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.