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NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
<br />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 to be
<br />annexed that the following described real property located in German Township, St. Joseph
<br />County, Indiana be annexed to the City of South Bend:
<br />PARCEL I. (ANNEXATION AND REZONING TO "CB" COMN.UNITY BUSINESS DISTRICT) . -
<br />THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2
<br />EAST, GERMAN TOWNSHIP, ST. JOSEPH COIJNTY, INDIANA WHICH IS DESCRIBED AS:
<br />BEGINNING AT A POINT OF INTE"RSEC`iION OF THE NORTH LINE OF CLEVELAND ROAD AND THE'
<br />WEST LINE' OF LYNNEITOOD AVENUE; THENCE N. 00°- 00' -00" W. (ALL BEARINGS ASSUMED),
<br />41.1.00 FEET 140.E OR LESS; THENCE N. 901- 00' -00" E., 460.00 FEET 140RE OR LESS;
<br />THENCE S. 000- 00' -00" E., 93.00 FEET MORE OR LESS; THENCE N. 90 °- 00' -00" E.,
<br />80.00 FEET MORE OR LESS; THENCE S. 000- 00' -00" E., 318.00 FEET MORE OR LESS TO
<br />THE NORTH LINE OF SAID CLEVELAND ROAD; THENCFS. 90 °- 001-00" W. ALONG SAID NORTH
<br />LINE, 540.00 FEET VORR OR LESS TO THE POINT OF BEGINNING.
<br />CONTAINING 4.92 ACRES MORE OR LESS,
<br />SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
<br />Section II. That it shall be and hereby is now declared and established that it is the policy
<br />of the City of South Bend, to furnish to said territory services of a non - capital nature, such as
<br />police and fire protection, street and road maintenance, street sweeping, flushing, and snow
<br />removal, within one (1) year of the effective date of the annexation in a manner equivalent in
<br />standard and scope to services furnished by the City to other areas of the City regardless of
<br />similar topography, patterns of land utilization, and population density; and to furnish to said
<br />territory, services of a capital improvement nature such as street and road construction,
<br />sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm
<br />water system and drainage plan, within three (3) years of the effective date of the annexation in
<br />the same manner as those services are provided to areas within the corporate boundaries of the
<br />City of South Bend regardless of similar topography, patterns of land use, or population density.
<br />Section III. That the South Bend Common Council, shall and does hereby now establish
<br />and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the
<br />furnishing of said services to the territory to be annexed, which provides, among other things,
<br />that the public sanitary sewer network and water main are available to service this area with any
<br />extensions for future development to be paid by the developer; that the annexation area will
<br />require curb and sidewalk on the east side of Lynnewood as well as any upgrade of the existing
<br />sidewalk on Cleveland to meet City standards; that street lighting, parking, and other similar
<br />improvements, together with a drainage plan will be constructed by the developer, and that all
<br />improvements under this section as well as any necessary screening, signage, and vehicular
<br />access shall conform to the latest state and City of South Bend standards and ordinances.
<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
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