HomeMy WebLinkAboutAnnexing - Near South Bend Ave., Edison Rd. & Ivy Rd. (South of and adjacent to Turtle Creek Apt. Complex)ORDINANCE No. 5235 -70
Passed by the Common Council of the City of South Bend,
September 28, 70
— �9
KATHRYXJL.BLOUGH
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
September 29, �9 70
' I
KATHRYN L.
Clerk
Of Common Council
N.
Clerk
TH.......... ......NIN0 CO.
Near South Bend Ave.,
Edison Rd.,& Ivy Rd.
Atty. Jack Dunfee,Jr.
( South of and adjacent
to Turtle Creek Apt.
Complex)
ORDINANCE NO. 5235 -70
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS.
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, is hereby annexed to and brought within
the City of South Bend, Indiana:
A part of the Southwest Quarter of the Southeast
Quarter of Section 31, Township 38 North, Range
3 East of the second principal meridian, St.
Joseph County, Indiana, more particularly described
as follows:
Commencing at a point on the North line of said
Quarter - Quarter Section 450.0 feet East of the
Northwest corner thereof; thence South 000 O1'
38" West 659.36 feet to a point; thence North 89°
54' 40" East, a distance of 165.56 feet to the
point of beginning of this description; thence
South 001 06' 02" East, a distance of 300.0 feet
to a point; thence North 89° 54' 40" East, a
distance of 208.5 feet to a point; thence North
00° 06' 02" West, a distance of 300.0 feet to a
point; thence South 890 54' 40" West, a distance
of 208.5 feet to the point of beginning; containing
1.43 acres, more or less, subject to all legal
highways or rights of way.
Section 2:
This Ordinance shall be in full force and effect from
and after its enactment, approval by the N,Ea�or and legal publication.
1st & 2nd READING 9 -14 -70
COMMITTEE OF THE WHOLE 9 -14 -70
PUBLIC HEARING 9 -14 -70
3rd READING 9 -28 -70
NOT APPROVED
REFERRED
PASSED 9 -28 -70
Ii
member or common council o
of South Bend, Indiana
FILED IN CLERK'S OFFICE
JUN 2 91970
KATHRYN L. BLOUGH
WY CLERK, SOUTH BEND, IND.
y
This is to certify that this is a true,
o", correct and complete copy of the original
ordinance.
N mxt
KathryA L. Slough
City Clerk
ORDINANCE NO. 5235 -70
..-•ar sou a 'c ::c .:v e.
::(I;..-on Rd.,& Zvy rc-.
t.=ty. Jack Dun`_:e,Jr.
(South of and adjacent
to Turtle Creek Apt.
Complex)
90140 M 2W PAGE340
I ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY
)UTH BEND, INDIANA, CERTAIN LANDS.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH.
-.; \D, INDIAN :
Section 1:
=nat the following described prcperty in St. Joseph
County, State of Indiana, is hereby annexed to and brought within
the City of South Bend, Indiana:
A Dart of the Southwest Quarter of the Southeast
Quarter of Section 31, Townshio 38 north, Range
3 East of the second nrincinal meridian, St.
Joseph County, Indiana, more particularly described
as follows:
Co- _- :encin7 at a Doint on the North line of said
Quarter - Quarter Section 450.0 feet East of the
Northwest corner thereof; thence South 00° 01'
30" ?:test 659.36 feet to a point; thence :"forth 890
5 40" East, a distance of 165.56 feet to the
Doint of beginning of this description; thence
South 00° 06` 02" East, a distance of 300.0 feet
to a Doint; thence North 89° 741 40" East, a
distance of 208.5 feet to a point; thence North
000 06' 02" West, a distance of 300.0 feet to a
point; thence South 89° 54' 40" i,iest, a distance
of 208.5 feet to the Doint of be;inni ^.g; containing
1.43 acres, more or less, subject to all legal
highways or rights of way.
Section 2:
c
This Ordinance shall be in full force and effect from
and after its enactment, approval by the dalor and legal publication.
Member of Co^ on Council of the City
of South Bend, .ndia= t— """
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.IUN 2 91970
KATHRYN L. BLOUGH
CtiY CLERK, SOUTH SEND, IND.
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con the (Inutum (90undl of tl[r (94 of 0OW4 Vrnd:
Your Committee of the Whole
September 14, 1970
and
September 28, 1970
to whom was referred AN ORDINANCE ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN
LANDS. (South of and adjacent to Turtle Creek
Apartment Complex, South Bend Avenue, Edison
and Ivy Roads)
Respectfully report that they have examined the matter and that in their opinion the Ordinance be recommended
as favorable to the Council.
Note: On Sept. 14th, 1970 the Ordinance was recommended
to the Council as favorable(but was held over to
the meeting of September 28, 1970 for third reading
and vote for passage)
Chairman �9
9.99 ..... a ,V 9L19NIN4 C..
kCommittre stv"t
go tot tQommon (founcit of thr (Ing of omd4 spub:
Your Committee ANNEXATION COMMITTEE
August 24, 1970
to whom was referred AREA SOUTH OF AND ADJACENT TO THE EXISTING
"TURTLE CREEK APARTMENT COMPLEX"
RespeaMly report that they have examined the matter and that in their opinion The annexation be
accomplished in light of the fact that the intention is to expand
the "TURTLE CREEK APARTMENT PROJECT" -- already a part of the City
and receiving City Water and Sewer Services. Further, the committee
recommends that a Public Hearing be held on this Ordinance on
September 14, 1970.
.n.....ss �-. .......i.. co.
OFFICE of the CITY CLERK
Date - ---July-- 15'-- --------- -- ....... __ ........ ..,19_70.
Mr. LYyd Taylor, City Engineer Mr. Robert O. Laven, Chairman
To ---- Engineering - .Department-- - - --- -- - - -- & Annexation Committee
-- -- ......- °--._.. ------- -- - -- -- ............... --- ---- ---- - - - °---
July 13, 1970
Atthe -----°°••------------------°------------------------------------°---°--°--------- ------------------------ ----- °°
meeting of the Council the following matter was referred to you for appropriate disposal of for
specific action as indicated:
Petition to Annex Property:
Location: Near South Bend Avenue, Edison Road and Ivy
Road (Turtle Creek Area)
Petitioners: Francis O. Smith & Ferne Edree Smith
18517 State Road #23
South Bend, Indiana
Attorney for Petitioners: Jack Dunfee, Jr.
Councilman Zielinski moved, seconded by Councilman Grounds,
that the petition be placed in the Annexation Committee
and simultaneously forwarded to the Engineering Department
for their study and recommendations, which recommendations
are to be redirected to the Annexation Committee for a
report to the Council. Motion carried.
Documents attached:
Copy Petition & Ordinance
City Clerk
KATHRYN L. SLyLOO'UGH
Deputy . -�Jv.
T.. '... .p Eft '.Ru ..... ...
---I - r— 4dF'o.#So" A404A /
NORTH
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R-OT PLAN
PETITION FOR ANNEXATION OF
CERTAIN PROPERTY TO THE CITY OF
SOUTH BEND, INDIANA
TO THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA:
The undersigned hereby respectfully petition your Honorable
Body to annex to and bring within the City of South Bend, Indiana,
the following described property located in St. Joseph County, State
of Indiana, which is contiguous to lands now within the City, to -wit:
A part of the Southwest Quarter of the Southeast
Quarter of Section 31, Township 38 North, Range
3 East of the second principal meridian, St.
Joseph County, Indiana, more particularly described
as follows:
Commencing at a point on the North line of said
Quarter - Quarter Section 450.0 feet East of the
Northwest corner thereof; thence South 000 Oil
38" West 659.36 feet to a point; thence North
890 54' 40" East, a distance of 165.56 feet to
the point of beginning of this description;
thence South 000 06' 02" East, a distance of 300.0
feet to a point; thence North 890 54' 40" East,
a distance of 208.5 feet to a point; thence
North 001 06' 02" West, a distance of 300.0
feet to a point; thence South 89° 54' 40" West,
a distance of 208.5 feet to the point of beginning;
containing 1.43 acres, more or less; subject
to all legal highways or rights of way.
The undersigned constitute the owners in fee simple of
one hundred percent (100%) of said real estate and respectfully
request that said real estate be annexed to the City of South
Bend, Indiana.
The undersigned contend that this annexation is in the
best interests of the City of South Bend, Indiana, and is needed
and can be used by the City for its future development, and that
this annexation is in the best interests of said real estate;
that the area is urban in character, being an economic and social
part of the City of South Bend; that the provisions of the proposed
ordinance attached hereto annexing said real estate are fair and
just; that the City is financially able to provide municipal
services to the annexed area within the reasonably near future,
although such services do not now exist in the annexed area;
C.'IIEFV e: .it. ...
that the area sought to be annexed, being undeveloped, is needed
for the development of the City in the reasonably near future;
that the lines of the annexation are so drawn as to form a compact
area abutting said City on more than one - eighth of the aggregate
external boundaries of the area sought to be annexed; and that
the requested annexation will broaden the tax base of said City
and will do no harm to the surrounding area.
The following documents accompany this petition:
1. An Ordinance annexing the above described real estate
to the City of South Bend, Indiana.
2. A list of all property owners within 300 feet of
the property sought to be annexed, which list is attached hereto,
made a part hereof and marked for identification as Exhibit "A ".
3. A plot plan showing the location of the property
sought to be annexed, which plot plan is attached hereto, made
a part hereof and marked for identification as Exhibit "B ".
WHEREFORE, the undersigned respectfully request that
the Common Council refer this matter to the Area Plan Commission
and that after hearings thereon the appropriate ordinance attached
hereto as Exhibit "B" be enacted annexing the above described real
estate to the City of South Bend, Indiana, and for all other proper
relief in the premises.
Dated this 24#Aday of AJC , 1970.
Respectfully submitted,
Francis 0. Smith and Ferne Edree Smith
By: THORNBURG, McGILL, DEAHL,
HARMAN, CAREY & MURRAY
Attorneys for Petitioners
1st & 2nd READING FILED IN CLERK'S OFFICE
JUN 291970
RT�
NOT APPROVED KATHRYN L. SLOUGH
REFERRED - (•i;Y CLEkK, SOUTH BEND, IND.
RMSED
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