HomeMy WebLinkAboutAnnexing E of Ironwood Rd, N of Ireland and S of Inwood RdORDINAN CE N®. 6298 -78
Passed by the Common Council of the City of South Bend,
January 12, r^ 78
City Clerk
IRENE K. GAMMON
(�r � /,/'
V
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
January 13,
of Common Council
19_18
8
IRENE K. GAMMON
Clerk
ORDINANCE NO. 6298 -78
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA,
CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
A petition and agreement for voluntary annexation of approximately
75.10 acres located in Penn Township, St. Joseph County, Indiana,
has been filed by the owner of 100% of the territory to be annexed
and an agreement for the terms of annexation has been entered into
by the owner and developer of the territory. The developer proposes
to construct a garden apartment complex in said territory and desires
to avail itself of water, storm water disposal and sanitary sewer ser-
vices of the City. The agreement for annexation entered into by the
City acting through its Board of Public Works provides for the fur-
nishing of water, storm water disposal, sanitary sewer, police pro-
tection and fire protection. It is the intent and purpose of this
ordinance to annex the territory to the City and to incorporate in
such ordinance the petition for voluntary annexation and agreement
for annexation, said contracts providing for the furnishing of such
services.
BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana:
SECTION I. That the petition for voluntary annexation and
agreement for annexation executed by and between the City of South
Bend and Indiana Franklin Realty, Inc., an Indiana corporation, owner
of the territory and Edward Rose of Indiana, an Indiana limited
partnership and a developer of the territory, is incorporated herein,
made a part hereof:
Part of the NW 1/4 of Sec. 29, T37N, R3E, more particularly
described as follows: Beginning at the NE Corner of said
quarter Section; thence S00010103" E along the East line of
said quarter Section a distance of 1326.02 feet to the North
line of Sunnyslope 3rd Subdivision; thence S89039'40" W along
the North line of said Subdivision a distance of 992.58 feet
to the NW corner of said Subdivision; thence S00014109" E a
distance of 1321.20 feet to the South line of the NW 1/4 of
Sec. 29, as aforesaid; thence N90000100" W along said South
line a distance of 664.66 feet to a point; thence N00000100" E
a distance of 1318.21 feet to a point; thence S89038!22" W a
distance of 810' more or less to the existing boundary of the
City of South Bend; thence N00000100" E along said boundary of
the City of South Bend a distance of 217.14' to a point
1097.21' S of the NW Corner of said Sec. 29; thence N89034109 11E
a distance of 810 feet to a point; thence N00000100" E parallel
to and 990.00feet East of West line of said Sec. 29, a
distance of 1099.86 feet to the North line of said Sec. 29;
thence N89024157" E along said North line a distance of
1648.04 feet to the point of beginning. Containing +75.10
acres in Penn Township, St. Joseph County, Indiana.
SECTION II. That the real estate in St. Joseph County, State of
Indiana, being contiguous to the present boundaries of the City of
South Bend is hereby annexed to and brought within the City of South
Bend, which real estate is described in the attached exhibit, in-
corporated herein., made a part hereof:
Part of the NW 1/4 of Sec. 29, T37N, R3E, more particularly
described as follows: Beginning at the NE Corner of said
quarter Section; thence S00010103" E along the East line of
said quarter Section a distance of 1326.02 feet to the North
line of Sunnyslope 3rd Subdivision;
thence S89039'40" W along the North line of said Subdivision
a distance of 992.58 feet to the NW corner of said Subdivision;
thence S00014109" E a distance of 1321.20 feet to the South line
of the NW 1/4 of Sec. 29, as aforesaid; thence N90000'00" W
along said South line a distance of 664.66 feet to a point;
thence 00000'00" E a distance of 1318.21 feet to a point; thence
S89038'22" W a distance of 810' more or less to the existing
boundary of the City of South Bend; thence N00000100" E along
said boundary of.the City of South Bend a distance of 214.14'
to a point 1097.21' S of the NW Corner of said Sec. 29; thence
N89034109" E a distance of 810 feet to a point; thence NOOo00'00"
E parallel to and 990.00 feet East of West line of said Sec. 29,
a distance of 1099.86 feet to the North line of said Sec. 29;
thence N89024157" E along said North line a distance of 1648.04
feet to the point of beginning. Containing +75.10 acres in Penn
Township, St. Joseph County, Indiana.
SECTION III. This Ordinance shall be in full force and effect
from and after its enactment, approval by the Mayor and legal
publication.
l
Memb r o. the Common Council
Passed, as amended, January 12, 1978
Part of the NW 114 of Sec. 29, T37N, R3E, more particularly
described as follows: Beginning at the NE Corner of said
quarter Section; thence S00 110103" E along the East line of
said ouarter Section a distance of 1326.02 feet to the North
line of Sunnyslope 3rd Subdivision; thence S89 °39140" W along
the North line of said Subdivision a distance of 992.58 feet
to the NW corner of said Subdivision; thence S00 °14'09" E a
distance of 1321.20 feet to the Sout }1 line of the NW 1/4 of
Sec. 29, .as aforesaid; thence N90 100100" ?a along said South
line a distance of 664.66 feet to a point; thence N00 100100" E
a distance of 1318.21 feet to a point; thence S89 °38122" W a
distance of 810' more or less to the existing boundary of the
City of South Bend; thence N00 100'00" E along said boundary of
the City of South Bend a distance of 217.14' to a point
1097,21' S of the NW Corner of said Sec. 29; thence N89 °34'09 "E
a distance of 810 feet to a point; thence N00 °00'00" E parallel
to and 990.00 feet East of West line of said Sec. 29, a
distance of 1099.86 feet to the North line of said Sec. 29;
thence N89 °24'57" E along said North line a distance of
1648.04 feet to the point of beginning. Containing +75.10
acres in Penn Township, St. Joseph County, Indiana.
"EXHIBIT A"
t,o Petition and Agreement
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Fart of the NW 1/4 of Sec. 29, T37N, R3E, more particularly
described as follows: Beginning; at the NE Corner of said
quarter Section; thence S00 010'03" E along the East line of
said ,luarter Section a distance of 1326.02 feet to the North
line of Sunn,yslope 3rd Subdivision;/thence S89 °39'40" W along
the North line of said Subdivision a distance of 992.58 feet
to the NW corner of said Subdivision; thence S00 °14'09" E a
distance of 1321.20 feet to the Sou';h line of the NW 1/4 of
Sec. 29, as aforesaid; thence N90 000100" '.a along; said South
line a distance of 664.66 feet to a point; thence N00 °00100" E
a distance of 1318.21 feet to a point; thence S89 038122" W a
distance of 810' more or less to the existing; boundary of the
City of South Bend; thence N00 000100" E along said boundary of
the City of South Bend a distance of 217.14' to a point
1097.21' S of the NW Corner of said Sec. 29; thence N89 034109 "E
a distance of 81.0 feet to a point; thence N00 °00'00" E parallel
to and 990.00 feet East of West line of said Sec. 29, a
distance of 1099.86 feet to the North line of said Sec. 29;
thence N89024'57" E along; said North line a distance of
1648.04 feet to the point of beginning. Containing `75.10
acres in Penn Township, St. Joseph County, Indiana.
"EXHIBIT B"
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
December 14, 1977
Thomas J. Brunner, Jr. 219/284 -9241
City Attorney
Robert M. Parker
Chief Deputy
South Bend Common Council
4th Floor Council Chambers
County -City Building
227 W. Jefferson Blvd.
South Bend, Indiana 46601
Dear Council Members:
The attached ordinance represents a petition for voluntary annex -
ation of approximately 75 acres located in Penn Township east of
Ironwood Road, south of Inwood and north of Ireland. The owner
of 100% of the territory sought to be annexed has signed the
petition and a contract setting forth the terms of the annexation
has been entered into by the Owner, Developer and the City acting
through its Board of Public Works.
The developer proposes to construct a garden apartment complex in
the territory and wishes to avail himself of the City water,
storm water disposal through retention basins and sanitary sewer
service.
Rezoning of the land will be necessary for the type of development
desired and a proposed site plan has been prepared by the developer
which will be submitted along with the rezoning proposal.
In the event that the rezoning is not granted or the site plan is
not approved in substantially the form in which it is presented,
the developer would not be able to develop the land 'and the owner
would be put at a substantial disadvantage by having the property
annexed. Therefore, a resolution has been prepared which provides
in the event of those contingencies for a petition to be filed by
the owner for disannexation of the land. The resolution expresses
the intent of the City that in such event it would have no
objection to a disannexation of the territory.
Sincerely,
Robert P 'ker�G "�
Chief Deput City Attorney
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