HomeMy WebLinkAboutAnnexing Certain Real Estate Topsfield TerraceORDINANCE No. 7034 -82
Passed by the Common Council of the City of South Bend,
_ February 22, z9 -8
K. GAMMON
Presented by me to the Mayor of the City of South Bend,
City Clerk
Approved and signed by
a3
of Common Council
IRENE K. GAMMON
��/ do�'t� I
Clerk
ORDINANCE NO.�
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA,
CERTAIN REAL ESTATE LOCATED IN PENN TOWNSHIP,
ST. JOSEPH COUNTY. INDIANA.
STATEMENT OF PURPOSE AND INTENT:
A petition for the voluntary annexation of approximately
26.24 acres located in Penn Township, St. Joseph County, Indiana, has
been filed by the owners of one hundred percent (100 %) of the
territory to be annexed, said owners being Brethren Care of South
Bend and the City of South Bend. Brethren Care of South Bend, Inc.,
operates a retirement home facility known as Topsfield Terrace, which
is physically located on land which is partially already within the
boundaries of the City of South Bend and partially on land described
in this Ordinance. The City of South Bend operates a storm water re-
tention basin on the land owned by it within said territory. The
Topsfield Terrace facility has available to it services by the City
of South Bend of a governmental and capital improvement nature, which
services include fire and police protection, and municipal sewer,
water and storm water drainage services, and such other governmental
and capital improvement services as are being presently furnished the
other residents and business enterprises located within the bound-
aries of the City of South Bend and in the area of the territory
petitioned to be annexed. It is the intent and purpose of this Ordi-
nance to annex the territory to the City and to incorporate in such
ordinance the petitions for annexation of Brethren Care of South
Bend, Inc., and the City of South Bend acting by and through its
Board of Public Works.
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana:
SECTION I. That the petitions for voluntary annexation
executed by Brethren Care of South Bend, Inc., an Indiana not -for-
profit corporation, and by the City of South Bend, Indiana, acting
by and through its Board of Public Works, for the annexation of
certain territory to the City of South Bend are incorporated herein,
made a part hereof and marked Exhibit A and B respectively.
SECTION II. That the real estate petitioned to be annexed
is located in St. Joseph County, State of Indiana, is contiguous to
the boundaries of the City of South Bend, Indiana, and is described
as follows:
A tract of land in the Southwest Quarter of Section
20, Township 37 North, Range 3 East, St. Joseph
County, Indiana.
Beginning at a point on the South line of said
Southwest Quarter 180 feet East of the Southwest
corner thereof; thence following the present City
Limits North 837.6 feet more or less; thence
following the present City Limits West 180 feet;
thence along the West line of said section being
the centerline of Ironwood Road and the present
City Limits North 61.6 feet more or less; thence
following the present City Limits East 1438.69
feet; thence South 00° °04'28" West a distance of
899.16 feet more or less to the South line of
said section also being the centerline of Inwood
Road and the present City Limits; thence following
the present City Limits West along said South
section line a distance of 448.69 feet more or
less; thence continuing West along said South
section line a distance of 810 feet more or less
to the point of beginning, which point is on the
present City Limits; containing approximately
26.24 acres.
and said real estate is now hereby annexed to and brought within the
City of South Bend.
SECTION III. This ordinance shall be in full force and
effect from and after its enactment, approval by the Mayor, and legal
publication.
Member of the Common Council
FILED ID CLERK'S OFFICE
FEB -F,o
11 ;
Irene Gammon
is? Z�ADIN'G CITY CLERK, SOUTH BEND, IND,
PUBLIC HEARING c( -aa -sa
2nd READING
NOT APPROVED
REFERRED
PASSED
PETITION FOR ANNI;;�ATION
The undersigned, for its petition f-or annexation to the
City of South Bend, Indiana, hereby stages that:
1. It is the owner of a portion of the real estate
located in St. Joseph County, Indiana and described in Exhibit A
attached hereto and made a part hereof, the remaining portion of
said real estate and owned by the City of South Bend and being used
by the City for a storm water retention basin.
2. It is the operator of a retirement home known as
Topsfield Terrace which has been constructed on the said real estate
owned by it and upon adjoining real estate of petitioner, which
adjoining real estate is already located within the boundaries of
the City of South Bend.
3. The real estate owned by the petitioner, a part of the
territory herein petitioned to be annexed, together with the adjoin-
ing real estate owned by its petitioner and already located within
the City of South Bend, has since the date of construction of
Topsfield Terrace facility, been furnished with municipal services of
a governmental nature and of a capital improvement nature by the
City of South Bend, which services include fire and police protec-
tion, and municipal sewer, water and storm water drainage services,
and such other governmental and capital improvement services as are
being presently furnished to other residents and business enterprises
located within the boundaries of the City of South Bend and in the
area of the territory herein petitioned to be annexed.
WHEREFORE, the undersigned petitions the Common Council
of the City of South Bend that the territory owned by it and part
of the territory described in Exhibit A herein be annexed to the
City of South Bend.
BRETHREN CARE OF SOUTH BEND, INC.
BY: r/ �—
EXHIBIT A TO ORDINANCE
State of Indiana )
) SS:
St. Joseph County )
Personally appeared before me, a Notary Public in and for
said County and State, Howard R. Goodhew, _ known to me
to be the President of Brethren Care of
South Bend, Inc., and acknowledge the execut=ion of the foregoing
instrument this 16th day of December , 1981.
Richard L. Mintz Notary Public
residing in St. Joseph County, IN
My Commission Expires:
February 10, 1985
(EXHIBIT A)
(to Petition)
A tract of land in the Southwest Quarter of Section 20,
Township 37 North, Range 3 East, St. Joseph County, Indiana.
Beginning at a point on the South line of said South-
west Quarter 180 feet East of the Southwest corner
thereof; thence following the present City Limits
North 837.6 feet more or less; thence following the
present City Limits West 180 feet; thence along the
West line of said section being the centerline of
Ironwood Road and the present City Limits North 61.6
feet more or less; thence following the present City
Limits East 1438.69 feet; thence South 000004'28" West
a distance of 899.16 feet more or less to the South
line of said section also being the centerline of
Inwood Road and the present City Limits; thence follow-
ing the present City Limits West along said South
section line a distance of 448.69 feet more or less;
thence continuing West along said South section line a
distance of 810 feet more or less to the point of begin-
ning, which point is on the present City Limits.
Containing approximately 26.24 Acres.
EXHIBIT B TO ORDINANCE
PETITION FOR ANNEXATION
The undersigned, for its petition for annexation to the City
of South Bend, Indiana, hereby states that:
1. The owners of the real estate described in Exhibit A,
attached hereto and made a part hereof, are Brethren Care of South
Bend, Inc., and the City of South Bend, Indiana.
2. Brethren Care of South Bend, Inc., has by its petition
dated December 16, 1981, requested that the Common Council of the City
of South Bend annex said territory to the City of South Bend.
3. The City of South Bend now petitions that said real
estate described in Exhibit A, which real estate owned by it is used by
the City as a retention basin, be annexed to the City.
WHEREFORE, the undersigned petitions the Common Council of
the City of South Bend that the territory owned by it and part of the
territory described in Exhibit A herein be annexed to the City of South
Bend.
Attest:
X 7 cam. !I e CZ /oJ
Barbara J. Bye s, C e
BOARD OF PUBLIC WORKS
J n Leszczynskil P1
gic _�� rd L. Hill
J ph E. Kernan
( EXHIBIT A )
(to Petition)
A tract of land in the Southwest Quarter of Section 20,
Township 37 North, Range 3 East, St. Joseph County, Indiana.
Beginning at a point on the South line of said South-
west Quarter 180 feet East of the Southwest corner
thereof; thence following the present City Limits
North 837.6 feet more or less; thence following the
present City Limits West 180 feet; thence along the
West line of said section being the centerline of
Ironwood Road and the present City Limits North 61.6
feet more or less; thence following the present City
Limits East 1438.69 feet; thence South 000004'28" West
a distance of 899.16 feet more or less to the South
line of said section also being the centerline of
Inwood Road and the present City Limits; thence follow-
ing the present City Limits West along said South
section line a distance of 448.69 feet more or less;
thence continuing West along said South section line a
distance of 810 feet more or less to the point of begin-
ning, which point is on the present City Limits.
Containing approximately 26.24 Acres.
Richard L. Hill
City Attorney
Robert M. Parker
Chief Deputy
Thomas L. Bodnar
Gregory D. Loughridge
James A. Masters
Carolyn V. Pfotenhauer
Robert C. Rosenfeld
Eugenia S. Schwartz
Kathleen E. Skiba
CITY ®f SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Members of the Common Council
County -City Building
South Bend, Indiana 46601
Dear Council Members:
February 3, 1982
219/264 -9241
The ordinance here submitted is for voluntary annexation of a tract
of approximately 26 acres located at the Northeast corner of Ironwood
and Inwood Roads. The tract is contiguous to the existing City
boundaries on the North side and the West side.
The tract has two owners. One is Brethren Care of South Bend, Inc.,
the operator of Topsfield Terrace Retirement Home. The other owner
is the City of South Bend which owns land used as a storm water
retention basin in the Southwest corner of the tract. Petitions
requesting the voluntary annexation have been obtained from Brethren
Care and the Board of Works of the City of South Bend.
The Brethren Care property extends to the North of the tract of land
to be annexed and this Northerly property is presently within the
South Bend City boundaries. The physical structure of the Topsfield
Retirement Home is located partly inside the City and partly outside,
the boundaries of the City cutting through the center of the build-
ing. The Topsfield Retirement Home is not using City water or
sewage, but those facilities are available adjacent to the property
for use. Other City services are readily available to the property.
Presently a question of divided authority is presented as to fire and
police protection. The Fire Department has asked for clarification
of its responsibility at this facility unless the tract is annexed.
Members of
February 3,
Page 2
the Common Council
1982
At the time of the initial construction of the facility Brethren
Care had agreed to request voluntary annexation to the City after the
structure was completed and occupied.
The City should not be required to expend any monies in order to pro-
vide City services to this territory.
Very truly yours,
Robert M. Parker
Chief Deputy City Attorney
RMP /clt
Enclosure