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HomeMy WebLinkAbout#2627- Deed; VOLUNTARY ANNEXATION Edward Rose6 �--7 3� A X-: 3� PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT N This Agreement, made and entered into this / �p-1-L day of 1985, between the City of South fiend, 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 anti 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 hereby petition the Common Council of the City of South Bend for voluntary annexation of and to bring within the boundaries of the City the real estate described herein. B. The City agrees that the Developer may connect to existing water mains of the City located along Inwood Road and Topsfield Road and I of 5 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. D. 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 real estate have been constructed and opened. The City shall provide fire protection to the annexed real estate as soon as any development is constructed, access roads have been constructed and opened and fire hydrants installed and rendered operative. 2 of 5 the of G. The covenants herein shall bind and inure to the benefit respective executors, administrators, successors and assigns Of the parties - ATTEST: Elio Bafile Assistant Secretary ATTEST: ATTEST: INDIANA FRANKLIN REALTY, INC. B 'zq 1, Y' /-)., - a--- R.C. Menge vSCE PRESIDENT EDWARD ROSE OF INDIP�N A. an Indiana Limited Partnership By: 3A�� THE CITY OF SOUTH BEND, by its Board of Public Works By: iw- -y�n,:�.Pe.t�-- -- 3 of 5 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 89c'37'07"W along the present city limits a distance of 1200.00 feet; thence N 00004'28"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 00004'28"W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. 4 of 5 141 arrY 'JM!% ATTACHMENT TO PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT "EXHIBIT B" MANr afr AJAfJq oaf t `r. 31' PKA xfx r c,rY ;./Alirf oaf r .36.07 AGRrr� jf- Z0 /R 3 f e9°.37'a7"'W AL 1A,00. ooIN W Obi® ROAD N r" = Wo' 5 of 5 CITY of SOUTH BEND ROGER O PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 May 7, 1985 BOARD OF PUBLIC WORKS ,John E. Leszczynski, President Katherine G. Barnard Michael L. Vance 219/284-9412 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. mp Enclosure Sincerely, BOARD OF PUBLIC WORKS Maryrose P` utz, Acting erk jig 1% Cl.ERw s of la. r,ppPc)VED RUFRREC APR :" 1985 IRENE GAMMON CITY of SOUTH BEND ROGER O PARENT. Mayor COUNTY -CITY BUILDING SOUTH BEND. INDJANA 46601 May 7, 1985 BOARD OF PUBLIC WORKS John E. LCSLCLynskl, President Kalherine G. Barnard NiChael L. Vance Mr. Jerry R. Speedy Edward Rose of Indiana 6100 Newport Road P.O. Box 3015 Kalamazoo, Michigan 49003 Dear Mr. Speedy: 219/284.9412 This is to advise you that the Board of Public Works, at their meeting held on May 6, 1935, approved the Utilities Agreement with Edward Rose of Indiana. This matter will be on the May 13, 1985, Common Council agenda and you should have someone present at this meeting. If you have any questions regarding this matter, please do not hesitate to contact this office. Sincerely, BOARD OF PUBLIC WORKS Maryros utz, Acting Clerk mp EDWARD ROSE OF INDIANA 6100 NEWPORT ROAD POST OFFICE BOX 3015 KALAMAZOO, MICHIGAN 49003 PHONE (616) 323-9484 May 3, 1985 Ms. Carolyn Photenhauer City Attorneys Office South Send, Indiana 46601 Dear Ms. Photenhauer: Enclosed are the first two pages of the Petition for Voluntary Annexation and Annexation Agreement. Thank you for your special handling of this matter. If you have any questions, please call. Yours truly, enclosure ORDINANCE NO. _'7�{, -t�s 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 tile 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 Lend, 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 heraof, 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. Member of e Common Council fig IN VILER =S ffICE APR ' 1985 REFERRED PASSf:D IRENE GAMMON CITY CLERK, SO. BEND, IN A parcel of T 37N, R 3E, described as ATTACHMENT TO ORDINANCE NO. EXHIBIT A land located in the SW 1/4 of Section 20, St. Joseph County, Indiana, more particularly follows: Beginning at the SE corner of the SW 1/4 of Section 20, T 37N, R 3E of the Second Principal Aleridian; thence S 89037'07"W along the present city limits a distance of 1200.00 feet; thence N 00004'28"E along the present city limits a distance of 899.16 feet; thence East along tt7e 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.