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Home My WebLink AboutRezoning - 12.05 Acres, South side of Jackson Rd, East of MiamiORDINANCE No. 4774 -65 Passed by the Common Council of the City of South Bend, Clerk Of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana Approved and signed by July 13- 10 65 Clerk IDEAL PRESS ORDINANCE NO. 4774 -65 Location; •12.05 acres, more or less, fronting on the South side of Jackson Road, East of Miami and adjoining the present city limits on the east and south sides. AN ORDINANCE ANNEXING TO AND BRINGING INITHIN 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 tract of land situated in the Northwest one - quarter of Section 31, T37N, R3E, described as beginning at a point 826 feet West and 40 feet south of the said Northeast corner of the Northwest one - quarter of said Section 31, thence West on a line parallel to and 40 feet South of the North line of said Section 31 for a distance of 1200.93 feet, thence in a Southerly and Easterly direction FILED IN CLERK'S OFFICE JUN 9 191-;`) KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. in a straight line to a point which is 1934 feet West and 495 feet South of the said Northeast corner of the Northwest one - quarter of said Section 31, thence East 1108 feet; thence North 455 feet to the point of beginning, containing an area of 12.05 acres, and which adjoins and is contigious with the present city limits along the entire south and east sides. Section 2• This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. 10 i 2nd READRR; C R1TEE OF THE WHALE PUBLIC HEARING Jr- 3M READING, S� NOT APPROVED REFERRED PASSED 7' ana D APR 151969 Clerk STATE OF INDIANA, ST. JOSEPH COUNTY BOOK 254 PnE292 Aloysius J. SupefiO� �COUrt St. Joseph P IN THE ST. JOSEPH SUPERIOR COURT CLYDE L. LANPHEAR, ET AL ) CAUSE NO. C -7368 VS. ) CITY OF SOUTH BEND, ) 7U =7 a municipal corporation ) JUDGMENT Come now the remonstrators by their attorney, John W. Montgomery, and comes now the City of South Bend by its attorney, Shepard J. Crumpacker, and now this cause is submitted to the Court for trial, finding and decree without the intervention of a jury; and now the Court having heard the evidence and the arguments of counsel herein and being duly advised in the premises makes its finding and enters its judgment as follows: The Court now finds for the respondent, the City of South Bend, Indiana, and finds that said annexation shall take place, and that the respondent, the City of South Bend, Indiana, has by its evidence, demonstrated the presence of the following determinants, and each of them, with relation to the territory to be annexed to said City under Ordinance No. 4774 -65, adopted on the 12th day of July, namely: a. That the annexation is in the best interest of the City of South Bend and of the territory to be annexed as described in Ordinance No. 4774 -65. b. That the area is urban in character being an economic and social part of the City of South Bend. c. That the terms and conditions set forth in said Ordinance are fair and just. d. That the City of South Bend is financially able to .de municipal services to the annexed area within the reasonably TtYture . ;;;;e. That the area sought to be annexed is needed for the Went of the City of South Bend in the reasonably near future. f. That the,'1ine.s.of,the a"exation as described in said Ordinance are soldraw`'as,to :fo..Tm a compact area abutting the City of South Bend..and the Court further finds that the cost of this action should be assIessed against the remonstrators. IT IS, THEREFORE, CONSIDERED, ORDERED,ADJUDGED AND DECREED by the Court that Ordinance No. 4774 -65 of the City of South Bend, Indiana, by the terms of which said city annexed the following described territory, in St.' Joseph County, Ind., to -wit: A tract of land situated in the Northwest one - quarter of Section 31, T37N, Me described as beginning at a point 826 feet o c West and 40 feet south of the said Northeast o a ,� corner of the Northwest one - quarter of said Section 31, thence west on a line parallel to n' C., and 40 feet South of the North line of said ° ^ o �c Section 31 for a distance of 1200.93 feet, thence in a Southerly and Easterly direction ° _`` "w in a straight line to a point which is 1934 t= i° :° ° feet West and 495 feet South of the said `a -' ca c �°, Northeast corner of the Northwest one - quarter 'L Li m°W� of said Section 31, thence East 1108 feet; thence North 455 feet to the point of beginning, containing an area of 12.05 acres, and which adjoins and is contagious with the present city limits along the entire south and east sides. and which said Ordinance is found in Ordinance Book 11, at page 47 of the Ordinance records of said city in the possession of the City Clerk thereof, be, and the same is hereby sustained as against the remonstrance filed thereto by Clyde L. Lanphear, et al. AND IT IS FURTHER ORDERED that the Clerk of this Court, forthwith deliver a certified copy of this judgment to the Clerk of the City of South Bend, who shall record the same in the Ordinance record of said city, and make a cross referenc to the page thereof AIMIONI q0 3TAT2 upon the margin where such original annexation 0i%bl4aitlMaLsIPrecorded. hu00 tohsqu2 edJ to )h910 ,blzwoft" Cplil AND IT IS FURTHIM Q2PNREDJ8tUtyltib6'et �tv b �o�� Lion i' pp evods edt Jodi Ytlbso ydsisri ob ,snafbnl to eirle 3OA9 t§S AJ08 J)e-- a;ssevse aga nst the riaemostlbnatstslgmb�; fiiilui s zt gniogeiot bna IsniBho Sri) toygoo b,00a no zs— sggs Dated this f. `h82&bi &tto C O U errTsz16T6ka zz z 0 ym nt bna qua 1we vsfl 1 ,Joe,eriW IJ nl k,9xiita br, OSEPH SUR6IJWR• LOUR J :.717e10,: 1 8 OrMOAN .1, 2U12YOJA Qz r 0 v V O V NiF5C0 I i I �-i I�f Ii FA/RFAX ESTATES CITY LIMITS CREST PETITION AREA J ! ✓OR I; NORTH J--lsi I R c v 0 c • w- ... • •- M ` Si, JO��PH Q6. � IN o1F #I`�GORQ �+ cc oaPN'1Q bedi7o2sb as ndilsxs � :'p rr� ` FoenA'l_&?d ls6T .l CWnabt�/ nilluds sgis losgmoo s m .01XI 8Eff wsib P s 9onsnlb7o bisa ni laoo sal 15aJ abni3 isaliu3 J7uo0 sd1 b`a's DII 61uo2 30 y110 s6J .violsilenomsi Sal lanlaps RD�y�tl coda nollos air{1 30 Q:" GM)C1UrC1A,(1agaQ30 ua31aQI2➢I0D a310'IMaHT 2I TI 30 yji0 941 l0 OM 5onsnlbi0 lsdl liuoO sill yd 4:3:iADat1 bsxonns ylio bisa doldW 1.0 ami91 s61 yd ,snslbnI ,bnea dluoa liw -ol � .bnI , yJnuoO 6g9aoTi :`: ?l ,nt , yioli'xzel bsd1tEo2sb palwollol 96J laswdJio% gal a.i belSuJla bns! to JozaJ A ,3£Si ,HVET CIE nollog2 10 1937SUp -Sa0 1591 dS8 Jaloq s 1s painniped as bedlioaob JasodlioK 15152 sal to eluon :feel 0t, ban lasW o 0 bl58 to 7sJ- Inup -sno 1u9wAJYOA oa.1 l0 i9ni00 O o3 Isllsz5q gall s no lagla goagal ,IE nol3os2 bisa 10 gall Ailov gal 30 9JO02 Joel Op ban.', ,Joel MOM to sonsJalb s 101 lE aoiJo92 U� c noi3oo-iib yli9leza bns yli9dluo2 5 nl gone" t•Eel al doidw laloq s o3 sail ldplsiJ2 s ni wD o =<=> bise eal 10 dluo2 1993 2eA ban 3894I 1991 iolzsup -eno Jagwdl2oK gal to igaioo laBerilaoif B YO W y N ;lno3 6oll Jaza gonedl ,IE nollos2 bisa 30 Ui,°„m ,rzrinr. Fpg 10 .lnioq grlJ o3 1993 2?2 dJioV, sonsdl rairiw 1jn5 a0zais ao.sl 30 5eis ns priinlslnoo yjio Jngasiq gal dllw auolplJaoo el ban anlotbs .89bia Jaso ban 61uoe O%Ijng sal pnols alimll - rA 9psq 1s ,11 Aooa gonsnibao ni. bauo3 al gonsnib-iO bise dolAw ban oral to noiaasasoq gal ni ylio bise to abioosx 9onsaibz0 sd3 10 1aai5ps as benislaua ydgis6 al omsa 961 bas red logasal AzolD yll0 .is 19 �inodgnsJ .a gbyID yd 019i9a1 b9111 9oasslanomgY 561 ,liuoo emi to Aisio sal Js61 ciagiQHO AsHma 2I Ti ciuA 3o :Belo sril o1 dnemr>but alai to ygoo bellil190 s 70v119b aliwdJ701 �,ansnl` r' oriJ rci srfma odi bidogi Ilsda oaw f)ngEl 61uo2 -10 YJID gal 3oez9;i 3sY 2r'07g r, AnsYt bas %yllo bisa to biooe= STATE OF INDIANA 1 .L ' oos7St. Joseph County ` ' or :c I r . l c riocra 9Y9flw aipism gal rnoqu 1, Aloyslus J. Kromkowskl, Clerk of the Superior Court noi1:WI�In and for'tKo,, County'`of`'St. Joseph: andtiTgU3 21 TI ((�� State of Indiana, do hereby certify that the above BOOK . 254 PACE2�73 1 and foregoing is a fulls true,- compietai and" WrraCti 961 lanisps usae�aas set* ' ,•.• `r. copy of the original fdLJ' fi 9 as the:same appear upo the record of said,eourt, -11 ir13 bs1sQ and in my custody, sue Clerk: In testimony Whereof, i have hereuntp aub� _ , y name and affixed the Seal of sek�ou�! , r'+ +.' i� scribed. m - 6 ,,E atln i':,, thtdst;; day of .�, ALOYSIU . KRO KOWSKI E,GIQ�ICcgp� ` rti., B11