HomeMy WebLinkAboutAnnexing and bring within city limits certain land in German township - 4.80 acres- Matteo AnnexationL
ORDINANCE No. es=a-9a
Passed by the Common Council of the City of South Bend, Indiana_
August 24, 19 98
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
August 26,
~ity Clerk
President of Common Council
19 98
City Clerk
Approved and signed by me August 27,
19 98
Mayor
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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH;
(MATTED ANNEXATION)
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 4.80
Ac.+ - acres located in GERMAN Township, St. Joseph County,
Indiana, has been filed by either fifty-one percent (51%) of the owners
of the land in the territory sought to be annexed and zoned, or the
owners of seventy-five percent (75%) of the total assessed value of the
land for property tax purposes. It is the intent and purpose of this
Ordinance to annex this territory to the City of South Bend, Indiana,
and to establish a zoning district for this territory.
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:
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 A POINT ON THE WEST LINE OF SAID SECTION
WHICH IS S. OOa -23'-00" W., 526.76 FT. FROM THE NORTHWEST CORNER OF
SAID SECTION; THENCE N. 74°-55'-42" E., 220.00 FT. MORE OR LESS TO THE
EASTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 20°-22'-43" E.
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 280.00 FT. MORE OR LESS; THENCE
S. 69° -37'-17" W., 80.00 FT. MORE OR LESS TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD WITH THE SOUTHERLY RIGHT-OF-
WAY LINE OF MAPLE ROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
AROUND A 313.06 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 254.00
FT. MORE OR LESS; THENCE S. 89°-45'-13" E., 328.02 FT. MORE OR LESS TO
THE EASTERLY RIGHT-OF-WAY LINE OF SAID PORTAGE ROAD; THENCE S. 20°-22'-
43" E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 130.00 FT. MORE OR LESS;
THENCE N. 89° -45'-13" W., 395.58 FT. MORE OR LESS TO THE WEST LINE OF
SAID SECTION 22; THENCE N. 00°-23'-00" E. ALONG SAID WEST LINE, 536.20
FT. MORE OR LESS TO THE POINT OF BEGINNING.
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.
2
SECTION III. That the above described real estate shall be and hereby
is assigned to the FIR5T Councilmanic District of the City of South
Bend, Indiana.
SECTION IV. This Ordinance shall be in full force and effect 60 days
from and after its enactment by the Common Council, approval by the
Mayor, and legal publication.
~,wC?~.
MEMBER OF THE COMMON COUNCIL
~=il~d in Ci~rk's ®ffi~
1 st READ;i~G ?' ~ ~~ q~
Pu~~~c NEA~iNC ~,~ y- 9 8 ,1 U L 2 ~ 1~9~
3rd P.EADf~~G g, ~L~ -- y'8' !
~;OT APP[tOVED LOSt~Tir~J. ®UUy~
P EFE!' P.ED CiYY CLEAK, `i0. F3fiF.D, t?~.
Pr1S~~D ~j ~~L/~ ~~ a_....__._._......_,._.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
57-98 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; MATTED
ANNEXATION
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably.
John Broden
Chairman
PETITION FOR THE VOLUNTARY ANNEXATION INTO
and THE ZONING OF THE ANNEXED LAND IN 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, and for the zoning of that land in
GERMAN 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, and be granted a designation as herein
requested, both 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 and rezoned is located at:
NORTHWEST CORNER OF MAPLE ROAD & PORTAGE ROAD
SOUTH BEND, INDIANA 46628
TAX KEY NO.'S O4-1046-1006.01 & 04-1046-1005.
5). That the name and address of the property owner(s) of the
petition site is/are:
MEADOW WOOD II LIMITED PARTNERSHIP
FISCHER & FRICHTEL, # 7 THE PINES, SUITE B
ST. LOUIS, MO. 63141
Phone (219) 271-7017.
6). That the name and address of the contingent purchaser(s),
if applicable, is/are:
N/A
7). The parcel is 4.80+j- acres in size and currently has the
following use(s) on it:
Vacant ground.
8). It is desired and requested that the petition site be rezoned
From: "R" Residential (in the unincorporated County)
To: "A" Residential, "A" Height & Area
for the following use: Residential Uses.
2
PETITION FOR THE VOLUNTARY ANNEXATION INTO
and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND INDIANA
(Continued)
9). The following information has been submitted with the
Petition:
a). 1. a legal description of the property, titled as Exhibit "A";
2. a list of the name, addresses and tax key numbers of all
property owners within 300 feet of the petition property;
3. six (6) site plans
4. addressed, stamped envelopes for all property owners within
300 feet of the petition property.
b). By signing this petition, I and any contingent purchaser
understand that if the Council approves this petition to annex
and zone, it may be approved subject to the submittal of a
final site plan. A final site plan must be submitted to and
approved by the Area Plan Commission within one (1) year of
the Council's action. In addition, a building permit must be
issued for the use indicated on the petition within one year
following the approval of the final site plan. Failure to
submit a final site plan or obtain a building permit within
the specified time period, causes the zoning of the petitioned
property to revert to the "A" Residential, "A" Height & Area
zoning classification. Under certain conditions, a time
extension on the submittal of the final site plan may be
requested.
10). The signature(s) of all the property owner(s), or Attorney for all
property owner(s);
Signed:
Address:
CHRIS MATTED- ESIDENT
MEADOW WOOD I LIMITED PARTNERSHIP
FISCHER & FRICHTEL, # 7 THE PINE5, SUITE B
ST. LOUIS, MO. 63141
Phone (219) 271-7017.
Petition prepared by:
Michael J. Danch
Peirce & Associates, Inc.
3231 Sugar Maple Court
South Bend, Indiana 46628 (219) 234-4003.
~~il~~ its Ci~ri~°~ Qf~i~~~
J U L. 1 ~ 1~~~
LORcTTA J. LfilDtq
3
LEGAL DESCRIPTION
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 A POINT ON THE WEST LINE OF SAID SECTION
WHICH TS S. 00° -23'-00" W., 526.76 FT. FROM THE NORTHWEST CORNER OF
SAID SECTION; THENCE N. 74°-55'-42" E., 220.00 FT. MORE OR LESS TO THE
EASTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 20°-22'-43" E.
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 280.00 FT. MORE OR LESS; THENCE
S. 69° -37'-17" W., 80.00 FT. MORE OR LESS TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD WITH THE SOUTHERLY RIGHT-OF-
WAY LINE OF MAPLE ROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
AROUND A 313.06 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 254.00
FT. MORE OR LESS; THENCE S. 89°-45'-13" E., 328.02 FT. MORE OR LESS TO
THE EASTERLY RIGHT-OF-WAY LINE OF SAID PORTAGE ROAD; THENCE S. 20°-22'-
43" E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 130.00 FT. MORE OR LESS;
THENCE N. 89° -45'-13" W., 395.58 FT. MORE OR LESS TO THE WEST LINE OF
SAID SECTION 22; THENCE N. 00°-23'-00" E. ALONG SAID WEST LINE, 536.20
FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 4.80 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
I~e~ itl (~;~~i'~C'S ~~~i~~ f
~~ ~ B
L04icYTR. J. OUi7t+
CIT`P CLERK;, ~. 9iND, ItI.
EXHIBIT "A"
LEGAL DESCRIPTION FOR
TEMPORARY EMERGENCY SECONDARY ACCESS INGRESS & EGRESS
EASEMENT
THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2
EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT WHICH IS S. 00°-13'-40" W., 145.00 FT. AND
N. 90° -00'-00" E., 1942.83 FT. FROM THE NORTH QUARTER POST OF SAID SECTION 21;
THENCE N. 90° -00'-00" E., 50.00 FT.; THENCE N. 00°-13'-40" E., 125.00 FT. TO
THE SOUTH LINE OF BRICK ROAD; THENCE N. 90°-00'-00" E., 50.00 FT.; THENCE S. 00
-13'-40" W., 175.00 FT.; THENCE S. 90° -00'-00" W., 100.00 FT. TO THE EAST
TERMINUS LINE OF FIELD GATE DRIVE; THENCE N. 00°-13'-40" E. ALONG SAID EAST
LINE, 50.00 FT. TO THE POINT OF BEGINNING.
CONTAINING 0.26 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
~il~t~ in Ci~rlc'~ t~f~i~
J U L .1 3 1~°~
C1Ti Y Cl[RY., :~0. ~3 ~lD, t!`!.
EXHIBIT "A"
LEGAL DESCRIPTION
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 A POINT ON THE WEST LINE OF SAID SECTION
WHICH IS S. 00° -23~-00" W., 526.76 FT. FROM THE NORTHWEST CORNER OF
SAID SECTION; THENCE N. 74°-55~-42" E., 220.00 FT. MORE OR LESS TO THE
EASTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 20°-22'-43" E.
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 280.00 FT. MORE OR LESS; THENCE
S. 69° -37'-17" W., 80.00 FT. MORE OR LESS TO THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF PORTAGE ROAD WITH THE SOUTHERLY RIGHT-OF-
WAY LINE OF MAPLE ROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
AROUND A 313.06 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 254.00
FT. MORE OR LESS; THENCE S. 89°-45'-13" E., 328.02 FT. MORE OR LESS TO
THE EASTERLY RIGHT-OF-WAY LINE OF SAID PORTAGE ROAD; THENCE S. 20°-22'-
43" E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 130.00 FT. MORE OR LESS;
THENCE N. 89° -45'-13" W., 395.58 FT. MORE OR LESS TO THE WEST LINE OF
SAID SECTION 22; THENCE N. 00°-23~-00" E. ALONG SAID WEST LINE, 536.20
FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 4.80 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
~~ ~~ ~ ~ie~~~°~ C~~$i~'
~ u ~..1 ,~ t~aa
~o~Grr~ 3. ®u~t.
CRY CLER'r:, wJ. e~'f~, !` i.
- - Filed (n Clerk's Office
J U L 1 3 198
LORETTA J. DUDp
CRYCLERK, S0.6END, Ik
EXHIBIT "B"
ANNEXATION DIAGRAM
FOR MEADOW WOOD II LIMITED PARTNERSHIP
\,r N.W. COR. SEC. 22
X T.38 N., Fi.2 E.
--BRlfiKc-- -~E - - -
O
h
a'
••w~~
v/
3
0!
W
a
.~
r
4~
a
v
i~
a
O
Q
4A\
io Q
n
e
N p~/^.e~~
o ~v~ c
0
N
O
rpOG
,G9~
04-1014 ~?~~
/3.00
o
.O.B. 7q°55' °E' c ~ h v m
' N a 0- ~ orz ~ h o c $ 04- 014 c
~ h a M
~ -1046 mra i~
mN°• BELLKAY DRIVE
z +1 roo~.or ~ a
N a
a,
N N ~ +I
w ° ,~ Q POPO
y O
l7
N ~ ,x~
391.6:
o ~, ,n• /'•
4V •• ~•
E 4
0 a o
O
,,•~•
~R q
~
a ~
o O
-Iola „ .:
O
5. a', P n
9/161 o
M a
v o
h 0
~
°o a pb a°~ n~
N Z 11 ~`~,ryyoos.ol ~ ~ /
loos
N
Scale 1"=200'
~ -/Da3 ~ 3G ~G
W nta ins
J 310. \
34 -ioa ~ 33 ~
H~.31 ia.r ~O ~
300.11
3/ -0999 ~ 32 :~ ~O -
f)e.l6 \
Pe i ice & Associates, inc°
Land Surveyors 6 Professional Engineers
323! Sugar Maple Ct., South Bend,
Indiana 46628 2!9/234-4003
2
va.19
3-~1ea
e61.oa
4 -i2ef
em.11
5-raes
re3.e
G-r~eG
A'
1/
1