12-19-77 Council Meeting Minutes

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REGULAR MEETING DECEMBER 19, 1.977 REGULAR MEETING RECONVENED (CONTINUED City standards. Should the City deem it advisable that any of such mains should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the Developer, furnish engineering and design consultation to the Developer without cost. C. The City has existing storm water retention basins located in the immediate vicinity of Inwood and Ironwood Road and of Ireland Road and Ironwood Road. The Developer may construct, without retention, such drains as it deems necessary at its cost to provide storm water drainage for its property into such City owned retention basins and the City shall accept such drainage without charge to the Developer. D. The City agrees that the Developer may connect without cost, fee or special assessment to existing sewer mains of the City located along Ironwood Road and Ireland Road and may extend sewer mains from such connections to serve the develop - ment complex. Such sewer extensions shall be at the Developer's cost and shall be constructed according to published City standards. Should the City deem it advisable that any of such sewers should be of a size in excess of that necessary to serve the development complex, the cost of such oversizing shall be paid for by the City. The City shall, if requested by the De- veloper, furnish engineering and design consultation to the Developer without cost. E. It is understood and agreed by the parties hereto that there will be no charge to the Owner_or Developer for connection of individual units or buildings to sanitary sewers, water mains and /or storm water outfalls. F. The City shall provide police protection to the annexed territory as soon as any development is constructed and access roads into the territory have been constructed and opened. The City shall provide fire protection to the annexed territory as soon as any development is constructed, access roads have been constructed and opened and fire hydrants installed and rendered operative. G. The covants herein shall bind and insure to the benefit of the executors, administrators, successors and assigns of the respective parties. ATTEST: /s/ A. H. Stuhlman A. H. Stuhlman Asst. Secretary ATTEST: /s /Arthur C. Osterwald Arthur C. Osterwald ATTEST: /s /Patricia DeClercq EXHIBIT "A" INDIANA FRANKLIN REALTY, INC. BY: /s/ ` J. F. Stark J. F. Stark Vice President EDWARD ROSE OF INDIANA, an Indiana Limited Partnership BY: /s/ Edward Ravitz, Agent Edward Ravitz THE CITY OF SOUTH BEND, by its Board of Public Works BY: /s /Thomas J. Brunner, Jr. Thomas J. Brunner, Jr. /s /Peter H. Mullen Peter H. Mullen /s/ Patrick M. McMahon Patrick M. McMahon Part of the NW 4 of Sec. 29, T37N, R3E, more particularly described as follows: Beginning at the NE corner of said quarter Section; thence S00010103" E along the East line of said quater Section a distance of 1326.02 feet to the North line of Sunnyslope 3rd. Subdivision; thence S89039140" along the North line of said Subdivision a distance of 992.58 feet to the NW corner of said Subdivision; thence S00014109" E a distance of 1321.20 feet to the South line of the NW 1/4 of Sec. 29, as aforesaid; thence N90099'00" W along said South line a distance of 664.66 feet to a point; thence N00000100" E a distance of 1318.21 feet to a point; thence S89038'22" W a distance of 990.00 feet to the West line of said Sec. 29; thence N00000'00" E along said West line a distance of 217.14 feet to a point 1097.21 feet South of the NW Corner of said Sec. 29; thence N890 34109" E a distance of 990.00 feet to a point; thence NOOo00'00" E parallel to and 990.00 feet East of West line of said Sec. 29 a distance of 1099.86 feet to the North line of said Sec. 29; thence N89024157" E along said North line a distance of 1648.04 feet to the point of be- ginning. Containing +75.10 acres in Penn Township, St. Joseph County, Indiana.