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REGULAR MEETING OCTOBER 9, 2006
<br />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 I. 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 German Township, St.
<br />Joseph County, Indiana, hereto be annexed to the City of South Bend:
<br />Parcel 1 Fee
<br />A part of the West Half of the Northwest Quarter of Section 19, Township 38 North,
<br />Range 2 East, German Township, St. Joseph County, Indiana, and being that part of the
<br />grantor's land lying within the right-of-way lines depicted on the attached Right-of-Way
<br />Parcel Plat marked Exhibit "B", described as follows: Beginning on the north line of said
<br />half-quarter section South 89 degrees 39 minutes 08 seconds East 442.51 feet from the
<br />northwest corner of said quarter section, designated as point "12" on said Exhibit "B";
<br />thence South 89 degrees 39 minutes 08 seconds East 542.21 feet along said north line to
<br />the northeast corner of said half-quarter section, designated as point "3" on said Exhibit
<br />"B"; thence South 0 degrees 27 minutes 23 seconds East 1399.47 feet along the east line
<br />of said half-quarter section and the centerline of Olive Road to the northeast corner of a
<br />tract of land conveyed to the City of South Bend in Instrument #0334505, designated as
<br />point "158" on said Exhibit "B"; thence South 89 degrees 32 minutes 37 seconds West
<br />55.00 feet along the north line of said City of South Bend tract to the point designated
<br />"738" on said Exhibit "B"; thence North 5 degrees 12 minutes 48 seconds East 50.61 feet
<br />to the point designated "3009" on said Exhibit "B"; thence North 0 degrees 27 minutes 23
<br />seconds West 1295.00 feet to the point designated "3005" on said Exhibit "B"; thence
<br />North 47 degrees 19 minutes 46 seconds West 21.10 feet to the point designated "3004"
<br />on said Exhibit "B"; thence South 89 degrees 49 minutes 06 seconds West 112.00 feet to
<br />the point designated "3003" on said Exhibit "B"; thence North 86 degrees 36 minutes 21
<br />seconds West 240.47 feet to the point designated "3002" on said Exhibit "B"; thence
<br />South 89 degrees 49 minutes 05 seconds West 100.00 feet to the point designated "3018"
<br />on said Exhibit "B"; thence South 89 degrees 49 minutes 05 seconds West 25.25 feet to
<br />the point designated "3001" on said Exhibit "B"; thence North 0 degrees 20 minutes 52
<br />seconds East 30.01 feet to the point of beginning and containing 2.011 acres, more or
<br />less, inclusive of the presently existing right-of-way which contains 0.882 acres, more or
<br />less, for a net additional taking of 1.129 acres, more or less.
<br /> Section II. It shall be and hereby is now declared and established that it is the
<br />policy of the City of South Bend, by and through its Board of Public Works, to furnish to
<br />said territory services of a non-capital nature, such as police and fire protection, street and
<br />road maintenance, street sweeping, flushing, and snow removal, within one (1) year of
<br />the effective date of the annexation in a manner equivalent in standard and scope to
<br />services furnished by the City to other areas of the City regardless of similar topography,
<br />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, a street
<br />light system, a sanitary sewer system, a water distribution system, a storm water system
<br />and drainage plan, within three (3) years of the effective date of the annexation in the
<br />same manner as those services are provided to areas within the corporate boundaries of
<br />the City of South Bend regardless of similar topography, patterns of land use, or
<br />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; that street lighting, parking and will be installed at
<br />the developer's expense; and that a street drainage plan will be also be planned, provided
<br />and paid for by the developer subject to compliance with state and local law.
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