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HomeMy WebLinkAboutAnnexation - Certain land in German township - Dan FuerbringerORDINANCE No. 8809-97 Passed by the Common Council of the City of South Bend, Indiana July 28, 19 97 Attest: Attest: City Clerk Presented by me to the Mayor of the Ciry of South Bend, Indiana July 29, 19 President of Common Council 97 City Clerk Approved and signed by me July 29, 1997 Mayor ORDINANCE NO. ~gO "' 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 (N GERMAN TOWNSHIP CONTIGUOUS THEREWITH; DAN FUERBRINCER S"I'A~'EMEN1' OF PURPOSE AND INTENT A Petition for voluntar}~ annexation of five (5) acres located in German Township, St. Joseph County, Indiana, has been filed by fifty-one percent (51%) of the owneis of land in the territor}~ sought to be annexed. It is the intent and purpose of this Ordinance to annex this territor}~ 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-eighth (I/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 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana \vhich is described as: Beginning at a point on the North and South Quarter line of said Section 21 \\•hich is S. 00°-UO'-00" E. (all bearings assumed), 660 ft. more or Icss from the North Quarter Post of said Section 21; thence S. OU°-UO'-00" E. along said Quarter line, 660 ft. more or less to the North line of the recorded plat of "Shively's Industrial Park Phase One" as recorded by Document No. 9524751 in the records of the St. Joseph Count}', Indiana Recorder's office; thence S. 89°-53'-06" W. along the North line of said Subdivision 330 ft. more or Icss; thence N. 00°-00'-00" W., 660 ft. more or less; thence N. 90°-00'-00" E., 330 ft. more or less to the point of beginning. Containing 5 acres more or Icss. Subject to all legal highways, easements and restrictions of record. SECTION II. That the boundaries of the Cit}• of South Bend, Indiana, shall be and are hereb}~ 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 hereb}• is assigned to the -~i f5t Councilmanic District of the City of South Bend, Indiana. SECTION IV. This Ordinance shall be in full force and effect form and after its enactment, approval b}' the Ma}'or, and legal publication. ~.~. MEMBER OF THE COMMON COUN L ~~.SGR\'ER~SE`~RAH+PGTrfIUN NUR \'ULUNTARI' ANNE\ATION.doc 1st READING h -~_~ `~ PUBLIC HEARING 7 _2 g_ c~ 3 rd READING 7~~~-97 NOT APPROVED t=iles in Glert.'s ®~>fice J U L 1 4 1997 LOFiETTAEC FEND.tP7. CITY CLEit;:, REcERRED PASSED 7 ~ /7 ~ SU(35'T~ I U~D COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 59-97 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; DAN FUERBRINGER Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably, as substituted Sean Coleman Chairman - .1 ti I'G~'IZ'ION FOR VOLUNTARY ANNCXATION TO: COMMON COUNCIL CITY Or SOUTI-I BOND, INDIANA Pursuant to Indiana Code 36-4-3-5, the undcrsigncd hereby petitions the Conunon Council of the Cily of South Bend, ludiana for voluntary annexation to the City of South Bcnd, G)diana, of a certain parcel of real estate situated in German ~'ownship, St. Joseph Cou)ity, Indiana, and in support of ~rhich Petition alleges and affirms as follows: I) E-Ic is the o~~•ner (hcrcinaRcr "pctitioncr") or a parcel of land more particularly described in exhibit "A", ~~•hich is incorporated herein by this reference as if fully set forth herein (hereina(1cr "the parcel"). 2) pctitioncr desires that the parcel be annexed to the City of South Bcnd, Indiana by proper ordinance. 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, [udiana. 4) The parcel is five (5) acres in size and currently has t11C fo1101VIng Use on It: (4) Residential 5) Thal this Petition is signed b~' at Icast (C[-iCCK ONI/): X a. fifty-one pcrccnt (51 %) of the owners of the land in the territory sought to be annexed; OR b. the owners of seventy-five pcrccnt (75%) of the total assessed value of the land for property tax purhoscs. Wherefore, the undcrsigncd petition that the parcel be annexed to the City of South Bcnd, ludiana, and that the pctitioncr affirms, under the penalties for perjui~•, that the foregoing statements arc true. Signcd:~~ a n Dan Fuerbringer Address: 22530 Briclc Road Signed: Adch•ess: South Bcnd, IN 4G62R Address: Phone Number. 219/277-5929 Phone Number: Contact Person: Name: Robert A. I-Icnry Address: The Robert Henry Corporation 404 S. Frances Street P.O. Box 1407 South Bcnd, fN 46624 dSIiItVL'I(~SI?I(All~l'f:l'I'IIUN fUR ~'UL.l1N'1'Ntl' ANNI:.l'A'I'ION.doc Phone Number. 219/232-2091 f'II~C~ ira ~i~r~~~'~ ®~$I~E J U L 1 4 1997 LORETrA J. DUDS: CITY CLERX, ~C.13EtSD, l?). EXHIBIT A PETITION FOR VOLUNTARY ANNEXATION LEGAL DESCRIPTION OF THE PARCEL That part of the Northwest Quarter of Section 21, To~vnsliip 38 North, Range 2 East, German Township, St. Joseph County, Indiana ~~•hich is described as: Beginning at a point on the North and South Quarter line of said Section 21 which is S. 00°-00'-00" E. (all bearings assumed), 660 ft. more or less from the North Quarter Post of said Section 21; thence S. 00°-OU'-00" E. along said Quarter line, 660 ft. more or less to the North line of the recorded plat of "Shivel}''s Industrial Park Phase One" as recorded b}~ Document No. 9524751 in the records of the St. Joseph Count}•, Indiana Recorder's office; thence S. 89°-53'-06" W. along the North line of said Subdivision 330 ft. more or less; thence N. 00°-00'-00" W., 660 ft. more or less; thence N. 90°-00'-00" E., 330 ft. more or less to the point of beginning. Containing 5 acres more or less. Subject to all legal highways, easements and restrictions of record. G:'•RAI1'~E\IiIBIT A -Legal Description.doc Filed ire C9~ri~'~ afii~ J U L 1 4 1997 LORcTT~i d. DUDF? C17Y CIIrR.S, n0. Ex~iiD, I°'3.