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HomeMy WebLinkAbout9348-03 Annexation - Vacant land adjacent to the North and East side of 24545 Brick Road, along the west side of the 31 Bypass ramp from/to the Cleveland/Brick Road exitORDINANCE No, s3aa-o~ Passed by the Common Council of the Ciry of Soutlt Bend, Indiana September 9, Attest: Attest: ~~ 20 0 2 Presented by me to the Mayor of the Ciry of South Bend, Indiana September 10, 20 02 Ciry Clerk President of Common Council City Clerk Approved and signed by me September 10, 2002 Mryrn ORDINANCE NO. l ~ 1 p 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; Vacant land adjacent to the north and east side of 24545 Brick Road, along the west side of the 31 bypass ramp from/to the ClevelandBrick Road exit. STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 38.01 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: LEGAL DESCRIPTION: A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER"; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast corner of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of anon-tangent curve, being the northerly right-of--way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right-of--way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. Said described tract containing 38.01 acres, more or less. Subject to all easements, and right of way of record. 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. That the above described real estate shall be and hereby is assigned to the 1 sr Councilmanic District of the City of South Bend, Indiana. SECTION IV. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. ~~. 0 MEMBER OF THE COMM COUNCIL 1- Z,z.-ot aS Su~~~'~~ 1 st READING \ PUBLIC HEARING ~-J~Io.OZ Z~.d~ Subs~~~Q' 3 rd READING ~~~Q2, ~~.~, Sv,~f~-~-~t.~'Q, NOT APPROVED REFERRED PASSED ~-~-dZ Z~ S ~I S t ~ -Lt,."~- ~!!ed in Clerk's ~fflce AUG 2 ~ 2002 LOtt~Tl'A J. Wla.Et, CiIY CLfiFii~ 80.6E:A10~ i1~1. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 57-02 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; VACANT LAND ADJACENT TO THE NORTH AND EAST SIDE OF 24545 BRICK ROAD, ALONG THE WEST SIDE OF THE 31 BYPASS RAMP FROM/TO THE CLEVELAND/BRICK ROAD EXIT 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 as substituted by anew legal. Karl King Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common 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): a. Xone-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 properly sought to be annexed is generally located at: Vacant land adjacent to the north and east side of 24545 Brick Road, along the west side of the 31 bypass ramp from/to the ClevelandBrick Road exit. 5) That the name and address of the contingent purchaser(s), if applicable, is/are: 6) The parcel is 38.01 acres in size and currently has the following use(s) on it: agriculture 7) That the parcel will be used for the following use(s): residential, single family subdivision The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~' , Steve Cooreman, President Cooreman Real Estate roup, Inc. Address: 24545 Brick Road, South Bend, IN 46628 Phone Number: 574-277-0116 Prepared by Steve Cooreman, 24545 Brick Road, South $end, IN 46628, 574-277-0116 Filed in Cier~:'s Office AUG 2 ~ 2002 LORETTAJ. DUD~i CRYCLERK, FA. BEFi31~ li'Io ~kl~d,t ~I LEGAL DESCRIPTION: Apart of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER"; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast corner of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 1,00.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of anon-tangent curve, being the northerly right-of--way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right-of--way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. ' Said described tract containing 38.01 acres, more or less. Subject to all easements, and right of way of record. E:~1.AND PROJECT'S R2~ENG PROJECTSVv120710~SUrveyVegalsWNNEXAT10N.doc Filed In Cier~:'~ ®ffiiCe AUG 2 ~ 2002 IORETTA J. DI:DA CITYCLERY~ 80. E3EPISJ,1,1.