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HomeMy WebLinkAboutAnnexing Dickinson Middle SchoolORDINANCE No 6415 -78 Passed by the Common Council of the City of South Bend, Indiana Au -2ust 14, Yq 78 Attest: � City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me ident of Common Council August 15, i9 78 /l � IRENE K. GAMMON Clerk ORDINANCE NO. 6415 -78 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT A petition for voluntary annexation of a tract of land upon which Dickinson Middle School is located has been executed by the owner of 100% of the territory to be annexed. The South Bend Community School Corporation requests this annexation for this territory which is immediately adjacent to the existing boundaries of the city so that city services such as fire and police protection can be made available to the school. It is the intent of this ordinance to annex the territory to the city and to incorporate in such ordinance the petition for voluntary annexation. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That the petition for voluntary annexation of the following described real estate is incorporated herein and made a part hereof. SECTION II. That the real estate in Portage Township St. Joseph County, State of Indiana, described as follows, to wit: Part of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 4, thence South 00000'00" West, 1320.00 feet; thence North 89049103" West, 659.50 feet; thence North 00000'00" East, 1320 feet to the North line of said Section 4; thence South 89049'03" East, 659.18 feet along said North line to the Point of Beginning, containing 20 acres. The forty (40) North feet for the south half of Edison Road Elwood Avenue right -of -way, The thirty (30) East feet for the West half of Woodland Avenue right of way, The forty (40) South feet for the North part of Grove Street right-of-way being contiguous to the present boundaries of the City of South Bend, Indiana, is hereby annexed to and brought within the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and legal publication. McMb�r g/t`he Comoro Counc Passed, as amended, August 14, 1978 PETITION FOR VOLUNTARY ANNEXATION SOUTH BEND MIDDLE SCHOOL BUILDING CORPORATION, an Indiana (corporation, is the owner in fee simple title to that real estate Ilocated in Portage Township, St. Joseph County, Indiana, more particu- larly described as follows, to wit: Part of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township.37 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 4; thence South 00 °00100" West, 1320.00,feet; thence North 89049'03" West, 659.50 feet; thence North 00 000100" East, 1320.00 feet to the North line of said Section 4; thence South 89049,03" East, 659.18 feet along said North line to the Point of Beginning, which real estate is contiguous to the present boundaries of the City of South Bend, Indiana, and does hereby petition the Common Council of the City of South Bend, Indiana, for voluntary annexation of and to bring within the boundaries of the City of South Bend that real estate herein described. This Petition for Voluntary Annexation has been executed and filed pursuant to the request of The South Bend Community School Corporation for the annexation of said real estate to the existing boundaries of the City of South Bend so that city services such as fire and police protection can be made available to Dickinson Middle School. IN WITNESS WHEREOF, the foregoing Petition has been executed the day and year first above written and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. DATED: July 18, 1978 THORNBURG, MCGILL. DEAHL. HARMAN, CAREY& MURRAY SOUTH BEND MIDDLE SCHOOL CORPORATION AND SOUTH BEND COMMUNITY SCHOOL CORPORATION JUL 1819TH Irene Gammon CITY CLERK, SOUTH SEND, IND. Patrick M. McMahon, P.E. Director. Public Works CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601 Members of the Common Council County -City Building South Bend, Indiana Division of Engineering August 3, 1978 Re: An Ordinance annexing to and bringing within the City of South Bend, Indiana, certain land - commonly known as the 20 Acre site of the "Dickinson Middle School ", located on Edison Road - Elwood Avenue. Dear Council Members: 219/284 -9251 The petition for voluntary annexation of 20 Acres of land, 659' x 1320', located on the south side of Edison Road is immediately adjacent to the existing City limits. A sketch map showing the location of this tract is attached for your information. This department sees no problems with this annexation. City sanitary sewers and City water presently serve this site, and due to a very sandy soil which is highly permeable, we anticipate no difficulty in controlling storm water runoff. Fire and Police service can be extended to this school site without any addition of personnel or equipment. Elwood Avenue should be extended to the west line of the school property, and the address should be changed from their present address of 22832 Edison Road to 4404 Elwood Avenue. We recommend that this voluntary annexation ordinance be acted upon favorably provided, however, that the street and highway right -of -way as shown on the attached map are forthcoming.. Respectfully submitted, Patrick M. McMahon, P.E. Director PMMc /mkm Attachment RECOMMENDED LEGAL TO BE USED FOR THE ANNEXATION OF THE "DICKINSON MIDDLE SCHOOL" 20 ACRE SITE Part of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: aaRrri ,all Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 4; thence South 00 °00'00" West, 1320.00 feet; thence North 89 °49'03" West, 659.50 feet; thence North 00 °00'00" East, 1320.00 feet to the North line of said Section 4; thence South 89 049'03" East, 659.18 feet along said North line to the Point of Beginning, containing 20 acres. PARCEL "B" Also part of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, described as follows: Beginning at the Northwest corner of the above described 20 acres; thence due North 20 feet; thence due East along a line 20 feet North of and para- llel to the South line of Section 33, Township 38 North, Range 2 East, a distance of 460.73 feet to a point in the existing City limits; thence due South along the existing City limits a distance of 20 feet to the South line of said Section 33; thence due West along the South line of said Section 33 a distance of 460.73 feet to the point of beginning, being the 20 North feet of the Edison Road right -of -way and containing .21 acres, both parcels being in St. Joseph County, Indiana. nio The dedication of the following right -of -ways was precluded in the favorable recommendation of this proposed annexation. Forty (40) feet off of the entire North end, Thirty (30) feet off of the entire East side, and, Forty (40) feet off of the entire South end of the following described tract of land. To wit: Part of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: Beginning at the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of said Section 4; thence South 00 °00'00" West, 1320.00 feet; thence North 89 °49'03" West, 659.50 feet; thence North 00 000'00" East, 1320.00 feet to the North line of said Section 4; thence South 89 °49'03" East, 659.18 feet along said North line to the Point of Beginning, containing 20 acres. The forty (40) North feet for the south half of Edison Road Elwood Avenue right -of -way, The thirty (30) East feet for the West half of Woodland Avenue right -of -way, The forty (40) South feet for the North part of Grove Street right -of -way. M /,sT %� 1% 0010 #4e Tomnion Tounrd of tot (tty of oont4 vrnb: 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, CERTAIN LAND LOCATED IN PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, as amended: Add street and right -of ways in accordance with City Engineer's recommendation. FRANK HORVATH Chairman FREI PRESS PUBLISHING CO.