Bill 68-05 Annexation of Northeast corner of S.R. #23 and Mcerlaind St.

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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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, RICHARD & MARSHA PULLIN AND SHIRLEY COMBS APPROXIMATELY 200 FEET EAST OF THE NORTHEAST CORNER OF S.R. # 23 AND MC ERLAIN STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 6.71 + /- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the 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: ANNEXATION LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT -OF WAY LINE OF ELKINS STREET AND THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET) ; THENCE S. 000- 00' -00" E. (ALL BEARINGS ASSUMED), 460.88 FEET MORE OR LESS TO THE SOUTHERLY RIGHT -OF -WAY LINE OF MCERLAIN STREET, THENCE ALONG SAID RIGHT -OF -WAY LINE IN A NORTHWESTERLY DIRECTION 702.59 FEET MORE OR LESS; THENCE N. 19 ° -50'- 17" E. ALONG THE WEST LINE OF THE PLAT OF "DUGDALE ACRES" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, INCLUDING GOING ALONG THE WEST LINE OF LOTS # 36 AND 25 IN SAID PLAT AND ALONG THE NORTHEASTERLY EXTENSION OF SAID PLAT'S WEST LINE, FOR A TOTAL DISTANCE OF 447.68 FEET MORE OR LESS TO THE NORTHERLY RIGHT -OF -WAY LINE OF ELKINS STREET; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID RIGHT -OF -WAY A DISTANCE OF 526.94 FEET MORE OR LESS TO THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET)., THENCE S. 00 °- 00' -00" E., ALONG SAID RIGHT -OF -WAY LINE 60.54 FEET MORE OR LESS TO THE PLACE OF BEGINNING. CONTAINING 6.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION OF PARCEL TO BE REZONED TO THE "O" OFFICE DISTRICT: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 25 THROUGH LOT # 28 AND LOT # 33 THROUGH LOT # 36 AS SHOWN ON THE PLAT OF "DUGDALE ACRES" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.27 ACRES MORE OR LESS.