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REGULAR MEETING APRIL 12, 2004
<br /> degrees 10 minutes 52 seconds East, a distance of 40.00 feet to the north right of way line of
<br /> Kern Road as platted by Walnut Farms Subdivision, recorded under instrument number 9837229
<br /> in the Office of Recorder of St. Joseph County; thence along said north right of way line, a
<br /> distance of 1054.10 feet; thence South 00 degrees 05 minutes 01 seconds West, along the west
<br /> line of property described in Instrument Number 0164689 in said Office of Recorder, a distance
<br /> of 1043.83 feet to the southwest corner of said property; thence South 89 degrees 54 minutes 59
<br /> minutes 59 seconds East, along the south line of said property, a distance of 261.36 feet, to the
<br /> east line of said Northwest Quarter, said point lying South 00 degrees 05 minutes 01 seconds
<br /> West, a distance of 1000.00 from the northeast corner of said Northwest Quarter, said corner
<br /> being marked by railroad spike, 0.1 feet below the surface of the pavement; thence South 00
<br /> degrees 05 minutes 01 seconds West, along said east line, a distance of 1666.86 feet to the
<br /> Southeast corner of said Northwest Quarter; thence North 89 degrees 19 minutes 47 seconds
<br /> West, along the south line of said Northwest Quarter, a distance of 2640.06 feet to the southwest
<br /> corner of said Northwest Quarter; thence North 00 degrees 16 minutes 41 seconds East, along the
<br /> west line of said Northwest Quarter, a distance of 1339.13 feet to the southwest corner of the
<br /> Northwest Quarter of said Northwest Quarter; thence South 89 degrees 10 minutes 21 seconds
<br /> East,along the south line of the Northwest Quarter of said Northwest Quarter, a distance of
<br /> 1317.80 feet to the southeast corner of the Northwest Quarter of said Northwest Quarter, a
<br /> distance of 1317.80 feet to the southeast corner of the Northwest Quarter of said Northwest
<br /> Quarter; thence North 00 degrees 10 minutes 52 seconds East, along the east line of the
<br /> Northwest Quarter of said Northwest Quarter, a distance of 1337.03 feet to the Point the
<br /> Beginning; containing 116.206 acres,more or less;
<br /> Section II. It shall be and hereby is now declared and established that it is the policy of the City
<br /> of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire
<br /> protection, street and road maintenance, sewage collection, street swapping, 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 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, and a storm water system, within three (3)
<br /> years of the 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 topography,
<br /> patterns of land use, or population density, and in a manner consistent with federal, state and
<br /> local laws, procedures, and planning criteria.
<br /> Section III. The Common Council for the City of South Bend, shall and does hereby now
<br /> establish and adopt The Fiscal Plan as set forth in Exhibit"A", attached hereto and made a part
<br /> hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan
<br /> provides among other things, that virtually all capital improvements required to service the
<br /> annexation area will be planned, provided, and paid for by the developer subject to compliance
<br /> with state and local law.
<br /> Section W. This Resolution shall be in full force and effect from and of its date of
<br /> adoption by the Common Council and approval by the Mayor.
<br /> Councilmember Kuspa, Chairperson, Zoning and Annexation Committee reported that this
<br /> committee held a Public Hearing on this bill and send it to the full Council with a favorable
<br /> recommendation.
<br /> Larry Magliozzi, Assistant Director, Division of Community Development, 1200 County-City
<br /> Building made the presentation for this bill.
<br /> Mr. Magliozzi stated that the Resolution is a companion to Bill No. 10-04, which proposes to
<br /> annex contiguous territory in Centre Township to the City of South Bend. The resolution
<br /> indicates the approval and adoption by the Common Council of the written plan and policy
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