HomeMy WebLinkAboutTransferring $361,000 among various Accounts within fund 212 "Community Development" in the Department of CED (2)ORDINANCE No.
9374-02
Passed by the Common Council of the City of Soutli Bend, Indiana
November 25, 20 02
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
December 2
20 02
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me December ~ 20 02
Mayor
ORDINANCE NO. 1 ~~ 1-~~
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 52447 PORTAGE ROAD,
SOUTH BEND, INDIANA 46628)
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation of 3.42 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 THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF
SAID SECTION 22; THENCE N. 00° -00'-00" E. ALONG THE WEST LINE OF SAID
QUARTER SECTION, 292.71 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, 510.00 FEET MORE OR LESS; THENCE
S. 00° -00'-00" W., 292.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE
OF SAID SECTION 22; THENCE S. 89° -57'-O1" W. ALONG SAID QUARTER LINE, 510.00
FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 3.42 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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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 Common Council, approval by the Mayor, and legal publication.
__ _ _ __~
MEMBER OF THE COMM COUNCIL
~ _~ _~~
1 st READING ~L ~ S Stx~ y~l"`` ~~~~~
PUBLIC HEARING~~-~~
3rd READING ll`LS-a~- ~ ~`'~~j~'~'~-`'?
NOT APPROVED
PASSED ~\-'L $-OL ~t5 S~1'~9,~'~?~
~Iled in Clerk's mice
OCT ~C 2 ?.(10~
O ttl;TfA J.~ DUDa
CiYYCILQAt4 ~• ~• ilJ.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
71-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND.IN GERMAN
TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA
HILAL, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted.
Karl King
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION
INTO THE CITY OF SOUTH BEND, INDIANA
I (We) the undersigned, make application to the Common Council of the City of South
Bend, Indiana, for the voluntary annexation of land to the City of South Bend,
Indiana, for land in GERMAN Township, St. Joseph County, Indiana, and in support of
which Petition allege(s) and affirm(s) as follows:
1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of
a parcel of land more particularly described in Exhibit "A".
2) Petitioner(s) desire that the parcel be annexed to the City of South
Bend, Indiana, by proper ordinance.
3) That this Petition is signed by at least (CHECK ONE):
X_ a. one-hundred percent (100$) 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 3.42 acres in size and currently has the following
use(s) on it: Vacant
7) That the parcel will be used for the following use(s):
Residential purposes.
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The signature(s) of all property owner(s), or Attorney for all property owner(s)
Signed: ~ '~`
Signed:
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.
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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 THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF
SAID SECTION 22; THENCE N. 00° -00'-00" E. ALONG THE WEST LINE OF SAID
QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF
"PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 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, 510.00 FEET MORE OR LESS; THENCE
S. 00° -00'-00" W., 292.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE
OF SAID SECTION 22; THENCE S. 89° -57'-Ol" W. ALONG SAID QUARTER LINE, 510.00
FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 3.42 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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Property Owners Within
300 Feet
Frank J. Prusinski
52500 Portage
South Bend, IN. 46628
Tax Key # 04 1051 1293
Virgil J. & Barbara E. Cavinder
52358 Portage
South Bend, IN. 46628
Tax Key # 04 1051 1290
Douglas A. Kazmierczak
52415 Portage 12d.
South Bend, IN. 46628
Tax Key # 04 1046 0973
Rick E. Newman
4404 E. William Richardson Ct.
South Bend, IN. 46628
Tax Key # 25 1013 0216
Teachers Credit Union
P.O. Box 1395
South Bend, IN. 46628
Tax Key # 25 1014 024001
Jo Ann Nucci
52520 Portage
South Bend, IN. 46628
Tax Key # 04 1014 0242
Benjamin F. & Elvira Burns
52444 Portage Rd.
South Bend, IN. 46628
Tax Key # 04 1051 1292
Douglas A. Kazmierczak
52415 Portage Rd
South Bend, IN. 46628
Tax Key # 04 1046 0975
Chazles W. & Marilyn J.
52385 Portage Rd.
South Bend, IN. 46628
Tax Key # 04 1046 0977
Mary Jane Hammer
52400 Portage
South Bend, IN. 46628
Tax Key # 04 1051 1291
Phyllis Jean Reed
52423 Portage
South Bend, IN. 46628
Tax Key # 04 1046 0969
Pletcher Girl Scouts of Singing Sands Council
P.O. Box 4606
South Bend, IN. 46628
Tax Key # 25 1013 022002
Rick E. Newman
4404 William Richazdson Ct.
South Bend, 1N. 46628
Tax Key # 25 1013 021607
Edward Rose of Indiana
P.O. Box 3015
Kalamazoo, MI.49003
Tax Key # 25 1014 024303
Kane Properties LLC
3545 N. Bendix Drive
South Bend, 1N. 46628
Tax Key # 25 1014 024004
Salah M.& Cynthia A. Hilal
52447 Portage Rd.
South Bend, IN. 46628
Tax Key # 04 1014 0221
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ANNEXATION DIAGRAM
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SURVEY ORDERED BY: SALAH HILAL
SURVEY DATED: SEPTEMBER 3, 2002
PROJECT NO.: 020326
REVISED 1.%1/2002
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PART OF THE NORTHWEST QUARTER OF SECTION 22, T. 38 N., R. 2 E.
GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
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PETITION SITE
3.42 ACRESt
P.O.B.
SOUTHWEST COR.
NORTHWEST QUARTER
SEC. 22, T. 38 N.,
R. 2 E.
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East ~ West Quarter LI
Sec. 22, T.38 N., R.2 E.
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OCT o 2 zaoz
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CIYY Cl.ER~, t30. Btl's~, IRI.
arKer dr seac tee, ~
Land Surveyors Professional Engineers
Landscape Architects• Land Planners
Office: (574)234-4003 / (800)594-4003 ^ Fax: (574)234-4119
2422 Yridian Drive, Suite 201 • South Bend, IN 48628
- ~ -
0 200 ~ 400 600
SCALE t' = 200'
1
1
~~ Uanch, F/arner ~ ~1 ssociates, Inc.
MICHAEL J. RANCH, 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: Rezoning 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
September 2, 2002
Our clients are requesting the approval of a Rezoning for their property at 52447
Portage Road, South Bend, Indiana. This rezoning is to allow for a mixed use development
which will include a small shopping area at the southeast corner of the development, a small
office use at the northeast corner of the site and multi-family residential use for the western
portion of the site. Our clients believe that the proposed mixed use development will be
compatible with the other commercial, industrial and residential uses existing along this
portion of Portage Road.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
ichael J. Ranch ~----'
President
Ranch, Harner & Associates
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2422 Vridian Drive, Suite 201 South Bend, 1N 46628 208 West Mars Berrien Springs, MI 49103
office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 616/471-3010 ^ Fax 616/471-7237