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HomeMy WebLinkAboutAnnexing to and Bringing within City Limits Near Edison RdORDINANCE No. 7479 -85 Passed by the Common Council of the City of South Bend, Indiana July 8, 85 rq Attest: City Clerk IRENE K. GAMMON Attest:����,T '4 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana - " "r� ���- City Clerk IRENE K. GAMMON Approved and signed by me July 91 �9 85 Amended Bill No. 6385 ORDINANCE NO. 7 /7?- !''.3- AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED 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 developer proposes to construct a bed and breakfast facility on said real estate and desires to avail itself of water, storm water disposal and sanitary sewer services of the City. Such use requires rezoning and a Rezoning Petition and an Ordinance to rezone the real estate have been filed with the Common Council. 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, 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 Patrick J. McGraw, purchaser 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: Lots Numbered 1, 2, 3, 4 and the South 36 feet of Lot Num- bered 5 in the Recorded Plat of "Town of Schroederville ", as recorded in the Office of the Recorder of St. Joseph County, Indiana, together with all that portion of Edison Road to and including the South right -of -way line of said Edison Road which lies South of and contiguous to said Lot Numbered 1 and the vacated alley to the East of said Lots Numbered 1 through 5, and also together with all of the vacated alley lying East of and contiguous to said Lots Numbered 1 through 4 and the South 36 feet of said Lot Numbered 5 and said Edison Road. 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 the Ordinance rezoning the real estate to B- Residential or C- Commercial, E Height and Area. If for any reason or cause said rezoning Ordinance is not adopted by Novem- ber 30, 1985, then this Ordinance 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 4-r% in Ccni -inn TTT _ ahnva _ 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 purchaser under a Purchase Agreement of real estate located in St. Joseph County, Indiana; and described as follows: Lots Numbered 1, 2, 3, 4 and the South 36 feet of Lot Numbered 5 in the Recorded Plat of "Town of Schroederville ", as recorded in the Office of the Recorder of St. Joseph County, Indiana, together with all that portion of Edison Road to and inclu- ding.the South right- of- way-line of said Edison Road which lies South of and contiguous to said Lot Numbered 1 and the vacated alley to the East of said Lots Numbered 1 through 5, and also to- gether with all of the vacated alley lying East of and contiguous to said Lots Numbered 1 through 4 and the South 36 feet of said Lot Numbered 5 and said Edison Road. 2. Petitioner intends to develop the real estate as a "bed and breakfast" facility and 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. /4 Patrick J. M Graw EXHIBIT "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 purchaser under a Purchase Agreement of real estate located in St. Joseph County, Indiana, and described as follows: Lots Numbered 1, 2, 3, 4 and the South 36 feet of Lot Numbered 5 in the Recorded Plat of "Town of Schroederville ", as recorded in the Office of the Recorder of St. Joseph County, Indiana, together with all that portion of Edison Road to and inclu- ding the South right- of- way.line of said Edison Road which lies South of and contiguous to said Lot Numbered 1 and the vacated alley to the East of said Lots Numbered 1 through 5, and also to- gether with all of the vacated alley lying East. of and contiguous to said Lots Numbered 1 through 4 and the South 36 feet of said Lot Numbered 5 and said Edison Road. 2. Petitioner intends to develop the real estate as a "bed and breakfast" facility and 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. Patrick J. Graw (iommUttr Irport Ulu the Tom= Tonnrii of tht TUH of foidh �.enb: Your Committee of the Whole to whom was referred RTT_T. Wn 63 -85 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED 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 Joseph T. Serge Chairman FREE PRESS PUBLISHING CO.