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Home My WebLink About9406-03 Annexation - 52447 Portage Road - Salah & Cynthia Hilal IIORDINANCE No. 9406-03 Passed by the Common Cottncil of the City of Soteth Bend, I~tdiana March 24, Attest: Attest: 20 03 Presented by me to the Mayor of the City of Sottth Bend, Indiana March 25, 03 20 City Clerk President of Common Council City Clerk Approved and signed by me March 25, 20 03 ~~-`-- Ma}~r ORDINANCE NO. 1 l O `~: ~~ 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; SALAH & CYNTHIA HILAL II 52447 PORTAGE ROAD, SOUTH BEND, INDIANA 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 3.20 acres located in GERMAN Township, St. Joseph County, Indiana, has been filed by 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 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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION). THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST AND WEST QUARTER LINE OF SAID SECTION 22 THAT IS N. 89°-57'-O1" E., 510.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00° -00'-00" E., 292.27 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOR # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90°-00'-00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 420.68 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE S. 21°-03'-14" E., 312.68 FEET MORE OR LESS TO THE EAST AND WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'- 01" W. ALONG SAID QUARTER LINE, 533.01 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 2 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 apart of the City of South Bend, Indiana. SECTION III. That the above described real estate shall be and hereby is assigned to the 1ST Councilmanic District of the City of South Bend, Indiana. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Co~[¢non Council, approval by the Mayor, and legal publication. ER OF THE COMMON OUNCIL 1st READING ~~2~-O~ PUBLIC HEAPING 3 -\ 0-43 3rd READING 3-Zy_Q3 NOT APPROVED REFERRED Filed [n Cleric's Office J~~~ 2 p 2003 LORIiTTA J. OUDb9 CITY CLfiRf~ s40.8,13~. PASSED 3 -Z~ ~ 03 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 8-03 PUBLIC HEARING ON 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; SALAH & CYNTHIA HILAL II, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA 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 the Coit¢non Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in GERMAN Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (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): X 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 territory 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 is generally located at: 52447 Portage Road South Bend, Indiana 46628 5) That the name and address of the contingent purchaser(s), if applicable, is/are: N/A 6) The parcel is 3.20 acres in size and currently has the following use(s) on it: Single-Family Home 7) That the parcel will be used for the following use(s): Office and Co~rcial purposes. fled 1~ Cl~~'~'~' 0~$Ic~ ~~~~~ ~ ~ X003 LORs^~.TiAJ. tS1JSE.!! C.~ CL6F~, E0. L'~E~,13. 2 The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: Signed: ~12t1o Address: 52447 Portage Road, South Bend, Indiana 46628 Phone Number: (574) 273-4551 Name, Address & Phone Number of Contact Person/Preparer (Please print): Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (574) 234-4003. Fi[e~ i~ Cl~r~~ ~ ®~ft~~ J~~~~ ~ ~ ~00~ Exhibit "A"• ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION). THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST AND WEST QUARTER LINE OF SAID SECTION 22 THAT IS N. 89°-57'-O1" E., 510.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00° -00'-00" E., 292.27 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOR # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90°-00'-00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 420.68 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE S. 21°-03'-14" E., 312.68 FEET MORE OR LESS TO THE EAST AND WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'- 01" W. ALONG SAID QUARTER LINE, 533.01 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~~~8d t~ ~~~5~~°~ O~f~~~ ~~orr~rtn,e. ~i~a~e~d pn ANNEXATION DIAGRAM SURVEY ORDERED BY: SALAH HILAL SURVEY DATED: JANUARY 15, 2003 PROJECT NO.: 020326 PART OF THE NORTHWEST QUARTER OF SECTION 22, T. 38 N., R. 2 E. GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA ac. ~ ~- - ~~` ~ «d N 90' '00' E 510.00' N 9d' BOO' E 420. ~ p 334.96' `~ ' N N N ,~- ~ N p - ~ N o i~:C~ n u. m PRESENT CITY LIMIT W PETITION SRE ~ ~'."~ $ BOUNDARY LJNE~ $ 3.20 ACRESt SOUTHWEST COR. ' """' NORTHWEST QUARTER ~~ & WEST QUARTER LINE SEC. 22, T. 38 N., SEC. 22, T. 38 N.. R. 2 E. R. 2 E. 3 a t 4 2 Q N O O ~lle~ iI ~I~r~~ ~ ~~fg~ ~~~~°~ 2 ~ ~~r~ .,.,: ~ L03:GTTl~ J. i3tl3~, arr~eN dr ~a~c tee, ~ Land Surveyors Professional Engineers Landscape Architects- Land Planners - ~ - 0 2~ i Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4119 2422 Yridian Drive, SuRe 201 • South Bend, IN 46628 1 1 ~-~ Uanch, F/arner & dissociates, Inc. MICHAEL ~. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 RE: Annexation Petition for Salah & Cynthia Hilal for property at 52447 Portage Road, South Bend, Indiana: Dear Council Members: Land Surveyors .Professional Engineers Landscape Architects .Land Planners January 22, 2003 Our clients are requesting the approval of Phase II of their Annexation Petition for their property at 52447 Portage Road, South Bend, Indiana. This Annexation will complete the process of bringing their entire property into the City of South Bend. After the completion of the Annexation procedure, we will then began our process of rezoning the property for amixed-use development consisting of residential, commercial and office uses. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Harner & Associates ~ted lw Cierk'~ ~~f~c~ Jf~t~ 2 1 203 cm-°c•~ '~'' 2422 Vridian Drive, Suite 201 South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 once 616/471-3010 ^ Fax 616/471-7237