HomeMy WebLinkAboutAnnexing Certain Land - 504 Laurel WoodsORDINANCE No. 6130 -77
Passed by the Common Council of the City of South Bend, Indiana
28 — 77
Presented by me to the Mayor of the City of South Bend,
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'4"' n°
IRENE K. GAMMON
Clerk
of Common Council
IRENE K. GAMMON
Approved and signed by me %q ".C. 'A 9, 1922
Clerk
Laurel Woods
ORDINANCE NO. (, (30-7 -)
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
Section 1: That the following described property in St. Joseph County,
State of Indiana, being contiguous to the present City Limits, is
hereby annexed to and brought within the City of South Bend, Indiana:
A tract or parcel of land in Section 23 and the South
112 of Section 14, both sections being in Township 38
North, Range 2 East, described as follows: Beginning
at the Northwest corner of the Southeast Quarter of
said Section 14;
thence, running East a distance of 1716 feet,
thence, running South 964.60 feet to land previously deeded to
Sarah Mark;
thence, running West 1726 feet to a point 10 feet West of the
North -South center line of said Section 14;
thence, due South along a line 10 feet West of and parallel to
the North -South centerline of said Section 14, to a point
in the South line of said Section 14;
thence, to a point in the North line of Section 23, which point
is 10 feet West of the North -South centerline of said
Section 23;
thence, due South along a line 10 feet West of and parallel to
the North -South centerline of said Section 23, to a point
of intersection with the South right -of -way line of
Darden Road;
thence, due West along the South right -of -way line of Darden Road
a distance of 10 feet to a point 20 feet West of the
North -South center line of said Section 23;
thence, due North along a line 20 feet West of and parallel to the
North -South centerline of said Section 23 to a point of
intersection with the North line of said Section 23;
thence, to a point 20 feet West of the North -South centerline of
Section 14, which point is also in the South line of said
Section 14;
thence, due North along a line 20 feet West of and parallel to the
North -South centerline of Section 14 to a point of inter-
section with the East -West centerline of said Section 14;
thence, due East 20 feet to the point of bep�innin� containinLy
Thomas J. Brunner, Jr.
City Attorney
Robert M. Parker
Chief Deputy
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CITY of SOUTH BEND
PETER J. NEMETH, Mayor LU z
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COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
4DION
February 9, 1977
219/284 -9241
South Bend Common Council
4th floor Council Chambers
County -City Building
227 W. Jefferson Blvd.
South Bend, Indiana 46601
Re: Voluntary Annexation - Laurel Road Property
To the Members of the Common Council:
The attached ordinance is for the voluntary annexation of the tract
of land comprising approximately 37.6 acres in Clay Township. Sub-
mitted with the ordinance is the petition for voluntary annexation
signed by holders of legal title of the involved property, an engineer-
ing study showing the cost - benefit analysis of the annexation and the
manner of supplying services, and a map showing the tract to be
annexed.
The rectangular tract of land is generally described as comprising
38 acres. The actual acreage is approximately 37.6 due to the fact
that the property is subject to the legal highway which is Auten Road
on the north side of the tract.
The owners of the large rectangular tract are six individuals who hold
title to the westerly one -third and the Woldhaven Homes Trust which is
selling the remaining land on land- contract to Laurel Woods Development
Corporation. All interested parties have signed the voluntary petition
to annex. Thus the petition in fact represents 100% of the owners of
the large rectangular tract of land.
The engineering study which is attached shows the proposed development
of the tract, proposed assessed valuation and anticipated revenues
based upon the present city tax rate and the per capita refund to be
received from the State of Indiana. Total annual anticipated revenue
is $91,549•
The manner of furnishing Alice, fire, street and traffic, street
lighting, sanitary service, water service and sewer service by the
city to the tract is also reviewed. The existing police and fire
service is adequate to service this area. The developers will install
their own sanitary sewers and water lines by connecting to the exist-
ing water and sewer facilities in River Commons. These facilities
are being acquired by the city. There will be approximately one mile
of streets constructed in the area. These streets will be constructed
according to city standards and will then be maintained by the city.
Thus the only cost attributable to the city through this annexation
is the annual cost of one mile of street maintenance.
The connecting strip of land along Laurel Road lies in the westerly-
most ten feet of the right -of -way. Agreement with the county is that
maintenance of Laurel Road will continue to be the responsibility of
the county.
Sincerely,
de','A(6
. arker
Chief Deputy City Attorney
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Attachments
Thomas J. Brunner, Jr.
City Attorney
Robert M. Parker
Chief Deputy
CITY of SOUTH BEND
PETER J. NEMETH, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
South Bend Common Council
4th floor Council Chambers
County -City Building
227 W. Jefferson Blvd.
South Bend, Indiana 46601
February 9, 1977
Re: Clay Utilities Acquisition
To the Members of the Common Council:
I L"puT /0*
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/NDIMAN
219/284 -9241
The Clay Utilities acquisition was discussed at council caucus
February 7 and a packet containing all pertinent data and documents
wad delivered. We are now submitting the following ordinances,
resolutions and notices for Council action on February 14:
1) Council Resolution approving 5th amendment to Clay Utilities
contract with 5th amendment attached,
2) Form of Ordinance approving lease of Water Works facilities of
Clay Utilities with Water Works lease attached,
3) Form.of Ordinance approving lease of. Sewage facilities of Clay
Util'ities with Sewage lease attached,
4) Council Resolution tentatively agreeing to the terms and conditions
of the leases and setting public hearing for March 14, 1977,
5) Notice of hearing on Water Works lease,
6) Notice of hearing on Sewage lease,
7) Form of Ordinance appropriating funds for acquisition of Aqua Well
facilities from Clay Utilities, Inc.
Also submitted is a revised time table which is changed only to the
extent of submission of the proposed 5th amendment to the Clay Utilities
contract to the February 14 meeting. This amendment can be approved
by Resolution of the - Council. The effect of this amendment is four -
fold:
1) Provide for continuation of good faith negotiations for acquisition
of lease - purchase agreement for Clay water works and sewage
facilities,
2) Provide for the acquisition of wells and land formerly owned by
Aqua, Inc. and now owned by Clay Utilities for $9.2,985, this
being an acquisition separate from the Clay Utilities lease -
purchase agreements,
3) Release of the Clay Utilities water franchise and sewer certification
area in Clay, German, Center and Penn Townships to the City of
South Bend and transfer of this certification area and franchise.
This is being transferred conditional upon acceptance of the lease -
purchase agreements,
4) Release from the water service and sewer service areas. the tract
of land proposed as a voluntary annexation adjacent to Laurel Road.
This release is irrespective of the approval of the lease - purchase
agreements.
The extensive materials supplied to the Council show that the acqusition
of the Aqua facilities is in the amount of appraised value of the
facilities as the same were appraised by Murphy Consultants, Inc.,
independent engineering firm retained by the City for the purpose of
making the appraisals. This purchase is in the amount of $92,985.
The proposed lease - purchase agreement for the sewage and water facilities
of Clay Utilities provides for a total payment of $2,100,000 over a
35 year period. Some annual payments would be $30,222 for the water
and $50,565 for the sewer lease purchase. This lease purchase is
$80,6:62 less than the appraised value and annual tariff revenues from
the Clay water and sewage facilities are equal to the annual -lease
rental payment.-
This 'entire acquisition is proposed under the provisions of 1975
statutes, I.C. 19 -3 -11.5, providing for acquisition by a city of water
works facilities, and I.C. 19 -2 -5.5 providing for acquisitiorr of sewer
facilities. The procedures are provided in the time table submitted
and the terms of the lease agreements conform to the statutory require-
ments and have all been tentatively approved as to form b$- bond counsel
in Indianapolis.
Sincerely
dr ,
t M. Parker -
Chief Deputy City Attorney
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