The URL can be used to link to this page

Home My WebLink About9754-07 Amend Ordinance # 9708-06 - Correcting Scrivener's ErrorORDINANCE No. 9754-07 Passed by the Common Council of the Ciry of South Bend, Indiana May 14, Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana May 15, 07 20 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me May 16, 20 0 7 20 07 ~~~~ c~---_..._ Mayer ORDINANCE NO. ~ 1 S y ~~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO.9708-06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRIVENER'S ERROR. STATEMENT OF PURPOSE AND INTENT On October 23, 2006, the Common Council of the City of South Bend, Indiana passed Ordinance No. 9708-06 (the "Annexing Ordinance"), which voluntarily annexed a small portion of right-of--way along the southwest corner of Olive Road and Brick Road (the "Annexed Property"). A copy of the Annexing Ordinance is attached hereto as Exhibit A. The Annexed Property consists of a portion of a larger parcel located on the southwest corner of the intersection of Brick and Olive Road that is used as farm land (the "Farm Field"). Per the tax recorders on file with the St. Joseph County Auditor's Office, the Annexing Ordinance uses a common address of 25401 Brick Road for the Annexed Property. A subsequent review of the land records indicates that 25401 Brick Road is the address to the property that is immediately adjacent to the Farm Field and that the actual common address on file with the St. Joseph County Recorder's Office is 52097 Olive Road. Although the common address was technically incorrect, the Annexing Ordinance provided a proper common and legal description of the Annexed Property and no confusion existed that the Annexed Property was the portion of additional right-of--way located at the southwest corner of Olive Road and Brick Road. Moreover, the same family owns both parcels, and accordingly, no harm resulted from the error. Therefore, the use of an adjacent property address rather than the actual one in the Annexing Ordinance constitutes a harmless scrivener's error. It is the intent and purpose of this Ordinance to amend the Annexing Ordinance to off dally clarify that proper common address for the Annexed Property is 52097 Olive Road and to prevent any possible confusion in the future that may result from the use an erroneous street address in the Annexing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The common address referenced in Ordinance No. 9708-06 is hereby amended by replacing "25401 Brick Road" with "52097 Olive Road". All other provisions of Ordinance No. 9708-06 are reaffirmed and shall remain in full force and effect. Section II. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. t ~ Member of th mmon Council A st: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the l ~^ day of ~.o.-c.~ , 2007, at 1'~S~ o'clock~.m. /Approved and signed by me on the ~m;~ o'clock Q.m. ~~~~,~~ 1st READING PUBLIC HEARING Sl ~\l o? '3 rd READING 5-~~} NOT APPROVED REFERRED ~ PASSED S ' t ~ l City C k ~~ /~ day of , 2007, at Mayor, City o ~ uth Bend, Indiana Filed In Cl~rk'~ Qfi~ice APA 1 ~ ~G~7 JO~f3 VOOROE CITY CLE~s1C, 50. BEND, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 24-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9708-06 WHICH ANNEXED TO AND BROUGHT WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOLE PURPOSE OF CORRECTING A SCRIVENER'S ERROR Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairperson EXHIBIT A Copy of Annexing Ordinance Fii~d In ~ie~k'~ C~fi#ice APR 1 3 207 JOii!! Vi~O~D£ ORDINANCE N0. ~'ri ~ b ~' ~ AN ORDNANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, NDIANA, CERTAIN LAND N GER~S~1_~l TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILIVIANIC DISTRICT NO. I Southwest Corner of Olive Rd and Brick Rcl. Right of Way. Common Address 25401 Brack Rc~ East 50 feet l3~est of Olive Rd. and a wedge ulong the north side of the property along the 25000 block of Brick Rd STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.129 acres located in German Township, St. Joseph County, Indiana, has been filed by 100",% of the owners of the land in the territory sought to be annexed;. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THF.RFFORF, BE IT ORDANED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND. INDIANA AS FOLLOWS: SECTION I. -That the following described real estate situated in St. 3oseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: Legal Description A Part of the West Half of the Northwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, St Joseph County, Indiana. Beginning on the north line of said half-quarter section South 89 degrees 39 minutes 08 seconds East 442.51 feet from the northwest corner of said quarter section; thence South 89 degrees 39 minutes 08 seconds East 542.21 feet along said north line to the northeast corner of said half-quarter section; thence South 0 degrees 27 minutes 23 seconds East 1399.47 feet along the east line of said half-quarter section and the centerline of Olive Road to the northeast corner of a tract of ]and conveyed to the City of South Bend in Instrument #0334505; thence South 89 Degrees 32 minutes 37 seconds West 55.00 feet along the north line of said City of South Bend tract; thence North 5 degrees 12 minutes 48 seconds East 50.61 feet; thence North 0 degrees Z7 minutes 23 seconds West 1295.00 feet; thence North 47 degrees 19 minutes 46 seconds West 21.10 feet; thence South $9 degrees 49 minutes 06 seconds West 112.00 feet; thence North 86 degrees 36 minutes 21 seconds West 240.47 feet; thence South $9 degrees 49 minutes OS seconds West 100.00 feet; thence South $9 degrees 49 minutes OS seconds West 25.25 feet; thence North 0 degrees 20 minutes 52 seconds East 30.01 feet to the point of beginning and containing 2.011 acres, more or less inclusive of the presently existing right-of-w•ay which contains 0.$$2 acres, more or less, for a net additional taking of 1.129 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Vlayor, and legal publication. ' ~, ;vIEVIBER OF COi~1l~10N COUNCIL Attest: ity 1 k Presented by me to the iVlayor of the City of South Bend, Indiana on the L`f~~. day of ~_, 2 P~ , at 3 '• 1~~ o'clock_~. m. ~f ~ ~~~ J Q~o..~ City Clerk r o - Approved anti signed by me on the ~~ ~ day of ~~ ~ , 2 ~'6 , at a° 3 'o'clock G; .m. J Mayor, City o oath Bend. Indiana 1st READING ~ ~I` t,~ g~ FUcLIC FitARWG 10-`~ '~%~ S ; d READING t-~ ~ ~3 ,ob ~:OT APPROVED kEFERRED PASSED ~ ~ _. L~ _ pio Fi4~~ i?~ ~12s'~.'~ ~~$~~9 A,0r, - 9 2006 JCNri V;}G~^uE C1T(CCc4C, SO.OE~i~J, t,~. 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY ALADEAN M. DERosE CHIEF ASSISTANT CITYATTORNEY April 17, 2007 Via Hand Delivery City of South Bend Common Council 441 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601-1830 Attn: John Voorde Re: Filins; of Ordinance Amending Ordinance No. 9708-06 Dear Mr. Voorde: I am writing this letter to you in my capacity as Assistant City Attorney of the City of South Bend, Indiana. Please find enclosed for filing an Ordinance that amends Ordinance No. 9708-06 (the "Annexing Ordinance") to correct a scrivener's error. As further detailed in the Ordinance, the Annexing Ordinance inadvertently referred to the property being annexed (the "Annexed Property") as a portion of the parcel located at 25401 Brick Road. Although the parcel was referred to as 25401 Brick Road in the tax records, the land records indicate the address is actually 52097 Olive Road. The address 25401 Brick Road is used to describe an adjacent parcel. The Annexing Ordinance provided a correct common description and legal description and clearly identified the Annexed Property as being along the southwest corner of the intersection of Brick Road and Oliver Road. The same family owns the 25401 Brick Road parcel that owns 52097 Olive Road parcel, but they wanted to have the scrivener's error officially clarified to prevent any tax or boundary confusion in the future. Accordingly, we file this Ordinance for your consideration and respectfully requests that you conduct the first reading of this Ordinance at your April 23, 2007 meeting and that you conduct the second and third readings and consider the Ordinance at your May 14, 2007 meeting. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN Nicholas Witwer, a member of our Community and Economic Development staff, will be available at the May 14, 2007 Committee meeting and the Common Council meeting to present the Ordinance and answer any questions you may have. Should you have any questions regarding the scheduling or filing of this Ordinance, please feel free to call me at (574) 235-9294 or Nicholas Witwer at (574) 235- 5836. Sincerely, ~. /~ VZtw,i'1 Shawn E. Peterson Assistant City Attorney cc: Nicholas Witwer (via regular mail) Fil~c~ 1rt Cl~~•~t'~ ~~fcce APR 1 0 ~~07 JC,if~3 V~~~~~?c CfTY CLyFsK, $C1, 5F~'.~, flV.