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HomeMy WebLinkAboutAnnexing to and Bringing within the City limits of South Bend ORDINANCE No.7446-85 Passed by the Common Council of the City of South Bend, Indiana May 13, 85 Attest -u.-,„ A7 City Clerk IRENE K. GAMMON • Attest: A.g A k L.. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 14, ig 85 7r- City Clerk IRENE K. GAMMON Approved and signed by me Alti // zg Mayor ORDINANCE NO. 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 and agreement for voluntary annexation of approximately 36 .07 acres located in Penn Township, St . Joseph County, Indiana, has been filed by the owner of 100% of the territory to be annexed and an agreement for the terms of annexation has been entered into by the City and the owner and developer of the territory. The developer proposes to construct a garden apartment complex in said territory and desires to avail itself of water, storm water disposal and sanitary sewer services of the City. The agreement for annexation entered into by the City acting through its Board of Public Works provides for the furnishing of water, storm water disposal, sanitary sewer, police protection and fire protection. It is the intent and purpose of this ordinance to annex the territory to the City and to incorporate in such ordinance the Petition for Voluntary Annexation and Annexation Agreement, said contracts providing for the furnishing of such services. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I . That the Petition for Voluntary Annexation and Annexation Agreement executed by and between the City of South Bend and Indiana Franklin Realty, Inc. , an Indiana corporation, owner of the territory and Edward Rose of Indiana, an Indiana limited partnership and developer of the territory, is incorporated herein, made a part hereof, and marked Exhibit A. SECTION II . That 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 in the attached exhibit incorporated herein, made a part hereof and marked Exhibit B. SECTION III . This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and legal publication. Are 1 f( Member of .re Common Council ATTACHMENT TO ORDINANCE NO. EXHIBIT A A parcel of land located in the SW 1/4 of Section 20, T 37N, R 3E, St. Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Meridian; thence S 89°37 ' 07"W along the present city limits a distance of 1200.00 feet; thence N 00°04' 28"E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of 435.60 feet; thence East along the present city limits a distance of 1140.38 feet; thence S 00°04' 28"W a distance of 1326 . 77 feet to the Point of Beginning, containing 36 .07 acres more or less . ATTACHMENT TO RESOLUTION NO. EXHIBIT A A parcel of land located in the SW 1/4 of Section 20, T 37N, R 3E, St . Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Meridian; thence S 89°37 ' 07"W along the present city limits a distance of 1200.00 feet; thence N 00°04' 28"E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of 435.60 feet; thence East along the present city limits a distance of 1140.38 feet; thence S 00 004' 28"W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. • PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT This Agreement, made and entered into this CO-6J- day of L-77,15, 1985, between the City of South Bend, an Indiana municipal corporation, hereinafter referred to as the "City" and Indiana Franklin Realty, Inc. , an Indiana corporation, hereinafter referred to as "Owner" and Edward Rose of Indiana, an Indiana limited partnership hereinafter referred to as "Developer" . WHEREAS, the City, Owner and Developer desire to have certain real estate annexed and incorporated within the corporate limits of the City of South Bend, a municipal corporation, of the State of Indiana, which real estate is as described in Exhibit A attached hereto, incorporated herein and made a part hereof ; and WHEREAS, the Owner is the record title holder of 100% of the real estate described in Exhibit A, which Developer intends to purchase from Owner; and WHEREAS, the real estate hereinabove described being presently situated in Penn Township, County of St . Joseph, State of Indiana is adjacent to and contiguous with the said City of South Bend along 73.8% of the boundary of said real estate, as shown on the map attached hereto, made apart hereof, incorporated herein and marked Exhibit B; and WHEREAS, the Developer is proposing the construction of a garden apartment complex on the above described real estate. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties hereto agree that this Petition for Annexation to the City of South Bend is expressly conditioned upon the Common Council of the City of South Bend adopting an annexation ordinance providing for the following : A. The Owner is the fee simple title holder of 100% of the land in the real estate described in Exhibit A attached hereto and does , . . • may extend water mains from such connections to serve the development complex. Such main extensions shall be at the Developer 's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such mains should be of a size in excess of that necessary to serve the developmment complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish 'engineering and design consultation to the Developer without cost. C. The City has existing storm water retention basins located in the immediate vicinity of Inwood and Ironwood Road. The Developer may construct a drainage system of drains and ponds as it deems necessary at its cost to provide storm water drainage for its property into said City owned retention basin and the City shall accept such drainage without charge to the Developer. D. The City agrees that the Developer may connect without cost, fee or special assessment to existing sewer mains of the City located along Inwood Road and Topsfield Road and may extend sewer mains from such connections to serve the development complex. Such sewer extensions shall be at the Developer 's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such sewers should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish engineering and design consultation to the Developer without cost . E. It is understood and agreed by the parties hereto that there will be no charge to the Owner or Developer for connection of individual units or buildings to sanitary sewers, water mains and/or storm water outfalls . F. The City shall provide police protection to the annexed real estate as soon as any development is constructed and access roads into the G. The covenants herein shall bind and inure to the benefit of the executors, administrators, successors and assigns of the respective parties. INDIANA FRANKLIN REALTY, INC. ATTEST: By: ‘Z‘ Z?"311&?, • at, / R.C. Menge VICE PRESIDENT Elio Bafile Assistant Secretary EDWARD ROSE OF INDIANA, an Indiana Limited Partnership ATTEST: /' BY: At.. 40/4(4,14 I I THE CITY OF SOUTH BEND, by its Board of Public Works BY: / ATTEST: 10, 4 ATTACHMENT TO PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT DATED EXHIBIT A A parcel of land located in the SW 1/4 of Section 20, T 37N, R 3E, St . Joseph County, Indiana, more particularly described as follows : Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Meridian; thence S 89°3707"W along the present city limits a distance of 1200.00 feet; thence N 0000428"E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61 .31 feet; thence North along the present city limits a distance of 435 .60 feet; thence East along the present city limits a distance of 1140.38 feet; thence S 00004' 28"W a distance of 1326. 77 feet to the Point of Beginning, containing 36 .07 acres more or less . ATTACHMENT TO PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT "EXHIBIT 3 X i 4' OO' r /fir cifr ktivJfi,' AAf r !JitJ2.J8' / , / ici oPi /( * GJ'9' 17;P'f !°Ai 1 61.3!' 8 - 36.07 AGREE K ■ n a /ekt e . P 44 O J.JA�J�¢ /L ,t0 37N1 fIL3g At f d 9•3407" i'4 f fi ...A t J.2®®.®0' 1NWOOD ROAD `PK/hENf t-eV Ar °TY CITY of SOUTH BEND 0 Ail,H // ;F+ • ROGER O PARENT, Mayor ® \\PENCE, / ®® � ? �� �''��% COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 o®®' * 2866* ~%� May 7 , 1985 4. BOARD OF PUBLIC WORKS 219/284-9412 John E. Leszczynski,President Katherine G. Barnard Michael L. Vance South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Dear Councilmen: At their meeting held on May 6 , 1985 , the Board of Public Works approved the enclosed Petition for Voluntary Annexation and Annexation Agreement with Edward Rose of Indiana. This is being returned to the Common Council for consideration at your May 13 , 1985 Council meeting . If you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS L—ht9.--Clft*</_e , 'P., --- Maryrose Putz, Acting Jerk mp Enclosure finmmlttrt Ewe Oki the Tom= QIounril of Or QIitg of*nutty Ernd: of the Whole Your Committee to whom was referred BILL NO. 22-85 A BILL ANNEXING AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PENN TOWNSHIP, 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 Joseph T. Serge Chairman FREE PRESS aSeayu PUBLISHING CO.