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Subdivision as recorded by Document Number 8800527 in the Office of the Recorder of <br />St. Joseph County, Indiana; thence North 01 °36'33" West along the North and South <br />Quarter Line of Said Section 31, and the East Line of Said Lot 3, 949.65 feet to the <br />Northeast Corner of Said Lot 3; thence North 89 °49'54" West along the North line of Said <br />Lot 3, and its Westerly extension, 2535.42 feet (rec. North 89 °56'27" West) to the West <br />Right -of -Way line of Pine Road; thence North 00'06'11 " East, along Said West Line, <br />616.06 feet; North 89 °42'25" East, 30 feet more or less to the Point of Beginning. <br />Containing 71.73 acres more or less. Subject to legal right -of -ways, easements, and <br />restrictions of record. <br />Section II. It shall be and hereby is now declared and established that it is the policy of <br />the City of South Bend, to furnish to said territory services of a non - capital nature, such as police <br />and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, <br />within one (1) year of the effective date of the annexation in a manner equivalent in standard and <br />scope to services furnished by the City to other areas of the City regardless of similar <br />topography, patterns of land utilization, and population density; and to furnish to said territory, <br />services of a capital improvement nature such as street and road construction, sidewalks, a street <br />light system, a sanitary sewer system, a water distribution system, a storm water system and <br />drainage plan, within three (3) years of the effective date of the annexation in the same manner <br />as those services are provided to areas within the corporate boundaries of the City of South Bend <br />regardless of similar topography, patterns of land use, or population density. <br />Section III. The South Bend Common Council, shall and does hereby now establish and <br />adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing <br />of said services to the territory to be annexed, which provides, among other things, that the <br />public sanitary sewer and water network is available with capacity sufficient to service this area <br />with costs for extensions and any improvements in sewer or water capacity to be paid for by the <br />developer in compliance with state and local law; that the developer will create a surface water <br />pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land; <br />that the City can provide basic street lighting with expenses for additional or decorative lighting <br />to be paid by the developer with possible maintenance and operation of additional lighting by the <br />City from property tax revenue; and that no new roads or streets will be required, but for any <br />new streets internal to the site or upgrades to Pine Road infrastructure, including sidewalks, <br />construction costs shall be at the owner or developer's expense. <br />Section IV. Site planning should employ Complete Streets principles; and sidewalks <br />should be provided along public streets and be in compliance with the Americans with <br />Disabilities Act (ADA). Any new streets installed as the site develops should provide access and <br />connectivity throughout the annexation area. To the extent possible, mature trees and other <br />natural features of the Annexation area should be retained, especially along the site's perimeter. <br />Section V. It is required as a condition of annexation that any future alterations to the <br />property meet the City of South Bend's building and zoning requirements. <br />3 <br />