HomeMy WebLinkAboutAnnexation certain land in German township - Warren & Aletha Ashley PetitionORDINANCE No. aas,
Passed by the Common Council of the City of South Bend, Indiana
January 12. 19 98
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
January 13,
City Clerk
President of Common Council
19 98
City Clerk
Approved and signed by me January 13, 19 98
Mayor
ORDINANCE NO. U ~~~~ ~U
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,
CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH;
WARREN & ALETHA ASHLEY PETITION
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STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation of 10.24 +f- acres located in
GERMAN Township, St. Joseph County, Indiana, has been filed by 100.00
percent of the owners 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 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 SOUTHWEST QUARTER OF SECTION 16 AND THE NORTHWEST
QUARTER OF SECTION 21, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING
AT A POINT ON THE NORTH LINE OF SAID SECTION 21 WHICH IS S. 90°-00'-00"
W., 330.51 FT. FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE
N. 00° -00'-29" E., 40.00 FT.TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF BRICK ROAD; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BRICK
ROAD FOR THE NEXT THREE COURSES, S. 90°-00'-00" W., 125.00 FT. AND S.
00° -00'-29" W. 20.00 FT. AND S. 90°-00'-00" W., 205.51 FT.; THENCE S.
00° -04'-34" E. ALONG THE EXISTING SOUTH BEND CORPORATE LIMIT LINE AND
ITS NORTHERLY EXTENSION, 1346.46 FT.; THENCE S. 89°-53'-06" E. ALONG
SAID CORPORATE LIMIT LINE, 328.56 FT.; THENCE N. 00°-00'-29" E.,
1325.80 FT. TO THE POINT OF BEGINNING.
CONTAINING 10.24 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
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, anc~ legal publication.
~-C~
MEMBER OF THE COMMON COUNCIL
;r READING ~~.-~-~ 7
?L'.C HEARING
..;;~ READNG
ivOT APPROVED
REFERRED
PASSED ~-~~.~0 A~ ~m~N~~~~
~=l~~C~ @~ ~~~~~~~a ~~~~~'~
DEC - 3 1997
tC^,~°~i~ J. Ltuu.~
CITY CLGI?Y~ .^st9. E~iP3D. lti.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred
BILL NO.
124-97 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 WARREN & ALETHA ASHLEY PETITION
Respectfully report that they have examined the matter and that in their opinion, this bill
is being sent to the Council favorably, as amended, as follows:
,Y~ction III -insert the word ~~First~~in line two to read
That the above described real estate shall be and hereby assigned to the First
Councilmanic District of the City of South Bend, Indiana.
John Broden
Chairman
.., •t
PETITION FOR VOLUNTARY ANNEXATION
TO: COMMON COUNCIL
CITY OF SOUTH BEND, INDIANA
Pursuant to Indiana Code 36-4-3-5, the undersigned hereby petition(s)
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(s) and affirm(s) as follows:
1). They are the owner(s) (hereinafter "petitioner(s)") of a parcel
of land more particularly described in Exhibit "A" and as shown
in in Exhibit "B", which is incorporated herein by this reference
as if fully set forth herein (hereinafter "the parcel").
2). Petitioner(s) desire that the parcel be annexed to the City of
South Bend, Indiana by proper ordinance.
3). The parcel is located in GERMAN Township, St. Joseph County,
Indiana. Said parcel is outside but contiguous with the City of
South Bend, Indiana.
4). The parcel is 10.24 +f- acres in size and currently has the
following use(s) on it: VACANT LAND.
5). 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.
Wherefore, the undersigned petition that the parcel(s) be annexed
to the City of South Bend, Indiana, and that the Petitioner(s)
affirm(s), under the penalties for perjury, that the foregoing
statements are true.
Signed:
Warren Ashley Aletha Ashley
22687 Brick Roa 22687 Brick Road
South Bend, Indiana 46628 South Bend, Indiana 46628
Phone Number: (219) 272-915?
Contact Person Peirce & Associates, Inc.
3231 Sugar Maple Court
South Bend, Indiana 46628
(219) 234-4003
DEC - 3 1997
Lf3r~E77B~J. t3U~r1
CffY CLE~~~ 30. F~EPiD, Its.
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EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 16 AND THE NORTHWEST
QUARTER OF SECTION 21, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING
AT A POINT ON THE NORTH LINE OF SAID SECTION 21 WHICH IS S. 90°-00'-00"
W., 330.51 FT. FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE
N. 00° -00'-29" E., 40.00 FT.TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF BRICK ROAD; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BRICK
ROAD FOR THE NEXT THREE COURSES, S. 90°-00'-00" W., 125.00 FT. AND S.
00° -00'-29" W. 20.00 FT. AND S. 90°-00'-00" W., 205.51 FT.; THENCE S.
00° -04'-34" E. ALONG THE EXISTING SOUTH BEND CORPORATE LIMIT LINE AND
ITS NORTHERLY EXTENSION, 1346.46 FT.; THENCE S. 89°-53'-06" E. ALONG
SAID CORPORATE LIMIT LINE, 328.56 FT.; THENCE N. 00°-00'-29" E.,
1325.80 FT. TO THE POINT OF BEGINNING.
CONTAINING 10.24 ACRE5 MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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DEC - 3 1J97
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ORDERED Y: Davey LLC
D~'fED:11 26/97
PRO J EcT' ho.: 871391
EXHIBIT "B"
ANNEXATION DIAGRAM
FOR WARREN & ALETHA ASHLEY
S.00°00'29"W. S.90°00'00"W.
20.00' 125.00'
S.90°00'00"W. 205.51' i ~ N.oo°oo'2s•E ao.oo' I
O.B. '
R/W LINE • \~~"~°
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