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REGULAR MEETING JANUARY 22, 2007 <br />the provision of services to the territory proposed to be annexed, which plan and policy <br />the Common Council finds to be appropriate and in the best interest of the City, and <br />which it desires to adopt. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section L It is in the best interest of the City of South Bend and the area proposed <br />to be annexed that the following described real property located in Centre Township, St. <br />Joseph County, Indiana, be annexed to the City of South Bend: <br />A parcel of land being a part of the Southeast Quarter (1/4) of Section <br />Thirty-Five (35), and a part of the Southwest Quarter (1/4) of Section <br />Thirty-Six (36), all in Township Thirty-Seven (37) North, Range Two (2) <br />East, Centre Township, St. Joseph County, Indiana and being more <br />particularly described as follows: Beginning at a point on the east line of <br />said Southeast Quarter, a distance of 406.54 feet North 0 degrees 00 <br />minutes 00 seconds East of the Southeast corner of said Southeast Quarter; <br />thence South 13 degrees 35 minutes 03 seconds East, along the westerly <br />right-of--way of Main Street, a distance of 153.90 feet to its intersection <br />with the westerly right-of--way line of U. S. Highway #31; thence South 17 <br />degrees 09 minutes 11 seconds West, along said U.S. #31 right of- way <br />line, a distance of 133.80 feet to an iron stake found in place; thence North <br />89 degrees 19 minutes 49 seconds West, parallel with the south line of <br />said Southeast Quarter, a distance of 501.70 feet to an iron stake found in <br />place and being on a point of the east line of a tract of land conveyed to <br />Raymond K Snyder and Anna J. Snyder in Deed Record 315, page 175; <br />thence North 0 degrees 27 minutes 06 seconds West, a distance of 274.67 <br />feet to an iron stake found in place; thence South 89 degrees 39 minutes <br />OS seconds East, a distance of 507.23 feet to the place of beginning. <br />Commonly known as 60971 U. S. 31 South, South Bend, Indiana <br />Section IL It shall be and hereby is now declared and established that it is the <br />policy of the City of South Bend, to furnish to said territory services of anon-capital <br />nature, such as police and fire protection, street and road maintenance, street sweeping, <br />flushing, and snow removal, within one (1) year of the effective date of the annexation in <br />a manner equivalent in standard and scope to services furnished by the City to other areas <br />of the City regardless of similar topography, patterns of land utilization, and population <br />density; and to furnish to said territory, services of a capital improvement nature such as <br />street and road construction, a street light system, a sanitary sewer system, a water <br />distribution system, a storm water system and drainage plan, within three (3) years of the <br />effective date of the annexation in the same manner as those services are provided to <br />areas within the corporate boundaries of the City of South Bend regardless of similar <br />topography, patterns of land use, or population density. <br />Section III. The South Bend Common Council shall and does hereby now <br />establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part <br />hereof, for the furnishing of said services to the territory to be annexed, which provides, <br />among other things, that the public sanitary sewer and water network is available with <br />capacity sufficient to service this area with any extensions or improvements for future <br />development to be paid by the developer; that street lighting and parking will be installed <br />at the developer's expense; and that a street drainage plan will be also be planned, <br />provided and paid for by the developer subject to compliance with state and local law. <br />Section IV. In consideration of pedestrian safety and proper vehicular movement, <br />it is required as a condition of rezoning and annexation that the developers give very <br />careful consideration to vehicular access and circulation as well as pedestrian movement <br />for the developments within the annexation area. In this regard the annexation and <br />rezoning is subject to the following condition: <br />12 <br />