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HomeMy WebLinkAboutAnnexing Ironwood Kern York AreaFINANCE No 6344 -78 Passed by the Common Council of the City of South Pend, Indiana_ e April 24 -1978 City Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 25 ,,,7 ;9 v,�.�..�_ ,• .� City Clerk IRENE K. GAMMON Approved and signed by me THORNBURG, MCGILL. DEAHL. HARMAN, CAREY& MURRAY ORDINANCE NO. (o 3 c/ q- 7 t AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWN- SHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT A petition and agreement for voluntary annexation of 116.5 acres, more or less, located in Centre Township, St. Joseph County, Indiana, has been filed by the owner of the territory to be annexed, and an agreement for the terms of annexation has been entered into by the owner of the territory and the City of South Bend, Indiana, acting through its Board of Public Works. The owner proposes to construct a "high density residential_ office and professional" development, as that term is defined in Section 21 -11.1, et seq., of the South Bend Municipal Code, and desires to avail itself of water, storm water dis- posal, sanitary sewer, police protection and fire protection of the City of South Bend. It is the intent and purpose of this ordinance to annex the territory to the City of South Bend and to incorporate in such ordinance the petition for voluntary annexation and agreement for annexation. BE IT ORDAINED by the Common Council of the City of South end, Indiana: SECTION 1. That the petition for voluntary annexation and reement for annexation executed by and between the owner, Americana alty, Inc., an Indiana corporation, and the City of South Bend, iana is incorporated herein, made a part hereof and marked Exhibit A� SECTION 2. That the real estate in St. Joseph County, State f Indiana, being contiguous to the present boundaries of the City of outh Bend, Indiana, is hereby annexed to and brought within the City f South Bend, Indiana, which real estate is described in the attached xhibit, incorporated herein, made a part hereof and marked Exhibit B. SECTION 3. This Ordinance shall be in full force and effect om and after its enactment, approval by the Mayor and legal publica- tion. 1st r„ n a FILED IN CLERK'S OFFICE 2n8 R..r` D� . N G y_ Q c/- NpT APP„ f;..`10D APR 51978 Member: of the Common Council REFERRcu t I signed only to provide an PASSED y -a -��' 9 Irene Gammon Opportunity for public discussion L�r•� o.,, �, A CITY CLERK, SOUTH BEND, IND. and Council action on the issue, PETITION FOR ANNEXATION AND ANINEXATION AGREEME111T THIS AGREEMENT, made and entered into this 27th day of March, 1978, by and between the CITY OF SOUTH BEIND, an Indiana Municipal Corporation,_ hereinafter referred to as the "City" and AMERICANA REALTY, II1C.., an Indiana-corporation, hereinafter re- ferred to as "O,orner" . WITNESSETH : WHEREAS, the City and Owner desire to have certain real estate annexed to and incorporated within the corporate limits of the City of South Bend, Indiana which real estate is described on Exhibit A, attached hereto, incorporated herein and made a part herec �,.HEREAS, the O,,jner is the record title holder in fee simple of the property the subject of this Petition and Ac-reement and described on Exhibit A heretc; tVIHEREAS, the territory hereinabove described is adjacent and contiguous to the City of South Bend, Indiana, being presently situated in Centre Township, St. Joseph County, State of Indiana, and attached hereto, made a part hereof and ncorporated herein is a scale map of the proposed property to be annexed to the CitJ, of South Bend, Indiana showing the boundaries thereof, and its relation- ship to the existing boundaries of the Cite- of South Bend, Indiana, Vihich map is marled Exhibit B; and WHEREAS, Owner is proposing the construction of a "high densitr residential - office and professional" development, as that term is defined in Section 21 -11.1, et sec., of the South Bend Eunicipal Co(--!--, on the property the subject of this Petition and I ire° nent . TIE —I of } orec.oi n` an t,-) n t M r - s s e '- - or',--- } } the _ c y� :a,u:al even Ln_� '_ , _ _n, �h� 1 _ice ne e c .`' --re= !, _ tr1ic LPet, - •ton fo -�' A. nexa .l o2^ -,41r_ - -r P amend , Indiana, is expressly conditioned upon the follo.,ring: A. The City agrees that the .Owner may connect to exist- ing water and sewer mains of the City located in the vicinity of York Road, to the east of the real estate described on Exhibit A hereto. It is understood and agreed by the parties hereto that there will be no charge to the Owner for connection of individual units or buildings to water mains, sewer mains and /or storm water outfalls. 3. The City shall provide police protection to the annexed real estate as soon as any development is constructed and access roads to the real estate have been construct 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 opera- tive. C. If the real estate described on Exhibit A hereto is annexed to the City of South Send, Indiana, by Ordin- ance Passed by the Common Council and signed by the 1.1ayor, and thereafter the real estate described on Exhibit A hereto is not zoned to the classification "A -3 High Density Residential - Office and Professional District" and "A- Height and Area District" under Section 21 -11.1, et sea., of the South Be.^d "_unicipal Code (or other classification suitable to O,.,ner-) ,,ith- in six (6) months after the date such annexation be- comes effective, then the City, acting through its Board of Public ;forks, shall male no objection to a petition by OTviner for disannexation of the real estate descrik: ,J on Exhib- rA he r to. O;.ner may i? =ye t he r _-'Juirc-!ient of this I;c_ - =anh C. (23 2 /7 I D. If the real estate described on Exhibit A hereto is annexed but not thereafter zoned in accordance with paragraph C above, and the real estate is disannexed by the Board of Public Works, Petitioner agrees to ex- ecute and deliver to the Board of Public dorks prior to such di.sannexa.t=i_on a waiver of annexation in re- cordable form satisfactory to the Board of Public Work The only condition to such waiver shall be that the same shall become effective fifteen (15) months after the commencement of the construction of any single or non - single family residence upon the real estate described on Exhibit A hereto. PFmTmrnr,T Owner is the owner in fee simple title to all of the real estate described on Exhibit A and does hereby petition the Comoro Council of the City of South Bend, Indiana, for voluntary annexation of and to bring within the boundaries of the City of South Bend, Indiana, the real estate described in Exhibit A attached hereto. IN WITNESS WHEREOF, the foregoing Petition and Agreement have been executed in multiple counterparts, each of which shall be deemed an original for all purposes, the day and year first above written and shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. AMERICANA REALTY, INC. By •'� ^ Z'� I / Rog L. Nus aum ATTEST: Executive Vice President By �� ®�✓ Bruce R. Bancroft Assistant Secretary THE CITY OF SOUTH BEN 5, NDIANA, BY ITS B D _ C ^CORKS By: i Thon s J. Brun e , Jr. Pe ullen AT trick P -7. #TlCmahon A tract of land in the Southeast ?carter (1/1;) of Sect-Ion i0.',I ",S1 i p 37 North Rian-e J .�a;�t in St . OS °ph Count, _:: J� .A_ana, more particularly described as follows, viz: ` Eerinning at a point on the East line of the Southeast Quar- ter (1/4) of Section 31, 827.63 feet No »th of the Southeast corner of said Southeast �?uarter (1/4), said Doint of be.7'n- n4Lng beint on the centerline of Iron - ood Road; thc,,ce :forth OO - 00' -00" Last, along the East 1-ine of the Southeast Quar- ter (1/4), and the centerline of Irom%ood Road, 1720.78 feet t.o a point 100 feet South of the northeast corner of the South- east 'Quarter (1/4) Of Sec t1.Gn 31; =hence l`I°st G2i a I -ne t% a1.ie1 l•V1t11 the East a_ 1U ',Ies t centerline i ne of said .. - _ - y, 7L,,, _ �. c _. o n. feet; thence _�Gr ..11 lOC "� =eL "o. _!�e �aJt ally .� ti c• -n er . -. of Sal d Se ion - r S -7 ! It 1.1^ _ -_ CT G -1 Sl mil :1CP oL t11 Q -� - : O Win^ e worth line of said So' 11- -as Qj. rr,er (i/ ) of Sec` _n _ 213 y3 eC t; whence ;v;,n 00 - ?D -0611 =aS , hence South l6 -18.' �" East 241 re' J` - e • f --� a. , �2 -feet. t t0 ..;'_ 1�Ort1 -� cor her G Lot 236 i n 1',enSinS,`.;On Farms Subd, vas =on Sec` o:^ `hen e -'e to iy alonM he � � l ' v : d ,.,: c ,.. s� r_ � ;. 'JCr,,i; r1y Bile of s`:id Lot =3� .�d sa =d . ?ortherly line pro" ected, to he ce_7terl ynG tar �% G 1 or'- loa , then^ Southerly a I Cng the cen.tEr? the of Ycr R ^ to itS poC nt o++f11 inter sec titan vii t the Souuth l 1 -ne Gf _tat 2- C7 ll�� o n Farms 3ubaivIsicn, Sect -on 6 `l,ence Soi;_t 'F':Dn , 35 feet to t.he :'as t line o orb ;[Oa t -.ice SGUth 0 - O3' -50" I,!est, alen the 1- ast line Gf `�orl;u`;oaa 17.01 _eet • thence lu h S.Q -� 1 rr - C - - 7 -t J, jJ --0 :�;_;st, a_G: i.h IS ou line of 'got 231 i ?; i;°, �' 1"' ,-,r" �-. -- yV -- r a _"1S_nF,'.0 . a .;:5 Suv li`v' tai:, ^ distance of 191.04 re - S , q t P"'� __d - � et to �.:.e cat. as �. corner G_ sa -id �G 3! ; thence Louth 01 _1J t _G, t J?St, a10 ?1` the -=. ?St � i _)- Of nsfn on Farms Subd1 _slop Section r ,390 J ner e con- -nuing alen- the East line Of said SubaLv S' oil SOU 17 ^�J eet, !pence ,SGut!`1 Oj - 531 -23'1 ".as- 217• i� ; thence SGUIih Ov -071 -L711 IeSt, _3-05 ee` ' ^e South 3J _1_t_1 711 mss- 20 0 JC fee tl e21' e S U, 3L II� CPt t en1ne JG rl '�( t 1! - - / _ - - -i ..he -ce Swum 00 - 0?t_�n,r _ �c -J- ^<! Jh r = J f ee !G'' o� .e eta.- y - -' -7e of he SoULheaS t tie _On -3 -'h nCe Sou h 30 nrr n u ',A -vt .. ... ._ !lr �L hence 1•.G'_ .`1 �v -n/` I ,/lit - - 0 7 rJ�t • -f enc e c:� _ ^u the o in- .;f be, _' i. =n`, c .3 -n ta=ngy_ J c Sub �`ct to ieE l h =Mho., -ys . La m li i bi uj uj to Ij N ' E Of T H E E V4 SEC. 3 7- L 114, 1 Ci 4, CID cr Li SE KzRw ROA D T o K 3 -1?- 3 E ( ammtart stport (in toe (dnmman fdonurd of t4r (tug of $uut1� pnd: Your Committee of the Whole to whom was referred A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CER- TAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This Bill be recommended to the Council favorable, as amended: by adding a new Petition and annexation agreement Frank Horvath Chairman FREE PRESS PUBLISHING CO.