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<br />WHEREAS, there has been submitted to the Common Council of the City of South
<br />Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
<br />described real estate located in German Township, St. Joseph County, Indiana; and
<br />WHEREAS, the territory proposed to be annexed is adjacent to and /or near the
<br />Michiana Regional Airport and is to be developed, as part of the City's Airport
<br />2010 project, which development will require a level of municipal public services
<br />basic to the establishment and maintenance of such development, which services
<br />shall include services of a non - capital nature, including street and road
<br />maintenance, fire and police protection, and services of a capital improvement
<br />nature, including street construction, street lighting, sewer facilities, water
<br />facilities and storm water facilities; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana now desires to
<br />establish and adopt a fiscal plan and establish a definite policy showing (1) the
<br />cost estimates of services of a non - capital nature, including street and road
<br />maintenance, police and fire protection and other non - capital services normally
<br />provided within the corporate boundaries, and services of a capital improvement
<br />nature, including street construction, street lighting, water facilities, sewer
<br />facilities, and storm water drainage facilities to be furnished to the territory to
<br />be annexed; (2) the method(s) of financing those services; (3) the plan for the
<br />organization and extension of those services; (4) that services of a non - capital
<br />nature will be provided to the annexed area within one (1) year after the effective
<br />date of the annexation, and that they will be provided in a manner equivalent in
<br />standard and scope to similar non - capital services provided to areas within the
<br />corporate boundaries of the City of South Bend, that have characteristic of
<br />topography, patterns of land use, and population density similar to that of the
<br />territory to be annexed; (5) that services of a capital improvement nature will be
<br />provided to the annexed area within three (3) years after the effective date of the
<br />annexation in the same manner as those services are provided to areas within the
<br />corporate boundaries of the City of South Bend that have characteristics of
<br />topography, patterns of land use and population density similar to that of the
<br />territory to be annexed and in a manner consistent with federal, state and local
<br />laws, procedures, and planning criteria; and (6) the plan for hiring the employees
<br />of other governmental entities whose jobs will be eliminated by the proposed
<br />annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of
<br />Public Safety of the City of South Bend, and the Board of Water Works Commissioner
<br />of the City of South Bend have approved a written fiscal plan and established a
<br />policy for the provision of services to an area which includes the territory to be
<br />annexed, which plan and policy, as it relates to the territory to be annexed, the
<br />Common Council finds appropriate and the adoption of which as the plan and policy
<br />for the City of South Bend the Common Council finds to be in the best interests of
<br />the City.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF
<br />SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section I. That it is in the best interest of the City of South Bend and of tl
<br />area proposed to be annexed that the following described real property located in
<br />German Township, St. Joseph County, Indiana, be annexed to the City of South Bend:
<br />That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph
<br />County, Indiana which is described as: Beginning at the Center of Section 21;
<br />thence N. 880- 53' -36" E. along the East and West quarter line of said Section,
<br />450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road
<br />Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest
<br />corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2,
<br />thence N. 88 °- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence
<br />N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left
<br />an arc distance of 47.21 ft. to the end of a chord which bears N. 460- 01' -41" W.
<br />and a distance of 42.49 ft. to the south line of William Richardson Drive; thence
<br />along said south line S. 88 °- 53' -36" W., 805.50 ft. to the Northwest corner of Lot
<br />6, Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 1126.62 ft. to
<br />the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial
<br />Park, Section 7; thence N. 88 °- 53' -36" E., 1327.59 ft. to the Northeast corner of
<br />Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62
<br />ft. to the North line of William Richardson Court; thence along said North line N.
<br />88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc
<br />distance of 50.47 ft. to the end of a chord which bears N. 640- 47' -51" E. and a
<br />distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc
<br />distance of 144.76 ft. to the end of a chord which bears S. 70 °- 04' -02" E. and a
<br />distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of
<br />Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 604.73 ft. to the
<br />southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence
<br />crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line
<br />of said Section 21; thence along the said East line S. 00 °- 45' -45" E., 338.81 ft.
<br />to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East
<br />line of said section, 585.04 ft.; thence N. 890- 44' -31" E., 1219.94 ft. to the
<br />Centerline of Portage Road;
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