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REGULAR MEETING DECEMBER 19, 1977
<br />REGULAR MEETING RECONVENED (CONTINUED)
<br />2. That this resolution shall be in full force and effect from and after its adoption
<br />by the Common Council and its approval by the Mayor of the City of South Bend, Indiana.
<br />/s /Mary Christine Adams
<br />Member of the Common Council
<br />A public hearing was held at this time on the resolutions. Mr. James Harcus, Director of the
<br />Bureau of Hosuing, indicated these resolutions were for general and electrical rehabilitation
<br />on the properties listed in the resolutions. Council Member Adams questioned the fact that they
<br />were installing exterior electrical outlets. Mr. Harcus indicated this was required by HUD.
<br />Council Member Serge made a motion to adopt Resolution No. 596 -77, seconded by Council Member
<br />Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Miller
<br />made a motion to adopt Resolution No. 597, seconded by Council Member Dombrowski. The Resolution
<br />was adopted by a roll call vote of nine ayes.
<br />RESOLUTION NO. 598 -77
<br />WHEREAS, petition and agreement for annexation of real estate described in Exhibit A in-
<br />corporated herein, made a part hereof and marked Exhibit A has been entered into by and between
<br />the City of South Bend acting through its Board of Public Works and Indiana Franklin Realty, Inc.
<br />an Indiana corporation, owner of such said territory, and Edward Rose of Indiana, an Indiana
<br />limited partnership, developer of said territory, and
<br />WHEREAS, an ordinance for the annexation of said territory has been submitted to the Common
<br />Council of the City of South Bend, and
<br />WHEREAS, the developer of said territory proposes the construction of a garden apartment
<br />complex therein which would require special zoning and approval of a proposed site development
<br />plan, and
<br />WHEREAS, the developer will not be able to utilize said land as planned unless zoning is
<br />granted to build the garden apartment complex and the site plan is approved to enable compatible
<br />land utilization, and
<br />WHEREAS, it is the intention of the owner if annexation of said territory is granted by the
<br />Common Council and if suitable zoning and a site plan approval for the planned development is
<br />not granted and approved, that petition be filed pursuant to statute for disannexation of said
<br />territory.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana:
<br />SECTION I. That if the annexation ordinance of the aforesaid territory is passed by the
<br />Common Council and signed by the Mayor and said annexation becomes effective and if the rezoning
<br />of said territory or the site plan approval is not granted to enable the developer to construct
<br />its proposed garden type apartment complex thereon, the City will make no objection to a timely
<br />petition for disannexation filed pursuant to statute by the owner of said territory.
<br />SECTION II. This Resolution shall be in full force and effect from and after its passage
<br />by the Common Council and approval by the Mayor.
<br />/s/ Mary Christine Adams
<br />Member of the Common Council
<br />PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT
<br />This agreement, made and entered into this 14th day of December, 1977, betweenthe City of South
<br />Bend, An Indiana Municipal Corporation, hereinafter referred to as the "City" and Indiana Limited
<br />Partnership hereinafter referred to as "Developer ".
<br />WHEREAS, the City, Owners and Developer desire to have certain real estate annexed and incorpora-
<br />ted within the corporate limits of the CIty of South Bend, A Municipal Corporation, of the State
<br />of Indiana, which real estate is as described in Exhibit A attached hereto, incorporated herein
<br />and made a part hereof.
<br />WHEREAS, the Owner is the record title holder of the subject property of this Annexation Agree-
<br />ment, and
<br />WHEREAS, the territory hereinabove described is adjacent to and contiguous to the said City of
<br />South Bend, County of St. Joseph, State of Indiana being presently situated in Penn Township,
<br />County of St. Joseph, State of Indiana; as attached hereto, made a part hereof and incorporated
<br />herein, is a scale map of the proposed territory to be annexed to the City of South Bend, Indiana
<br />showing the boundaries thereof, and its relation to the municipal cities involved, which map is
<br />marked Exhibit B, and
<br />WHEREAS, the Developer is proposing the construction of a garden apartment complex on the subject
<br />property of this Annexation Agreement.
<br />NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set
<br />forth herein, the parties hereto agree that this Petition for Annexation to the City of South
<br />Bend is expressly conditioned upon the Common Council of the City of South Bend adopting an
<br />annexation ordinance providing for the following:
<br />A. The Owner is the fee simple title holder of 100% of the land in the
<br />territory described in Exhibit A attached hereto and does hereby
<br />petition the Common Council of the City of South Bend for voluntary
<br />annexation of and.to bring within the boundaries of the City the
<br />real estate described herein.
<br />B. The City agrees.that the Developer may connect without cost to
<br />existing water mains of the City located along Ironwood Road and
<br />Ireland Road and may extend water mains ffrom such connections to
<br />serve the development complex. Such main extensions shall be at the
<br />Developer's cost and shall be constructed according to published
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