Petition and agreement for annexation of real estate

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RESOLUTION NO. WHEREAS, petition and agreement for annexation of real estate described in Exhibit A incorporated herein, made a part hereof and marked Exhibit A has been entered into by and between the City of South Bend acting through its Board of Public Works and Indiana Franklin Realty, Inc., an Indiana corporation, owner of such said territory, and Edward Rose of Indiana, an Indiana limited partnership, developer of said territory, and WHEREAS, an ordinance for the annexation of said territory has been submitted to the Common Council of the City of South Bend, and WHEREAS, the developer of said territory proposes the construction of a garden apartment complex therein which would require special zoning and approval of a proposed site develop- ment plan, and WHEREAS, the developer will not be able to utilize said land as planned unless zoning is granted to build the c-arden apartment complex and the site plan is approved to enable compatible land utilization, and WHEREAS, it is the intention of the owner if annexation of said territory is granted by the Common Council and if suitable zoning and a site plan approval for the planned development is not granted and approved, that petition be filed pursuant to statute for disannexation of said territory. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That if the annexation ordinance of the afore- said territory is passed by the Common Council and signed by the Mayor and said annexation becomes effective and if the rezoning of said territory or the site plan approval is not granted to enable the developer to construct its proposed garden type apartment complex thereon, the City will make no objection to a timely petition for disannexation filed pursuant to statute by the owner of said territory. SECTION effect from and approval by the F ..._. JTED / NOT AFrOVED II. This after its Mayor. ADOPTED / hp —/ I-7,7 Resolution shall be in full force and passage by the Common Council and Membkr of the Common Council- V9 I signed only to provide an opportL::it-- -oc and Council action o on the diccussion FILED IN CLERK'S OFFICE r 14 1977 Irene Gagnon Cff-Y CLERK, SOUTH BEND, IND.