HomeMy WebLinkAboutAnnexation - 20250 Kern Road - Scarborough Development, c/o Douglas Hamiltont
ORDINANCE No. s
Passed by the Common Council of the City of South Bend, Indiana
May 14, 01
20
Attest:
Attest:
t
Ciry Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 15. 20 01
LORETTA J.
Approved and signed by me Mav 16 . 20 ~L-
City Clerk
Mayor
,.
Revised 3/30/01 Z2~ _Q
ORDINANCE NO.
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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH;
(SCARBOROUGH DEVELOPMENT, C/O DOUGLAS HAMILTON)
(20250 KERN ROAD
SOUTH BEND, INDIANA 46614)
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation of 29.05 acres located in
Centre Township, St. Joseph County, Indiana, has been filed by one-
hundred percent (1000 of the owners of the land in the territory
sought to be annexed. It is the intent and purpose of the 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
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH,
AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, ALL IN
RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE
OF SAID SECTION 2, WHICH IS S. Ol°-13'-22" E., 995.88 FT. (REC. 1000.00
FT.) MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 2; THENCE ALONG THE BOUNDARY OF A PARCEL OF GROUND
DESCRIBED BY DOCUMENT NO. 9631733 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE FOR THE NEXT TWO COURSES, N. 89°-59'-
48" E., 925.18 FT. MORE OR LESS AND N. 00°-48'-29" W., 1020.00 FT. TO
THE NORTH LINE OF KERN ROAD; THENCE N. 89°-44'-09" E. ALONG SAID NORTH
LINE, 255.25 FT. MORE OR LESS; THENCE S. 00°-05'-05" E., 1593.99 FT.
MORE OR LESS ALONG THE EAST LINE OF SAID PARCEL DESCRIBED IN DOCUMENT
NO. 9631733 AND THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL FOR
THE NEXT FOUR COURSES, S. 89°-10'-04" W., 18.36 FT. MORE OR LESS AND S.
00° -00'-00" W., 302.18 FT. MORE OR LESS AND S. 89°-48'-11" W., 1131.53
FT. MORE OR LESS AND N. O1°-13'-22" W., 879.39 FT. MORE OR LESS TO THE
POINT OF BEGINNING.
CONTAINING 29.05 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS 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 6th 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.
MEMBER OF THE COMI~~1N COUNCIL
Est READING ~'_~~-01
PUBLIC HEARING ~\-~\-o\ A S S U~'=`~ `~"'~`
'3 rd READING S- ~ `~-0\ cL f I ~l~oS-~-~~r~
NOT APPROVED
REFERRED ~~ ;
PASSED 5-1~-~~ 0..S 5~~~ ~a~
Filed in Clerlt's ~~fiee
.~~~'~ 0 ~ 2001
LORETTA J. DlSDR
CRYCLERlC, S0. F!E-~,1`J.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13-01 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 CENTRE TOWNSHIP CONTIGUOUS
THEREWITH; SCARBOROUGH DEVELOPMENT, C/O DOUGLAS HAMILTON,
20250 KERN 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.
Andrew Udj ak
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION
INTO THE CITY OF SOUTH BEND, INDIANA
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 Centre Township, St. Joseph
County, Indiana, and in support of which Petition allege(s) and
affirm(s) as follows:
1). We are the owner(s) (hereinafter "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. fifty-one percent (51%) of the owners of the land in
the territory sought to be annexed;
OR
b. the owners of seventy-five (75%) of the total
assessed value of the land for property tax
purposes.
4). The property sought to be annexed is located at:
20250 Kern Road
South Bend, Indiana 46614
5). That the name and address of the contingent purchaser(s), if
applicable, is:
N/A
6). The parcel is 29.05+L_ acres in size and currently has the
following use(s) on it: Residential Home.
7). The parcel will be used for the following use(s);
Single-family residential.
8). The signature(s) of all property owner(s), or Attorney for
all property o~ner(s) //
Signed: ~ '
Scarborough velo t - Douglas Hamilton
Address: 20250 Kern Road
South Bend, Indiana 46614
Phone Number: (219) 299-1394
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH,
AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, ALL IN
RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE
OF SAID SECTION 2, WHICH IS S. 01° -13'-22" E., 995.88 FT. (REC. 1000.00
FT.) MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 2; THENCE ALONG THE BOUNDARY OF A PARCEL OF GROUND
DESCRIBED BY DOCUMENT NO. 9631733 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE FOR THE NEXT TWO COURSES, N. 89°-59'-
48" E., 925.18 FT. MORE OR LESS AND N. 00°-48'-29" W., 1020.00 FT. TO
THE NORTH LINE OF KERN ROAD; THENCE N. 89°-44'-09" E. ALONG SAID NORTH
LINE, 255.25 FT. MORE OR LESS; THENCE S. 00°-05'-05" E., 1593.99 FT.
MORE OR LESS ALONG THE EAST LINE OF SAID PARCEL DESCRIBED IN DOCUMENT
NO. 9631733 AND THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL FOR
THE NEXT FOUR COURSES, S. 89°-10'-04" W., 18.36 FT. MORE OR LESS AND S.
00° -00'-00" W., 302.18 FT. MORE OR LESS AND S. 89°-48'-11" W., 1131.53
FT. MORE OR LESS AND N. Ol°-13'-22" W., 879.39 FT. MORE OR LESS TO THE
POINT OF BEGINNING.
CONTAINING 29.05 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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Paul & Rose Totten PROPERTY OWNERS Gregory & Emilia Ettl
61341 U.S. 31 S. WITHIN 300 FEET 61401 U.S. 31 S
South Bend, IN 46614 South Bend, IN 46614
Tax Key # 01 1051 1370 Tax Key # Ol 1002 002801
William & Umbaugh Wagner Mark & Vickie Lambrechts Thomas & Barbara Jemielity
20458 Kern Rd. 20418 Kern Rd. 20408 Kern Rd.
South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614
Tax Key # Ol 1002 002402 Tax Key # O 1 1002 002403 Tax Key 3 Ol 1002 0025
Dale & Judith Murphy Dan & Pauline Olinger Gregory & Susan Jones
20372 Kern Rd. 20354 Kern Rd. 20302 Kern Rd.
South Bend, IN 46614 South Bend, IN 46614 South Bend, In 46614
Tax Key # Ol 1002 0026 Tax Key # O1 1002 002701 Tax Key # Ol 1002 0027
Jeffery & Susan Dierbeck Jeffery & Susan Dierbeck Charles & Debra Nyers
20214 Kern Rd. 20214 Kern Rd. 61203 US 31 South
South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614
Tax Key # Ol 1051 135202 Tax Key # Ol 1051 1352 Tax Key # Ol 1051 1360
Russel Pletcher Trustee Russel Pletcher Trustee ~~~' ~ Lena Neese
61241 US 31 South 61241 US 31 South 61259 US 31 South
South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614
Tax Key # Ol 1051 1362 Tax Key # O1 1051 1364 Tax Key # Ol 1051 1365
Douglas & Laurden Mast Bert Botos Kevin Breen & Rc®ald White
61259 UYS 31 South 61313 US 31 Sout 61281 US 31 South
South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614
Tax Key # Ol 1051 1366 Tax Key # Ol 1051 1368 Tax Key # Ol 1051 1367
Paul & Rose Totten ~ Thakorbhai & Sulochana Patel ~ Hansa patel
61341 US 31 South 3412 S. michigan 3412 S. NTichgan
Tax Key # Ol 1051 1369 South Bend, IN 46614 South Bend, IN 46614
Tax Key # 01 1051002805 Tax Key # Ol 1002 002803
Duane & Virginia 7~eiger Vuguua Zeiger Charlene Pippenger Trustee
61739 US 31 South 61739 US 31 South 20501 W. Kern Rd.
South Bend, IN 46614 South Bend, IN 466614 South Bend, IN 46614
Tax Key # Ol 1002 0022 Tax Key # Ol 1002 0023 Tax Key # Ol 1017 0353
Michael Davis Roberta Mancaunski Gregory Brawn
20349 Kem Rd. 20301 Kern Rd. 20340 W. Glimar
South Bend, IN 46614 South Bend, 46614 South Bend, IN 46614
Tax Key # Ol 1017 0358 Tax Key # Ol 1017 0359 Tax Key # Ol 1017 036601
Michael Ohara
Don & Linda Shiflett Carl & Clara Ebersole 20315 Kem Rd.
20573 Kern Rd. 20401 Kern RD. South Bend, IN 46614
South Bend, IN 46614 South Bend, IN 46614 Tax key # Ol 1017 0360
TaxKev#M 1~17Q'i5RQ1 TaxKev#(11 1n170~57
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ANNEXATION DIAGRAM
SURVEY ORDERED BY: DOUG HAMILTON
SURVEY DATED: JANUARY 25, 2001
PROJECT NO.: 000558
A PART OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST,
AND THE SOUTHEAST QUARTER OF SECTION 35, T. 37 N., R. 2 E., All IN
CENTRE TOWNSHIP, ST. JOSEPH COUNTY. INDUINA
NORTHWEST CORNER OF THE NE 1/4
SECTION 2, T. 36 N., R. 2 E.
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SURVEY<PARCEL
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Land Surveyors -Professional Engineers
Landscape Architects- Land Planners
Office: (219)234-4003 / (800)594-4003 ^ Fax: (219)234-4119
3231 Sugar Maple Court • South Bend, IN 46828
$ 89'10'04" W
18.36't
0 300 600 900
SCALE 1" = 300' i
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2
ANI~IEXATION DIAGRAM
SURVEY ORDERED BY: DOUG HAMILTON
SURVEY DATED: JANUARY 25, 2001
PROJECT NO.: 000558
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH,
AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, ALL IN
RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE
OF SAID SECTION 2, WHICH IS S. Olb -13'-22" E., 995.88 FT. (REC. 1000.00
FT.) MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 2; THENCE ALONG THE BOUNDARY OF A PARCEL OF GROUND
DESCRIBED BY DOCUMENT NO. 9631733 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA RECORDER'S OFFICE FOR THE NEXT TWO COURSES, N. 89°-59'-
48" E., 925.18 FT. MORE OR LESS AND N. 00°-48'-29" W., 1020.00 FT. TO
THE NORTH LINE OF KERN ROAD; THENCE N. 89°-44'-09" E. ALONG SAID NORTH
LINE, 255.25 FT. MORE OR LESS; THENCE S. 00°-05'-05" E., 1593.99 FT.
MORE OR LESS ALONG THE EAST LINE OF SAID PARCEL DESCRIBED IN DOCUMENT
NO. 9631733 AND THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL FOR
THE NEXT FOUR COURSES, S. 89°-10'-04" W., 18.36 FT. MORE OR LESS AND S.
00~ -00'-00" W., 302.18 FT. MORE OR LESS AND S. 89A-48'-11" W., 1131.53
FT. MORE OR LESS AND N. O1°-13'-22" W., 879.39 FT. MORE OR LESS TO THE
POINT OF BEGINNING.
CONTAINING 29.05 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
GENERAL ZONING RESTRICTIONS & SITE DATA•
PROPOSED ZONING - "A" RESIDENTIAL, "A" HEIGHT & AREA
SETBACKS:
1. 25 FT. FRONT YARD SETBACK LINE
2. 25 FT. REAR YARD SETBACK LINE
3. SIDE YARD SETBACK - 10% PARCEL WIDTH MEASURED
AT FRONT YARD SETBACK LINE
4. MAXIMUM BUILDING HEIGHT - 35 FEET OR 2-1/2 STORIES
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5. MAXIMUM BUILDING COVERAGE - 40%
6. MINIMUM FRONTAGE FOR BUILDING PURPOSES - 60 FEET
7. MINIMUM LOT/PARCEL SIZE - 6000 SQ.FT. WITH WATER & SEWER
SITE•
1. PARCEL SIZE - 29.05 ACRES
Kc a~+Ker dr mac tes, -~
Land Surveyors Professional Engineers
Landscape Architects• Land Planners
Offlice: (219)234-4003 / (800)594-4003 • Fax: (219)234-4119
3231 Sugar Maple Court • South Bend, IN 46628
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~~ Uanch, F/arner ~ ~1 ssociates, Inc.
MICHAEL ~. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKtN, P.E., L.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Annexation & Rezoning Petition for
Scarborough Development c/o Douglas Hamilton
at 20250 Kern Road, South Bend, Indiana:
Dear Council Members:
Land Surveyors Professional Engineers
Landscape Architects Land Planners
February 3, 2001
Our client is requesting the Annexation and Rezoning of his property
located at 20250 Kern Road, South Bend, Indiana. The owner proposes to
develop a single-family subdivision 29.05 acre parcel.
Our clients believe the proposed development will fit within this
area of residential developments on the south side of South Bend.
Sincerely,
Michael J. Da
President
Danch, Harner
& Associates, Inc.
File # 000558.1 Lewp Md Disk # 119
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3231 Sugar Maple Court South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
o~~ 219/234-4003 ^ 800/594-4003 ^ F~ 219/234-4119 o~~e 6161471-3010 ^ Fay 6161471-7237