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Lots Numbered Five Hundred Ninety (590), Five Hundred Ninety-One (591) and
<br />Five Hundred Ninety-two (592) as shown on the recorded plat of Gilmer Park
<br />Second Subdivision in St. Joseph County, Indiana.
<br />A parcel of land located in the Southwest '/4 of Section 36, Township 37 North,
<br />Range 2 East, Centre Township, St. Joseph County, as shown on the recorded plat
<br />of Gilmer Park Second Subdivision, and described as follows:
<br />Beginning at the intersection of the recorded South lot line of Lot 547 of said
<br />Gilmer Park Second, recorded in Plat Book 14, Page Gla in the St. Joseph County
<br />Recorders Office and the recorded East line of US 31 South; thence South along
<br />said East line of US 31 South and the existing City Limits to the Southwest corner
<br />of recorded lot 592 of said Gilmer Park Second; thence East along said recorded
<br />South line of Lot 592 and said line extended to the East line of a North/South
<br />recorded alley; thence Northeast along said alley and said line extended to the
<br />intersection of the North right of way line of Detroit Street and said alley
<br />extended; thence West along the North line of Said Detroit Street and the South
<br />line of Lot 547 of said Gilmer Park Second to the place of beginning. Containing
<br />0.821 acres, more of less and subject to all legal rights of way and easements of
<br />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 services to said territory of anon-capital nature, such as police
<br />and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and
<br />snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent
<br />in standard and scope to the services furnished by the City to other areas of the City regardless of
<br />similar topography, patterns of land use, or population density; and to furnish to said territory
<br />services of a capital improvement nature, such as street and road construction, street lighting, a
<br />sanitary sewer extension, a water distribution system, a storm water system, and drainage plan,
<br />within three (3) years of the effective date of the annexation in the same manner as those services
<br />are provided to areas within the corporate boundaries of the City of South Bend regardless of
<br />similar topography, patterns of land use, or population density, and in a manner consistent with
<br />federal, state and local laws, procedures, and planning criteria.
<br />Section III. The Common Council for the City of South Bend, Indiana shall and does
<br />hereby now 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, among
<br />other things, that the public sanitary sewer is available with capacity sufficient to service this
<br />area with any extensions for future development to be paid by the developer; that a 400 foot
<br />water main line extension will be needed to service the area to be paid by the developer; that
<br />street lighting and parking will be installed at the developer's expense; and that a street drainage
<br />plan will be also be planned, provided and paid for by the developer subject to compliance with
<br />state and local law.
<br />Section IV. It is required as a condition of annexation that neo-traditional building/site
<br />design elements be included in terms of context, setback, orientation, spacing, style, massing,
<br />height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that
<br />achieve development and design of the highest possible quality. It is required that the annexation
<br />area integrate harmoniously with the surrounding residential areas to the east.
<br />In consideration of pedestrian safety and proper vehicular movement, it is further required as a
<br />condition of rezoning and annexation that the developer give very careful consideration to
<br />vehicular access and circulation as well as pedestrian movement for the development within the
<br />annexation area. All screening, signage and vehicular access shall conform to the latest City of
<br />South Bend standards and ordinances.
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