10-25-10 Council Agenda & Packet

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a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # I I ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140,00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70± FEET MORE OR LESS; THENCE WEST 60.00± FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40± FEET MORE OR LESS; THENCE EAST 60.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47± FEET MORE OF LESS; THENCE WEST 356.00± FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is declared now and established that it is the policy of the City of South Bend, to furnish to said territory services of a non- capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and