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HomeMy WebLinkAboutAnnexation certain land in german township - Walmart portage annexation ORDINANCE No. 8as6~ Passed by the Common Council of the City of South Bend, Indiana, January 12. 19 98 Attest: Attest: c~~~ Presented by me to the Mayor of the City of South Bend, Indiana January City Clerk President of Common Council 13, j9 98 City Clerk Approved and signed by me January 13, j9 98 ~ ~~' -~~y " Mayor SUBSTITUTE BILL # 123-97 ORDINANCE NO. ,~~U~" / U 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: (WAL-MART PORTAGE ANNEXATION) STATEMENT OF PURPOSE A petition for voluntary annexation of 12.2 acres located in German Township, St. Joseph County, Indiana, has been filed by the owners of 100 percent of the total assessed value of the 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. 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: Part of the Southwest Quarter (1/4) of Section Twenty-two (22), Township thirty-eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at a stone at the Northwest (NW) corner of said quarter (1/4) section said point also being the Northwest (NW) corner of Lot 1 Kizer's Portage Road Minor Subdivision (St. Joseph County Doc. No. 9431022); thence South along the West line of said quarter (1/4) section and along the West line of said Lot 1 a distance of 135 feet to the South west corner of said Lot 1 for the beginning point of this description; thence North 89 degrees 53 minutes 39 seconds East (Westerly recorded) along the Southerly line of said Lot 1 a distance of 1006.88 feet to a one-half (%Z) inch reinforcing rod with cap (SO 318 Indiana 20710-22436); thence continuing North 89 degrees 53 minutes 39 seconds East to the Easterly right-of-way line of Portage Road; thence Southerly along the Easterly right-of-way line of said Portage Road to the West line of the East half ('/) of the Southwest Quarter (1/4) of Section Twenty-Two (22) Township Thirty-Eight (38) North, Range Two (2) East; thence Southerly along said line, and also being the Corporation Line of the City of South Bend, to the centerline of Portage Road; thence in a Northerly direction along said centerline, and also being the Corporation Line of the City of South Bend, to a point where the Northerly line of the South Bend Corporation Line intersects with said centerline; thence South 89 degrees 53 minutes 26 seconds West along said Corporation Line a distance of 1183.94 feet to a one-half ('/2) inch iron stake and the West line of aforementioned quarter (1/4) section a distance of 448.72 feet (450 feet recorded) to the place of beginning, containing 12.2 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby 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 First 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, South Bend Common Council 1 sr READING l ' ,~ PUBLIC HEARING /- /~ - 9 3rd READING ~- ~ ~ ,- ~f NOT APPROVED REFERRED / ~j PASSED /'~~- ~1S A~ SU~Tf~~~ .+ ~ ~ 1~• COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred BILL NO. 123-97 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: WAL-MART PORTAGE Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted John Broden - Chairman PETITION FOR VOLUNTARY ANNEXATION TO: COMMON COUNCIL CITY OF SOUTH BEND, INDIANA Pursuant to Indiana Code 36 - 4 - 3 - 5, the undersigned hereby petition the Common Council of the City of South Bend, Indiana for voluntary annexation to the City of South Bend, Indiana, of a certain parcel of real estate situated in German Township, St. Joseph County, Indiana, and in support of which Petition allege and affirm as follows: 1) They are the owners (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A", which is incorporated herein by this reference as if fully set forth herein (hereinafter "the parcel"). 2) Petitioners desire that the parcel be annexed to the City of South Bend, Indiana by proper ordiance. 3) The parcel is located in German Township, St. Joseph County, Indiana. Said parcel is outside of but contiguous with the City of South Bend, Indiana. 4) The parcel is 13.7 acres in size and currently has the following use(s) on it: Residential - 1 home 5) That this Petition is signed by at least (CHECK ONE): a. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; or X b. the owners of seventy-five percent (75°I°) of the total assessed value of the land for property tax purposes. Wherefore, the undersigned petition that the parcel(s) be annexed to the City of South Bend, Indiana, and that the Petitioners affirms, under the penalties for perjury, that the foregoing statements are true. Address: Key Trust Company of Indiana, National Association, as Trustee of the Unified Credit Trust, Created under the William E. Kizer 1983 Revocable Trust Dated June 2, 1983, Gregory A. Kizer and Kathleen L. Holcomb P.O. Box 6 South Bend, IN 46624 Phone Number: (219) 237-1156 Signed: ,~GL1 !~C:~C1/hL~i1~"f`~ Printed Name: ~~si~n cSrlZc 7 uS ~ ~ ~ ~ ~~~. Address: Filed in Cler4,'s Office DEC - X997 LORE'il'Y1~ B@ND.IN. crnr ct.t:ax6 Gregory A. Kizer 52501 Portage Road South Bend, IN 46628 Phone Number: (219) 237-11/56 Signed: .~~~~ l/l /~~~"~ Printed Name: ~ `` r ~ a ~' y ~~~ ~~ ~ ZL n r Address: Kathleen L. Holcomb 21677 Auten Road South Bend, IN 46628 Phone Number: (19) 237-1156 Signed: ~//` cp-~~i--' Printed Name: ~Q~/ee.N ~. ~7D~C~r'i/ Address: Kathleen L. Holcomb, Attorney-in-Fact for Dorothy I. Kizer 21677 Auten Road South Bend, IN 46628 Phone Number: (219) 237-1156 Signed. Printed Name: ~~/~~~, ~._ ~fcor~,~ Contact Person (Please print): Name: Dean L. Carlson, P.E. Carlson Consulting Engineers 4035 Hadley Drive Memphis, Tennessee 38133 (901) 384-0404 filed in Cler~'v Office DEC - 7.1997 Lo:21=fTAJ. DUDA CITYCLERKR 30. DEt`ID.IN. EXHIBIT A Description for 13.7 acre tract including right-of way Part of the Southwest Quarter (1/4) of Section Twenty-two (22), Township thirty- eight (38) North, Range Two (2) East, German Township, St. Joseph County, Indiana, more particularly described as follows: Commencing at a stone at the Northwest (NW) corner of said quarter (1/4) section said point also being the Northwest (NW) corner of Lot 1 Kizer's Portage Road Minor Subdivision (St. Joseph County Doc. No. 9431022); thence South along the West line of said quarter (1/4) section and along the West line of said Lot 1 a distance of 135 feet to the Southwest corner of said Lot 1 for the beginning point of this description; thence North 89 degrees 53 minutes 39 seconds East (Westerly recorded) along the Southerly line of said Lot 1 a distance of 1006.88 feet to a one-half (1/2) inch reinforcing rod with cap (SO 318 Indiana 20710-22436); thence continuing North 89 degrees 53 minutes 39 seconds East to the Easterly right-of-way line of Portage Road; thence Southerly along the Easterly right-of-way line of said Portage Road to a point where the Northerly line of land conveyed to Kane Properties, L.L.C. (St. Joseph County Doc. No. 9351319) extended to intersect with the Easterly right-of-way line of said Portage Road; thence Westerly along the said extension of the Northerly line of land conveyed to Kane Properties to the Westerly right-of-way line of said Portage Road, said point also lying on the Easterly line of Lot 4A Hurwich Farms Minor Subdivision First Replat (St. Joseph County Doc. No. 9017046}; thence North 14 degrees 27 minutes 3 seconds West (North 14 degrees 51 minutes West recorded) along the Easterly line of said Lot 4A and the Westerly right-of- way of Portage Road a distance of 52.95 feet; thence North 23 degrees 4 minutes 30 seconds West (North 23 degrees 22 minutes 51 seconds West recorded) along the Easterly line of said Lot 4A and along said right-of-way of Portage Road a distance of 318.13 feet to the West line of the East half (1/2) of the Southwest Quarter (1/4) of Section twenty-two (22) and along said Westerly right-of-way of Portage Road to a point where the Northerly line of the South Bend Corporation Line intersects with the Westerly right-of-way of said Portage Road; thence South 89 degrees 53 minutes 26 seconds West along said Corporation Line a distance of 1183.94 feet to a one-half (1/2) inch iron stake and the West line of aforementioned quarter (1/4) section a distance of 448.72 feet (450 feet recorded) to the place of beginning, containing 13.7 acres, more or less. kited in C1er4c'~ Office DEC - ~ 1997 LORE77w J. DUDdt CRY CLERKF SO. E3EPtD, IPA.