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 IN ST. JOSEPH COUNTY,
STATE OF INDIANA, BEING CONTIGUOUS TO THE PRESENT BOUNDARIES OF THE CITY OF
SOUTH BEND IS HEREBY ANNEXED TO AND BROUGHT WITHIN THE CITY OF SOUTH BEND:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3
EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID QUARTER SECTION AND THE
CENTERLINE OF INWOOD ROAD WHICH IS N. 890-34'-41" E. , 180.00 FT. FROM THE
NORTHWEST CORNER OF SAID SECTION 29, SAID POINT BEIN% ON THE PRESENT CITY OF
SOUTH BEND, INDIANA CORPORATION LINE; THENCE N. 88 —34'-41" E. ALONG SAID
NORTH LINE AN8 CENTERLINE, 330.00 FT. ; THENCE S. 00 —10'-20" W. , 700.00 FT. ;
THENCE S. 89 —34'-41" W. 330.00 FT. TO THE PRESENT CITY OF SOUTH BEND,
INDIANA CORPORATION LINE; THENCE N. 00°-10' -20" E. (RECORD, NORTH) ALONG SAID
CORPORATION LINE, 700.00 FT: TO THE POINT OF BEGINNING.
CONTAINING 5.30 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD.
SECTION II. BE IT FURTHER ORDAINED THAT THE BOUNDARIES OF THE CITY OF SOUTH
BEND, INDIANA, 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. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS ENACTMENT, APPROVAL BY THE MAYOR AND LEGAL PUBLICATION.
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MEMBEIre!,'" HE COMMON COUNCIL
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RESOLUTION NO. Vi tig-c a
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND ADOPTING A
WRITTEN FISCAL PLAN AND ESTABLISHING A
POLICY FOR THE PROVISION OF SERVICES TO
AN ANNEXED AREA IN PENN TOWNSHIP
WHEREAS, there has been submitted to the Common Council of the
City of South Bend, Indiana, an ordinance which proposes the
annexation of the hereinafter described real estate located in Penn
Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is located to the
southeast of the intersection of Ironwood Road with Inwood Road,
within the Northwest Quarter of Section 29, Township 37 North, Range
3 East, Penn Township, and is proposed to be developed as a site for
the construction of physicians offices and a medical facility, the
development of which land as proposed will require a level of
municipal public services basic to the establishment and maintenance
of such development, which services shall include services of a
non-capital nature, including street and road maintenance, and
services of a capital improvement nature, including street
construction, street lighting, sewer facilities, and storm water
facilities; and
WHEREAS, the Common Council of the City of South Bend, Indiana
now desires to establish and adopt a fiscal plan and establish a
definite policy showing (1) the cost estimates of services of a
non-capital nature, including street and road maintenance, police and
fire protection and other non-capital services normally provided
within the corporate boundaries, and services of a capital
improvement nature, including street construction, street lighting,
water facilities, sewer facilities, and storm water drainage
facilities to be furnished to the territory to be annexed; ( 2) the
method(s) of financing those services; ( 3) the plan for the
organization and extension of those services; ( 4) that services of a
non-capital nature will be provided to the annexed area within one
(1) year after the effective date of the annexation, and that they
will be provided in a manner equivalent in standard and scope to
similar non-capital services provided to areas within the corporate
boundaries of the City of South Bend, that have characteristic of
topography, patterns of land use, and population density similar to
that of the territory to be annexed; ( 5) that services of a capital
improvement nature will be provided to the annexed area within three
(3) years after the effective date of the annexation in the same
manner as those services are provided to areas within the corporate
boundaries of the City of South Bend that have characteristics of
topography, patterns of land use and population density similar to
that of the territory to be annexed and in a manner consistent with
federal, state and local laws, procedures, and planning criteria; and
(6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, the
Board of Public Safety of the City of South Bend, and the Board of
Water Works Commissioners of the City of South Bend have approved a
written fiscal plan and established a policy for the provision of
services to the territory to be annexed which plan and policy, as it
relates to the territory to be annexed, the Common Council finds to
be in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
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Section II . That it shall be and hereby is now declared and
established that it is the policy of the City of South Bend to
furnish to said territory services of a non-capital nature, such as
street and road maintenance, police and fire protection, within one
( 1) year of the effective date of the annexation, in a manner
equivalent in standard and scope to the services furnished by the
City to other areas of the City which have characteristics of
typography, patterns of land utilization and population density
similar to said territory; and to furnish to said territory services
of a capital improvement nature, such as street construction, street
lighting, water facilities, sewer facilities, and storm water
facilities, within three ( 3) years of the effective date of the
annexation, in the same manner as those services are provided to
areas within the corporate boundaries of the City of South Bend that
have characteristics of topography, patterns of land use and
population density similar to that of the territory to be annexed and
in a manner consistent with federal, state and local laws,
procedures, and planning criteria.
Section III. That the Common Council for the City of South Bend
shall and does hereby now establish and adopt the fiscal plan
described in Attachment"B", attached hereto and made a part hereof,
for the furnishing of said services to the territory to be annexed.
Section IV. This Resolution should be in full force and effect
upon its adoption by the Common Council and approved by the Mayor.
Adopted this r. day of , 1992.
Memb r, Co d'.n Council
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ATTACHMENT "B"
CITY OF SOUTH BEND, INDIANA
FISCAL PLAN FOR THE
ANNEXATION OF PROPERTY LOCATED IN PENN TOWNSHIP
SOUTHEAST OF THE INTERSECTION OF
IRONWOOD AND INWOOD ROADS
INTRODUCTION
The following Fiscal Plan, developed through the cooperative
efforts of the City of South Bend's Controller's Office, Department
of Public Works, Police Department, Fire Department, Department of
Neighborhood Code Enforcement, and the Department of Public Parks
represents the City' s policy for the annexation of the property
located southeast of the intersection of Ironwood and Inwood Roads
in Penn Township, St. Joseph County (hereinafter, "Annexation
Area") .
This annexation meets the statutory contiguity requirements.
I. LOCATION
The Annexation Area is located on the south side of the City of
South Bend in part of the Northwest Quarter of Section 29, Township
37 North, Range 3 East, Penn Township. The Legal Description for
the Annexation Area, marked as Exhibit 1, is attached hereto and
made a part of this fiscal plan. A map showing the Annexation
Area, marked as Exhibit 2, is attached hereto and made a part
hereof. There are approximately 5.30 acres of land within the
Annexation Area.
II. EXISTING LAND USE
The Annexation Area currently has a single family home located on
it.
III. PROPOSED DEVELOPMENT
The developer of this project proposes to construct a physicians
office and medical facility on the site. The home that currently
exists on the Annexation Area will remain as the caretaker' s
residence.
All surface drainage is to be handled in compliance with the City
of South Bend's Subdivision Standards. The developer of the project
is responsible for all infrastructure improvements including any
streets, street lighting, water, sewers and stormwater drainage
facilities needed.
IV. PROVISION OF CITY SERVICES
A. Public Works
No expenditure of funds by the City will be required to provide
capital improvements due to the developer providing streets, street
lighting, sewer facilities, water facilities and stormwater
drainage facilities within the Annexation Area.
Water lines of sufficient size and capacity are available from
both Ironwood and Inwood Roads. Sewer lines are also adjacent to
the Annexation Area. The wastewater treatment and collection
systems can provide service to the proposed area without any
additional expenditures by the City.
The City also can provide solid waste collection services to the
Annexation Area without additional equipment or personnel.
B. Police Protection
The Annexation Area will be added to Beat 15 . Police officials do
not anticpate that the addition of the development will increase
signifcantly the call for police services. Routine patrol and law
enforcement can be provided without hiring additional officers or
purchasing additional equipment.
Police patrols, traffic enforcement, and emergency responses will
be a part of the services the City will offer to the Annexation
Area. Police protection will be furnished to the Annexation Area
within one (1) year after the effective date of the annexation.
C. Fire Protection.
The Annexation Area is located approximately 2 .6 miles from South
Bend Fire Department Station Number 10 at 308 West Ireland Road.
Additional Fire Department units will respond, including engine
Number 8, which is located at 2402 Twykenham, approximately 2.0
miles from the Annexation Area. Response times will be comparable
to other areas of the City.
The Fire Department does not foresee any unusual fire protection
problems related to the proposed development. The Fire -
Department's final approval of the project will require examination
and approval of the site plan, including the location of any fire
hydrants. No additional equipment will need to be purchased or
personnel hired to provide fire protection to the Annexation Area.
The long range plan, already in place, provides for a continual
review of the needs for additional personnel and equipment for all
areas of the City. Relocation of Station Number 10 nearer to the
southeast side of South Bend is also being considered.
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D. Neighborhood Code Enforcement
The Department of Neighborhood Code Enforcement can provide code
enforcement activities without acquiring additional equipment or
hiring additional personnel.
The Humane Society of St. Joseph County currently provides animal
control services on a County-wide basis.
E. Public Parks
There are adequate park facilities in the Southeast portion of the
City that can be used by the residents of the Annexation Area.
Parks and facilities that are close to the Annexation Area are:
Hamilton Park, which has playground equipment, picnic tables and
ball diamonds; Erskine Golf Course, which has an 18 hole course;
O'Brien Park, which has picnic facilities, a lighted softball
diamond, football field, playground equipment and about five (5)
acres of woods; and Marshall Park, which has a tot lot, lighted
tennis courts, ball diamonds, and a football field.
No additional personnel or equipment will be needed to provide
services to the Annexation Area.
V. HIRING PLAN
This annexation will not result in the elimination of jobs of
employees of another governmental entity.
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EXHIBIT 1
LEGAL DESCRIPTION
That Part of the Northwest Quarter of Section 29, Township 37 North, Range 3
East, Penn Township, St. Joseph County, Indiana which is described as:
Beginning at a point on the North Line of said Quarter Section and the
Centerline of Inwood Road which is N. 89°-34'-41" E. , 180.00 ft. from the
Northwest Corner of said Section 29, said point bein% on the present City of
South Bend, Indiana Corporation Line; thence N. 8g -34'-41" E. along said
North Line ang Centerline, 330.00 ft. ; thence S. 00 -10'-20" W. , 700.00 ft. ;
thence S. 89 -34'-41" W. , 330.00 ft. to the present City of South Bend,
Indiana Corporation Line; thence N. 00°-10'-20" E. (Record, North) along said
Corporation Line, 700.00 ft. to the Point of Beginning.
Containing 5.30 Acres.
Subject to all legal highways and easements of record.
III
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PETITION FOR VOLUNTARY ANNEXATION
TO: COMMON COUNCIL
CITY OF SOUTH BEND, INDIANA
The undersigned hereby petition the Common Council of the City of South
Bend, Indiana, for voluntary annexation to the City of South Bend, Indiana of
a certain parcel of real estate situated in St. Joseph County, Indiana, and
in support of which allege and affirm as follows:
1). They are at least fifty-one percent (51%) of the owners or the
owners of at least seventy-five (75%) of the total assessed value of a
certain parcel of land more particularly described on Exhibit "A" hereto,
which is incorporated herein by this reference as if fully set forth
(hereinafter "the Parcel").
2). The Parcel is located in St. Joseph County, Indiana, outside of but
contiguous to the City of South Bend, Indiana.
3). They desire that the Parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
4). They affirm, under the penalties for perjury, that the forgoing
statemnts are true.
WHEREFORE, the undersigned petition that the Parcel be annexed to the
City of South Bend, Indiana.
Lin Glazier, ,dminisiator Madeline Kir hheifinr Keada l e
Estate of Florence C. Kirchheimer Adiministrator
C/O Baker & Daniels Estate of Florence C. Kirchheimer
205 W. Jefferson Blvd. C/O Baker & Daniels
South Bend, Indiana 46601 205 W. Jefferson Blvd.
South Bend, Indiana 46601
Kevin Powers, Adiministrator
Estate of Florence C. Kirchheimer
C/O Baker & Daniels
205 W. Jefferson Blvd.
South Bend, Indiana 46601
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ANNEXATION MAP
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Eee•ment ��O 75' Bldg. Setback Line
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EXHIBIT "A"
That Part of the Northwest Quarter of Section 29, Township 37 North, Range 3
East, Penn Township, St. Joseph County, Indiana which is described as:
Beginning at a point on the North Line of said Quarter Section and the
Centerline of Inwood Road which is N. 890-34'-41" E. , 180.00 ft. from the
Northwest Corner of said Section 29, said point bein% on the present City of
South Bend, Indiana Corporation Line; thence N. 8$ -34'-41" E. along said
North Line an6i Centerline, 330.00 ft. ; thence S. 00"-10'-20" W. , 700.00 ft. ;
thence S. 89"-34'-41" W. , 330.00 ft. to the present City of South Bend,
Indiana Corporation Line; thence N. OOo-10'-20" E. (Record, North) along said
Corporation Line, 700.00 ft. to the Point of Beginning.
Containing 5.30 Acres.
Subject to all legal highways and easements of record.
° `' - Owners Within 300 Feet of Petition Area
1 . Werner & Florence Kircheimer 17. Robert King & Leslie Steele
P.O. Box 1602 1958 Denslow Dr.
South Bend, IN 46634 South Bend, IN 46614
2. EDWARD ROSE OF INDIANA 18. Benjamin & Ella Ratajczak
P.O. Box 3015 2011 Southern View Dr.
Kalamazoo, MI 49003 South Bend, IN 46614
3. Richard Muessel , Jr. 19. Wayne & Mary Vanderwall
2114 Valley American Bank Bldg. 1373 Squire Dr. //ll
South Bend, IN 46601 South Bend, IN 46637
4. Richard & Gertrude Muessel 20. Marcia Stewart
59256 Ironwood Rd. 2016 Southern View Dr.
South Bend, IN 46614 South Bend, IN 46614
5. EDWARD ROSE OF INDIANA 21 . Absolum & Kathryn Harrison
6100 Newport Rd. 3307 Ironwood Rd.
Portage, Mi 49081 South Bend, IN 46614
6. City of South Bend, Indiana 22. Shirley Green
14th Floor County-City Bldg. 3823 Ironwood Rd.
South Bend, IN 46601 South Bend, IN 46614
7. Holy Cross Care Services, Inc. 23. Stephen Mellinger
105 E. Jefferson Suite 700 3833 ironwood Rd.
South Be:rd, IN 46601 South Bend, IN 46614
8. Deborah Melton 24. Peter & Genevieve Russo
19155 Inwood 2039 Southern View
South Bend, IN 46614 South Bend, IN 46614
9. James Meersman 25. Martin & Luba Kleinman
3707 S. Ironwood Dr. 2050 Southern View Dr.
South Bend, IN 46614 South Bend, IN 46614
10.Eugene & Marlene Abrams 26. Frank Horvath
3618 Evesham Ct. 3923 S. Ironwood
South Bend, iN 46614 South Bend, IN 46614
11 .Alton & Saundra Reese 27. Sandra Arnold
1434 Garland Circle 3935 S. Ironwood Dr.
South Bend, IN 46614 South Bend, IN 46614
12.Robert & Evelyn Fishburn 28. Michael Kahle
3630 Evesham Ct. 4007 Ironwood
South Bend, IN 46614 South Bend, IN 46614
13.Mary Hubbard & Jane Gary 29. Beverly Rodgers
3629 Wexham Ct. 4021 S. Ironwood Dr.
South Bend, IN 46614 South Bend, IN 46614
14.Stephen & Ramona Orzell 30. William & Maxine Donaldson
3612 Evesham Ct. 198.3 Denslow Dr.
South Bend, IN 46614 South Bend, IN 46614
15.Phillip & Betty Karnerer 31 . Philip & Sandra Vitale
1970 Brookmede Dr. 1968 Denslow Dr.
South Bend, IN 46614 South Bend, IN 46614
16.Kevin & Melissa Whippo
2027 Southern View
South Bend, IN 46614