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HomeMy WebLinkAboutAnnexing certain land located at 22901 Cleveland Rd ORDINANCE No. 7594-86 Passed by the Common Council of the City of South Bend, Indiana January 27, x986 Attest: '— l� het"-Y14.--1,1-e..-0---clj City Clerk IRENE K. GAMMON Attest: { 4. 1_) President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 28, ig 86 )14.(2---,..t...e- 47 lia-,-ke---,.-t-e-c-,..,...., City Clerk IRENE K. GAMMON Approved and signed by me j CbnU.,C9 0�9, Ig ''�L /9' A.4 Ma y or Jr (/ ORDINANCE NO. 7,4-7V-176 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED AT 22901 CLEVELAND ROAD EXTENSION IN ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE AND INTENT A petition for voluntary annexation of real estate located in St. Joseph County, Indiana, has been filed by the owner of 100% of the territory to be annexed. The real estate is currently zoned C Commer- cial under the St. Joseph County Zoning Ordinance. The petitioner has developed the real estate as an office and a warehouse for its commer- cial and industrial electrical and highway specialty construction business and desires to avail itself of water, storm water disposal and sanitary sewer services of the City. Such use will require rezoning of the real estate if annexed and a Rezoning Petition and an Ordinance to rezone the real estate must be filed with the Common Council. It is the i,ntent•and purpose of this Ordinance to annex the real estate to. the City and to incorporate in such Ordinance the • Petition for Voluntary Annexation, subject to adoption by the City of - - - - South Bend of the Ordinance rezoning the real estate. • BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The Petition for Voluntary Annexation executed by Trans Tech Properties, an Indiana general partnership, the owner of the real estate, is incorporated herein, made a part hereof, and • marked Exhibit A. SECTION II. The 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, which real estate is described as follows: A parcel of land being a part of the Northwest Quarter of Section 21, .Township 38 North, Range 2 East, in German Township, St Joseph County, Indiana, and being more particulakay described as follows: Commencing at the intersection of the west -line of said Northwest Quarter with• the northerly right-of-way line of the Indiana East-West Toll Road, said intersection being 337.19 feet northerly of the West Quarter Corner of said Section 21, and being marked by a brass monument set in concrete; thence easterly 80. 64 feet along said northerly right-of-way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 83°32 '20" East (all bearings in this description being relative to an assumed bearing of North 90°00 ' 00" - East for the north line of said Northwest Quarter) to an iron pipe found in .place; thence North 0°06 '03" East, parallel with and 80-50 feet easterly of said west line of the Northwest Quarter, a measured distance of 336.78 feet to a one inch square iron pipe set this survey marking the northwest corner of a parcel of land described in Deed Record 819,• page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being on the northerly right-of-way line of Cleveland Road and being the point of beginning for this description; thence continuing North 0°6' 03" East, a measured distance of 669-74 feet to a one inch square iron pipe set this survey at a point which is South 0°06'03" West a distance of 1281.30 feet from said north line of the Northwest Quarter; thence South 89°14 '27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529 , in said Office of the Recorder, a measured distance of 561_72 feet to an iron pipe found in place; thence South 0°05 ' 02" West, along a westerly line of said Tract "D", a measured distance of 795.17 feet to SECTION III. The annexation of the real estate, as provided for in Section II, above, is specifically subject to adoption by the City of South Bend of an Ordinance rezoning the real estate to "D" Light Industrial, "A" Height and Area. If for any reason or cause said rezoning Ordinance is not adopted by June 30, 1986, then this Ordin- ance and the annexation of the real estate shall be automatically rescinded and shall be null and void. Section IV. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, legal publica- tion, and adoption of the Ordinance rezoning the real estate referred to in Section III, above. \--7,446 ,,,L I Member of the m on Council �. A PETITION FOR VOLUNTARY ANNEXATION The undersigned, for its petition for annexation to the City of South Bend, Indiana, hereby states that: 1 . Petitioner is the owner of real estate located in St. Joseph County, Indiana, and described on Exhibit "A", attached to and a part of this Petition. 2. Petitioner has developed a portion of the real estate as an office and warehouse for its commercial and industrial electrical and highway specialty construction business and the real estate is currently zoned C Commercial under the St. Joseph County Zoning Ordinance. Petitioner determines it necessary that the real estate be furnished with municipal services including water, storm water disposal, and sanitary sewer services of the City of South Bend. 3. The real estate described herein is contiguous to the City of South Bend pursuant to requirements of State statutes. WHEREFORE, the undersigned petitions the Common Council of the City of South Bend that the real estate to be purchased by it and described herein be annexed to the City of South Bend. TRANS TECH PROPERTIES, an Indiana General Partnership By: Robert J. rbanski General Partner s • EXHIBIT "A" • A parcel of land being a part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, in German Township, St Joseph County, Indiana, and being more particular.l.y described as follows: Commencing at the intersection of the west 'line of said Northwest Quarter with the northerly right-of-way line of the Indiana East-West Toll Road, said intersection being 337 .19 feet northerly of the West Quarter Corner of said Section 21, and being marked by a brass monument set in concrete; thence easterly 80. 64 feet along said northerly right-of-way line along . an arc to the right having a radius of 5879 .58 feet and subtended by a chord of 80.64 feet bearing South 83°32 '20" East (all bearings in this description being relative to an assumed bearing of North 90°00 ' 00" - East for the north line of said Northwest Quarter) to an iron pipe found in _place; thence North 0°06 '03" East, parallel with and 80 _50 feet easterly of said west line of the Northwest Quarter, a measured distance of 336.78 feet to a one inch square iron pipe set this survey marking the northwest corner of a parcel of land described in Deed Record 819, page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being on the northerly right-of-way line of Cleveland Road and being the point of beginning for this description; thence continuing North 0°6 ' 03" East, a measured distance of 669_74 feet to a one inch square iron pipe set this survey at a point which is South 0°06 '03" West a distance of 1281.30 feet from said north line of the Northwest Quarter; thence South 89°14 '27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529 , in said Office of the Recorder, a measured distance of 561 .72 feet to an iron pipe found in place; thence South 0°05 '02" West, along a westerly line of said Tract "D", a measured distance of 795.17 feet to a one inch square iron pipe set this survey marking the northerly right- of-way. of said Cleveland Road; thence North 76°41 '25" West, along said northerly right-of-way line, being the northerly line of said parcel described in Deed Record 819 , page 596, a measured distance of 577 _18 feet to the point of beginning. Subject to an easement for an oil pipeline described in Deed Record 522, page 30, and assigned to American Oil Company in Deed Record 612, page 01, 1 in said Office of the Recorder, and subject to any other easements, covenants, or restrictions of record. i PETITION FOR VOLUNTARY ANNEXATION The undersigned, for its petition for annexation to the City of South Bend, Indiana, hereby states that: 1 . Petitioner is the owner of real estate located in St. Joseph County, Indiana, and described on Exhibit "A", attached to and a part of this Petition. 2. Petitioner has developed a portion of the real estate as an office and warehouse for its commercial and industrial electrical and highway specialty construction business and the real estate is currently zoned C Commercial under the St. Joseph County Zoning Ordinance. Petitioner determines it necessary that the real estate be furnished with municipal services including water, storm water disposal, and sanitary sewer services of the City of South Bend. 3. The real estate described herein is contiguous to the City of South Bend pursuant to requirements of State statutes. WHEREFORE, the undersigned petitions the Common Council of the City of South Bend that the real estate to be purchased by it and described herein be annexed to the City of South Bend. TRANS TECH PROPERTIES, an Indiana General Partnership By: Robert J. rbanski General Partner EXHIBIT "A" • A parcel of land being a part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, in German Township, St Joseph County, Indiana, and being more particularly described as follows: Commencing at the intersection of the west 'line of said Northwest Quarter with- the northerly right-of-way line of the Indiana East-West Toll Road, said intersection being 337.19 feet northerly of the West Quarter Corner of said Section 21, and being marked by a brass monument set in concrete; thence easterly 80. 64 feet along said northerly right-of-way line along . an arc to the right having a radius of 5879 .58 feet and subtended by a chord of 80. 64 feet bearing South 83°32 '20" East (all bearings in this description being relative to an assumed bearing of North 90°00 ' 00" -East for the north line of said Northwest Quarter) to an iron pipe found in .place; thence North 0°06 '03" East, parallel with and 80 -50 feet easterly of said west line of the Northwest Quarter, a measured distance of 336.78 feet to a one inch square iron pipe set this survey marking the northwest corner of a parcel of land described in Deed Record 819,- page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being on the northerly right-of-way line of Cleveland Road and being the point of beginning for this description; thence continuing North 0°6 ' 03" East, a measured distance of 669_74 feet to a one inch square iron pipe set this survey at a point which is South 0°06'03" West a distance of 1281.30 feet from said north line of the Northwest Quarter; thence South 89°14 '27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529, in said Office of the Recorder, a measured distance of 561_72 feet to an iron pipe found in place; thence South 0°05 '02" West, along a westerly line of said Tract "D", a measured distance of 795.17 feet to a one inch square iron pipe set this survey marking the northerly right- of-way. of said Cleveland Road; thence North 76°41'25" West, along said' northerly right-of-way line, being the northerly line of said parcel described in Deed Record 819 , page 596, a measured distance of 577 -18 feet to the point of beginning. Subject to an easement for an oil pipeline described in Deed Record 522, page 30, and assigned to American Oil Company in Deed Record 612, page 01, ' in said Office of the Recorder, and subject to any other easements, covenants, or restrictions of record. • - I Q nmmtttnn Itpnrt Ufa the Tlnmmon (lounril of the tlitg of$omit iPnd: Your Committee of the Whole to whom was referred BILL NO. 177-85 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED AT 22901 CLEVELAND ROAD EXTENSION IN ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by changing the height and area to "A" Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO. I I