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Home My WebLink AboutZoning - West of Niles Ave South of Corby St running along the St Joseph River ORDINANCE No. 7817-87 Passed by the Common Council of the City of South Bend,Indiana November 9, rq 87 Attest: ° City Clerk IRENE K. GAMMON Attest. 1 6,-:-) 79,ePresident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 10, ig 87 L t<_c_.,..,_,, /t-7- 7).r,__,_,„__L__._ ti City Clerk IRENE K. GAMMON Approved and signed by me IntIl YeM'ikkiZ 12) I q 37 �9 g7 Mayor ORDINANCE NO. 7817-87 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT WEST OF NILES AVENUE SOUTH OF CORBY STREET RUNNING ALONG THE ST. JOSEPH RIVER IN THE CITY OF 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: Lots ten ( 10) and eleven (11) as shown on the recorded plat of Alexis Coquillard' s First Addition to the City of South Bend, excepting therefrom the South 80 feet of Lot Ten (10) including a parcel of land lying West of Niles Avenue, South of a line extended West from the South right away of Corby, East of St. Joseph River and North of the South 80 feet of Lot Ten (10) . be and the same is hereby established as A-3 mixed uses, "A" Height and Area. Subject to the terms and conditions addressed in a letter dated June 15, 1987, to the Board of Park Commissioners and its two ( 2) exhibits namely "A" and "B" addressing the East Bank Trail Project, copies of which are attached hereto and included herein. 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. if� �jt1 / r 0 ��L- ember/of the Common C. •f cil / June 15, 1987 '- Board of Park Commissioners of the.Park District of the City of South Bend St. Louis Blvd`. at Wayne Street South - Bend, IN 46617 Re: Donation of Real Property for the East Bank Trail Project Dear Commissioners: This letter should serve as written confirmation of my commitment to donate certain real property to the Board of Park Commissioners of the Park District of the City of South Bend (Park Board) for use in the East Bank Trail Project. The real property which I intend to donate will be generally a twenty foot (201) strip of land for the trail located within the real property more fully described in Exhibit A attached hereto. The exact location of the trail will later be determined by mutual agreement of. the parties. This donation is contingent upon the simultaneous conveyance from the Park Board to me of an easement over a certain portion of the real property, described in Exhibit B attached hereto; the easement will be for purposes of access to my real property described in Exhibit A. The precise location of the easement,is to be determined by mutual agreement at a later time. But in no event shall the easement be located so as to interfere with the recreational uses of the trail. The binding documents for the conveyances herein described will be executed no later than 10 days from acceptance of a deed by the Board of Park Commissioners of the real property (or portion thereof) described in Exhibit B. If the above - described terms and conditions are agreeable to the Park Board, please acknowledge by signing b w as provided and return a copy of this letter of commitme tome. ATTEST:: I r (i Ro e t C. Niezgod i Secretary BL /PARK /l inceWe�-y, John /Freidline BOARD�,OF.PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND By ich rd S. Kr m owski President EXHIBIT A All of Lots Numbered Ten (10) and Eleven (11), excepting those parts thereof westerly of the right -of -way of the Michigan Central Railroad Company, as shown on the recorded Plat of, Alex Coquillard's First Addition to the City of South Bend. EXHIBIT B A sixty foot strip of land in the Southeast Quarter of the Northwest Quarter of Section 1, Township 37 North, Range 2 East more particularly described as follows: Beginning at the intersection of the South line of said Quarter Quarter and the Easterly right -of -way of the Penn Central Railroad; thence Northwesterly along said Easterly right -of -way., line to its intersection with the North line of Stanfield and Fosters Addition extended Westerly, said point also being the North line of a parcel of land conveyed to Jon Foster in Deed Record 44, page 46; thence Westerly along said North line to its intersection with the Westerly right -of -way line of said .__Ra.ilroad; thence Southe.asterl,y.along said Westerly line to its _ intersection with the South line of the Southeast Quarter of the .. Northwest Quarter of Section 1, Township 37 North, Range,2 East; thence East along said South line to the point of beginning. Also including real property more particularly described as follows: That part of the Southeast Quarter of the Northwest Quarter of Section 1, Township 37 North, Range 2 East that lies-North of the South line of said Quarter Quarter, South of the South line of Howard Street, East of the Easterly right -of -way line of the Penn Central Railroad and West of the Westerly line of Niles Avenue. I 9 PAREA PLAN COMMISSION RICHARD S. JOHNSON ST. JOSEPH COUNTY, IN Executive Director Room 1140 County -City Building" South Bend, Indiana 46601 (219) 284 -9571 October 21, 1987 The Honorable Common Council City of South Bend County -City Bldg. 4th Floor - South Bend, In 46601 RE: A proposed ordinance and site development plan of John Friedline to zone from "A" Residential, "A" Height and Area and "D" Industrial, "F " Height and Area to "A -3" Mixed Use Mulfi- family Residential and Commercial, "A " Height and Area, property located west of Niles Avenue, south of Corby Street, running along the St. Joseph River, City of South Bend - A-PC #1126 -87 Gentlemen: The 'above referenced ordinance and site development plan of John Friedline was legally advertised October 9 and October 10, 1987. The Area Plan Commission gave it ,a public hearing on October 20, 1987, at which time the following action was taken: - Upon a motion by Joseph Serge, being seconded by Robert Lehman, and unanimously carried, the proposed ordinance and site development plan of John Friedline to zone from "A" Residential, "A" Height and Area and "D" Industrial, "F " Height and Area to "A -3" Mixed Use Multi- family Residential and Commercial, "A " Height and Area, property located west of Niles Avenue, south of Corby Street, running along the St. Joseph River, City of South Bend is sent to the Common Council with a favorable recommendation subject to a Final Site Development Plan PLEASE NOTE that the Ordinance has been amended by the petitioner to include a legal description different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St, Joseph' County, IN October 21, 1987 The Honorable Common Council City of South Bend Page Two The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely c _ —jam Richard . Johnson RSJ /sr Attachment CC: John Friedline