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Home My WebLink About9389-03 Annexation - The North by Brick Road, west by the Hartman and DeMaegt Subdivision and on the east by the Harvest Pointe SubdivisionORDINANCE No. s3a9.o= Passed by the Common Council of the City of Sorrtlr Bend, Indiana February 10, Attest: Attest: ~ 20 03 Presented by me to the Mayor of the Ciry of South Bend, Indiana February 11, 20 03 Ciry Clerk President of Common Council City Clerk Approved acrd signed by me February 12, 20 03 Mayvr ORDINANCE NO. ~ -1 3 $ `~ ~ 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; PETITION OF JUSTINE DEMAEGT, OWNER, AND CLELAND HOMES, INC., CONTINGENT PURCHASER, TO ANNEX PROPERTY BOUNDED ON THE NORTH BY BRICK ROAD, ON THE SOUTH BY THE SOUTH BEND CITY LIMITS, ON THE WEST BY THE HARTMAN AND DEMAEGT SUBDIVISION AND ON THE EAST BY THE HARVEST POINTE SUBDIVISION STATEMENT OF PURPOSE AND INTENT A PETITION FOR VOLUNTARY ANNEXATION OF 28.15 ACRES LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, HAS BEEN FILED BY JUSTINE DEMAEGT, OR HER DULY APPOINTED REPRESENTATIVE(S), BEING 100 PERCENT OF THE OWNERS OF 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. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. THAT THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN ST. JOSEPH COUNTY, INDIANA, BEING CONTIGUOUS BY MORE THAN ONE-EIGHT (1/8) OF TTS AGGREGATE EXTERNAL BOUNDARIES WITH THE PRESENT BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, SHALL BE AND HEREBY IS ANNE,~D TO AND BROUGHT WITHIN THE CITY OF SOUTH BEND: A PARCEL OF LAND BEING A PART OF THE NORTIiWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GER,'~L1N TOWNSHIP, ST. JOSEPH COUNTY, Ii~1DIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO~YS: BEGINNING AT A POINT ON TAE NORTH LINE OF SAID SECTION Zl, A DISTANCE OF 80.5 FEET SOUTH 89°27'36" EAST OF THE NORTIiWEST CORNER OF SAID NORTITtVEST QUARTER, SAID BEGINNING POINT BEING THE NORTHEAST CORNER OF THE PLAT OF HARTMAN AND DE MAEGT SUBDIVISION AS THE SAME IS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA IN PLAT BOOK 27 PAGE `H'; THENCE NORTHERLY, PARALLEL WITH THE WEST LINE OF THE SOUTIIWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHH' 38 NORTH, RANGE 2 EAST, A DISTANCE OF 20 FEET TO THE NORTHERLY RIGHT-0F-WAY LINE OF BRICK ROAD; THENCE SOUTH 89°27'36" EAST, PARALLEL WITH SAID NORTH LINE OF SECTION 21, A DISTANCE OF 189.5 FEET TO THE WEST LINE OF THE PLAT OF REINER'S BRICK ROAD SUBDIVISION MINOR PLAT AS THE SADIE IS RECORDED IN THE SAID OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTHERLY, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, A DISTANCE OF 30 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN SAID REINER'S $UBDTVISION; THENCE SOUTH 89°27'36" EAST, PARALLEL WITH SAID NORTH LINE OF SECTION 21, A DISTANCE OF 100 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN SAID REINER'S SUBDIVISION; THENCE SOUTHERLY, PARALLEL WITH THE WEST LINE OF THE SOUTIWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 2 EAST', A DISTANCE OF 3O FEET TO THE NORTHERLY RIGHT-0F-WAY LINE OF BRICK ROAD; THENCE SOUTH 89°27'36" EAST, ALONG SAID NORTHERLY RIGHT-0F-WAY LINE AND PARALLEL WITH SAID NORTH LINE OF SAID SECTION 21 TO SAID RIGHT-OF-WAY LINE'S INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST LINE OF THE PLAT OF HARVEST POINTS SUBDIVISION, SECTION ONE, SAID PLAT RECORDED AS INSTRUMENT NUMBER 9907812 IN SAID RECORDER'S OFFICE; THENCE SOUTH 00°38'27" WEST, ALONG SAID NORTHERLY PROJECTION, A DISTANCE OF 20.00 FEET TO SAID NORTH LINE OF SECTION 21 AND THE NORTHWEST CORNER OF SAID PLAT OF HARVEST POINTS SUBDIVISION, SECTION ONE; THENCE SOUTH 00°38'27" WEST, ALONG A WEST LINE OF SAID HARVEST POINTS SUBDIVISION, A DISTANCE OF 529.38 FEET TO A CORNER OF LOT 19 IN SAID SUBDIVISION; THENCE NORTH 89°29'09" WEST, ALONG A NORTH LINE OF SAID LOT 19, A DISTANCE OF 138.47 FEET TO A WEST LINE OF SAID HARVEST POINTS SUBDIVISION, SECTION ONE; THENCE SOUTH 00°36'54" WEST, ALONG SAID WEST LINE AND TTS SOUTHERLY PROJECTION, A DISTANCE OF 490.21 FEET TO ITS INTERSECTION WITH A NORTHERLY LINE OF THE SOUTH BEND CITY LIMITS; THENCE NORTH 89°27'36" WEST, ALONG SAID NORTHERLY LINE OF THE SOUTH BEND CITY LIMITS, A DISTANCE OF 1102.23 FEET TO THE SOUTHEAST CORNER OF SAID PLAT OF HARTMAN AND DE MAEGT SUBDIVISION; THENCE NORTH 00°40'41" EAST, ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 1019.85 FEET TO THE PLACE OF BEGINNING. SUBJECT TO THE LEGAL RIGHTS OF A PUBLIC HIGIIWAY, IF A1~1Y, AND SUBJECT ALSO TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD. SECTION II. THAT THE BOUNDARIES OF THE CITY OF SOUTH BEND, INDIANA, SHALL BE A'~iD 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. THAT THE ABOVE DESCRIBED REAL ESTATE SHALL BE AND HEREBY IS ASSIGNED TO THE S ~ COUNCILhfANIC DISTRICT OF THE CITY OF SOUTH BEND, INDIANA. SECTION IV. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT 30 DAYS FROM AND AFTER TTS PASSAGE BY THE COMMON COUNCIL, APPROVAL BY THE MA R, AND LEGAL PUBLICATION. MBER OF THE COMMON OUNCIL 1st READIFIG ~ Z ~~ o ~ PUBLIC HEARING ~--L~-03 3 rd READING Z_~p_o3 NOT APPROVED REFERRED PASSED 2-\ Q - 03 ~1~~~ ~tl L'e~f Ea S ~f~IC~ Q ~~ ~~~~ LORETIAJ. [Yi!D°a COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 102-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; PETITION OF JUSTINE DEMAEGT, OWNER, AND CLELAND HOMES, INC., CONTINGENT PURCHASER, TO ANNEX PROPERTY BOUNDED ON THE NORTH BY BRICK ROAD, ON THE SOUTH BY THE SOUTH BEND CITY LIMITS, ON THE WEST BY THE HARTMAN AND DEMAEGT SUBDIVISION AND ON THE EAST BY THE HARVEST POINTE SUBDIVISION 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. Karl King Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND INDIANA I (We) the undersigned, make application to th Indiana, for the voluntary annexation of land t~ German Township, St. Joseph County, Indiana, affirm(s) as follows: Common Council of the City of South Bend, the City of South Bend, Indiana, for land in and in support of which Petition allege(s) and 1) I (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): XX a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51%) of the owners of the land in the temtory sought to be annexed; OR c. the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed in generally located at: The South side of Brick Road, extending South to the current city limits of the City of South Bend, Indiana, bounded on the East by the recorded plat of Harvest Pointe and on the West by the recorded plat of Hartman and DeMaegt's Subdivision all within and a part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Owner Justine DeMaegt 1754 N. Kaley South Bend, In. 46628 Contingent Purchaser Cleland Builders 14150 Parkridge Dr. Granger, In. 46530 ~"8a~d bra ~l~r~'s ~f~i~;~ p~-~ ~ ~~ ~00~ LOFZTTt~J. g1!D:t Cam' CLER'.'~, ;.'~. ~r PdD, i':. 6) The parcel is 28.15 acres in size and currently has the following use(s) on it: Vacant Land 7) That the parcel will be used for the following use(s); Single Family Residential Subdivision Development The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed; ~CLa ~ ^ .~,~ ~;e x'1'1 c~?21i ''Justine De Maegt Address: 1754 N. Kaley Signed: Address: South Bend, In. 46628 Phone Number: ~574~ 234-1835 Phone Number: Name, Address & Phone Number of Contact Person/Preparer (Please print): J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 S. Nfichigan St. South Bend, In. 46601 Phone: (574) 233-1841 Fax: (574) 674-0374 ~i~~~ ~[i C ~21i:- C Q-$f~Ce SEC p ~°, 2002 ~o~~'rn~. ~,n~ .. Exhibit `A' A parcel of land being a part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the North line of said Section 21, a distance of 80.5 feet South 89°27'36" East of the Northwest corner of said Northwest Quarter, said beginning point being the Northeast corner of the plat of Hartman and De Maegt Subdivision as the same is recorded in the office of the Recorder of St. Joseph County, Indiana in Plat Book 27 Page `H'; thence Northerly, parallel with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, Township 38 North, Range 2 East, a distance of 20 feet to the Northerly right-of--way line of Brick Road; thence South 89°27'36" East, parallel with said North line of Section 21, a distance of 189.5 feet to the West line of the plat of Refiner's Brick Road Subdivision Minor Plat as the same is recorded in the said office of the Recorder of St. Joseph County, Indiana; thence Northerly, parallel with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, a distance of 30 feet to the Southwest corner of Lot 1 in said Refiner's Subdivision; thence South 89°27'36" East, parallel with said North line of Section 21, a distance of 100 feet to the Southeast corner of Lot 1 in said Refiner's Subdivision; thence Southerly, parallel. with the West line of the Southwest Quarter of the Southwest Quarter of Section 16, Township 38 North, Range 2 East, a distance of 30 feet to the Northerly right-of--way line of Brick Road; thence South 89°27'36" East, along said Northerly right-of--way line and parallel with said North line of said Section 21 to said right- of-way line's intersection with the Northerly projection of the West line of the plat of Harvest Pointe Subdivision, Section One, said plat recorded as instrument number 9907812 in said Recorder's office; thence South 00°38'2T' West, along said Northerly projection, a distance of 20.00 feet to said North line of Section 21 and the Northwest comer of said plat of Harvest Pointe Subdivision, Section One; thence South 00°38'27" West, along a West line of said Harvest Pointe Subdivision, a distance of 529.38 feet to a corner of Lot 19 in said subdivision; thence North 89°29'09" West, along a North line of said Lot 19, a distance of 138.47 feet to a West line of said Harvest Pointe Subdivision, Section One; thence South 00°36'54" West, along said West line and its Southerly projection, a distance of 490.21 feet to its intersection with a Northerly line of the South Bend City limits; thence North 89°27'36" West, along said Northerly line of the South Bend City limits, a distance of 1102.23 feet to the Southeast corner of said plat of Hartman and De Maegt Subdivision; thence North 00°40'41" East, along the East line of said Subdivision, a distance of 1019.85 feet to the place of beginning. 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