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HomeMy WebLinkAboutAnnexation certain land in CentreTownship contiguous therewith and at the same time rescinding Ordinance No. 9111-00ORDINANCE No. 9185-01 Passed by the Common Council of the City of Soutlz Bend, Indiana January 8, Attest: Attest: 20 01 Presented by me to the Mayor of the City of Soutlt Bend, Indiana Q, 20 ~_ City Clerk President of Common Council City Clerk Approved and signed by me January 9, 20 Oi ~' -~itf ~L.~.c. ~~ e Mayer ORDINANCE NO. I I U~ ~ I 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 AND AT THE SAME TIME RESCINDING ORDINANCE No. 9111-00 Petition o£ ~lvia R. Houser Revocable Trust, Royal Oak Estates by D&H Home Builders, Inc. and Community Baptist Church STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 104.69 acres located in Centre 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 while, at the same time, correcting inconsistencies in the legal description of Annexation Ordinance 9111-00 approved and adopted by the Common Council of the City of South Bend, Indiana on June 12`", 2000. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SGUTH BEND, INDIANA AS FOLLOWS: SECTION I. Ordinance 9111-00 approved and adopted by the Common Council of the City of South Bend, Indiana on June 12`", 2000 is hereby rescinded and declared to be of no force and effect. SECTION II. 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: A parcel of land being a part of the Northeast Quarter and a part of the Southeast Fractional Quarter of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northeast corner of said Southeast Fractional Quarter; thence North 89°50'52" West a distance of 298.37 feet along the North line of said Fractional Quarter and the South line of the plat of Hermitage South Estates, Section One, Part One, as the same is recorded in the office of the Recorder of St. Joseph County, Indiana as instrument number 9121918, (being also the centerline of Johnson Road), to the place of beginning for this description; thence North 89°50' S2" West, along said North line of said Fractional Quarter and said South line of the plat of Hermitage South Estates, a distance of 263.08 feet to the Southwest corner of said plat of Section One, Part One; thence North 00° 16' 13" West, along the West line of said plat of Hermitage South Estates, Section One, Part One, a distance of 40.00 feet to the North right-of--way line of Johnson Road and the Southwest corner of Lot 6 in said subdivision; thence North 89°50'52" West, along said North right-of--way line and parallel with said North line of the Southeast Fractional Quarter, a distance of 1953.29 feet; thence South 0°11'27" West, a distance of 285.12 feet; thence North 89°48'33" West, a distance of 177.00 feet; thence South 0°11'27" West, a distance of 1600.83 feet; thence South 86°41'40" East, a distance of 2021.14 feet more or less to the Southwest corner of a tract of land conveyed to Terry A. And Mary Beth Wiseman by Deed recorded as instrument number 9845973 in said Recorder's office; thence Northerly along the West line of said Wiseman tract and parallel with the East line of said Southeast Fractional Quarter, a distance of 327.74 feet to the Northwest coiner of said `JViseirian tract; thence East, along the North line of said Wiseman tract, a distance of 414.58 feet more or less to the West line of a tract of land described in annexation ordinance #5011-68 as the same is recorded in Miscellaneous Record Book 282, Page 189 in said Recorder's office; thence North along said West line, and parallel with said East line of said Southeast Fractional Quarter, a distance of 991.92 feet, more or less to a point on the South line of Lot 4 in the plat of Morris Subdivision, the same being recorded in plat Book 23, Page M in said Recorder's office; thence North 88°49' S3" West, along said South line of Lot 4, a distance of 48.37 feet to the Southeast corner of Lot 1 in the plat of Morris-Houser Minor Subdivision, the same being recorded as instrument number 8617432 in said Recorder's office; thence North~O°21'07" East, along the East line of said Lot 1 and its Northerly projection, a distance of 656.44 feet to the place of beginning. SECTION III.. 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 IV. That the above described real estate shall be and hereby is assigned to the 5`h Councilmanic District of the City of South Bend, Indiana SECTION V. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. MEMBER OF THE COMMON C IL 1 st READING ~ ~ ' ~ J ~~ \~S~ti1~,n~c~ PUBLIC HEARING\~ \3-fla QS S`'` 3rd READING ~ - ~-©~ QS' Su,1o55c-~,-~-w~~ NOT APPROVED REf ERRED ~ ~~ PASSED ~`-g'-Q\ Q 1 S c~~oS ~ ° i;iied in ~i~rlt'~ ~ffi~~ ®C~ ~J ~QQ~ LOR'~T'lr1J. DvD"+ CITY CLEFT°.:. £0. ~mt'D. t'1, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 94-00 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 AND AT THE SAME TIME RESCINDING ORDINANCE NO. 9111-00, PETITION OF SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH 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 ExHIBTT `A' LEGAL DESCRIPTION' A parcel of land being a part of the Northeast Quarter and a part of the Southeast Fractional Quarter of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northeast corner of said Southeast Fractional Quarter; thence North 89°50'52" West a distance of 298.37 feet along the North line of said Fractional Quarter and the South line of the plat of Hermitage South Estates, Section One, Part One, as the same is recorded in the office of the Recorder of St. Joseph County, Indiana as instrument number 9121918, (being also the centerline of Johnson Road), to the place of beginning for this description; thence North 89°50'52" West, along said North line of said Fractional Quarter and said South line of the plat of Hermitage South Estates, a distance of 263.08 feet to the Southwest corner of said plat of Section One, Part One; thence North 00° 16' 13" West, along the West line of said plat of Hermitage South Estates, Section One, Part One, a distance of 40.00 feet to the North right-of--way line of Johnson Road and the Southwest corner of Lot 6 in said subdivision; thence North 89°50'52" West, along said North right-of--way line and parallel with said North line of the Southeast Fractional Quarter, a distance of 1953.29 feet; thence South 0°11'27" West, a distance of 285.12 feet; thence North 89°48'33" West, a distance of 117.00 feet; thence South 4°11'27" West, a distance of 1600.83 feet; thence South 86°41'40" East, a distance of 2021.14 feet more or less to the Southwest corner of a tract of land conveyed to Terry A. And Mary Beth Wiseman by Deed recorded as instrument number 9845973 in said Recorder's office; thence Northerly along the West line of said Wiseman tract and parallel with the East line of said Southeast Fractional Quarter, a distance of 327.74 feet to the Northwest corner of said Wiseman tract; thence East, along the North line of said Wiseman tract, a distance of 414.58 feet more or less to the West line of a tract of land described in annexation ordinance #5011-68 as the same is recorded in Miscellaneous Record Book 282, Page 189 in said Recorder's office; thence North along said West line, and parallel with said East line of said Southeast Fractional Quarter, a distance of 991.92 feet, more or less to a point on the South line of Lot 4 in the plat of Moms Subdivision, the same being recorded in plat Book 23, Page M in said Recorder's off ce; thence North 88°49'53" West, along said South line of Lot 4, a distance of 48.37 feet to the Southeast corner of Lot 1 in the plat ofMorris-Houser Minor Subdivision, the same being recorded as instrument number 8617432 in said Recorder's office; thence North 0°21'07" East, along the East line of said Lot 1 and its Northerly projection, a distance of 656.44 feet to the place of beginning. ~~~ ~ '~} ~Q(1~ ~of~~ts,.1. a~~~: CITY Ci.i;i1:;, :~ 0.1r~~ x?, tit. 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 Centre Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (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. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; OR ._._ b. 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: 19200 Johnson Road 5715 Miami Highway South Bend, In. 46614 South Bend, In 46614 Vacant property lying West of and adjacent to the above street addresses. 5) That the name and address of the contingent purchaser(s), if applicable, is/are: Garden Place LLC E. Leroy Yoder, Member 17874 State Road #23 South Bend, In. 46635 6) The parcel is 104.69 acres in size and currently has the following use(s) on it: One (1) Single Family Homesite Two (2) proposed Single Family Subdivisions One (I) Church 7) That the parcel will be used for the following use(s): Development and construction of 173 +/- single family homesites The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~ ~ ' ~~'~'~'~ Sylvia R. Houser, Trustee Sylvia R. Houser Revocable Trust 19200 Johnson Road South Bend. In. 46614 Phone Number:~219) 291-776? Signed: Dean A. Dolph, sident D&H Home builders, Inc. 228 Cedar Ct. Plymouth. In. 46563 Phone Number:~219) 935-9296 Signed: Leslie L. Heiser, Trustee Community Baptist Church 5715 Miami Hi hwaX South Bend. In, 46614 Phone Number:.~219) 291-1884 Name, Address & Phone Number of Contact Person/Preparer (Please print): J. Bernard Feeney Lang, Feeney & Associates, Inc. 715 S. Michigan St. South Bend, In. 46601 (219) 233-1841 w ~ ,.. ~=~r~~ ~Ir ~~~5'~i ~ G~a~~; 0~`t ~ i~ 2Q(~(~ ANNEXATION I I~ -- ~~- SITS PLAN ~ PART OF THE EAST HALF OF THE FRACTIONAL SECTION 36, ° TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, r - ~ - -I- r S UTHIAN SECTIONri T ~ ~ ~ ~ r T - ~ I HAY HISTORIC HCMESffE ~ - HERMITAGE SCUiH ESTATES - I , ST. JOSEPH COUNTY, INDIANA. I 14 1 13 I 12 11 110 g~ 6 1 T 16 1 6 1 0 1 4 3 1 2 1 1 1 1 I T- SF~CIION 11, PARJ 1~ I I I I I I I I N89'5o'52"W ~ 195319, I I 2 1 3 I a 15 1 s l 1 1 I__~~_~_1-JJ I -----------~----~-- JOHNSON ROAD _~"."" <„ ~ ------- -I------N00~ g„E 3.0 ?- I w ~ 1- -~ GARDEN PLACE ~ J1- ~ ~ -30 B 32 z 29 --~~t_-2--I ~--~ _9_ z -3. J 40 ~ 33 ° 28 10 ° 4 I I 34 ~~I 21 __ --~ ~-- 11- ~ ~ 6 ~ I (- ~ 1- ~ ~ ~ -26 - - ~ / 6 11 39 138) 371 ~ ~ 25 ~ TEALWGGQ LANE ~ I ~1-1-i-1~~ 23~~ // 13 114 II15 I1fi 1 17 1 18 1 19 I20iI21 1` 22 ~\ ~\ 48.; N88'48'55 ROYAL OAK ESTATES 1ytl.S/ (SOUTHEAST CORNER, pOB ~ I NORTHEAST QUARTER, I I SECTION 36, TWP. 37 1 1I NORTH, RANGE 2 FAST. `r ----1 I WI ° 2 I ur I w o m ^OI ~ -- NI ~ I oI ~ 3 I ~ ZLs ---I s 4 I I I ~ ~I ~~ I. I ~ I aW I ~Q ~ .~ o I Z I U ~ I ~ COMMUNITY BAPTIST CHURCH ~' ZY ? °o I om 00 ~ II ' O ~ r 7 ZU I I I a~ l OCR ~'t ZQQ~ I EAST 414.58 f --~ I CITYCi01?;;,WO.G~i~J,i;l. _ ...~. > I I Prenmed hvr TERRY A. & MARY BETH WISEMAN DEED RECDRD INSTR. N0. 9845913 0' 300' 600' 900'