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ORDINANCE NO. 6298 -78 <br />AN ORDINANCE ANNEXING TO AND BRINGING WITHIN <br />THE CITY LIMITS OF SOUTH BEND, INDIANA, <br />CERTAIN LAND LOCATED IN PENN TOWNSHIP, ST. <br />JOSEPH COUNTY, INDIANA. <br />STATEMENT OF PURPOSE AND INTENT <br />A petition and agreement for voluntary annexation of approximately <br />75.10 acres located in Penn Township, St. Joseph County, Indiana, <br />has been filed by the owner of 100% of the territory to be annexed <br />and an agreement for the terms of annexation has been entered into <br />by the owner and developer of the territory. The developer proposes <br />to construct a garden apartment complex in said territory and desires <br />to avail itself of water, storm water disposal and sanitary sewer ser- <br />vices of the City. The agreement for annexation entered into by the <br />City acting through its Board of Public Works provides for the fur- <br />nishing of water, storm water disposal, sanitary sewer, police pro- <br />tection and fire protection. It is the intent and purpose of this <br />ordinance to annex the territory to the City and to incorporate in <br />such ordinance the petition for voluntary annexation and agreement <br />for annexation, said contracts providing for the furnishing of such <br />services. <br />BE IT ORDAINED by the Common Council of the City of South Bend, <br />Indiana: <br />SECTION I. That the petition for voluntary annexation and <br />agreement for annexation executed by and between the City of South <br />Bend and Indiana Franklin Realty, Inc., an Indiana corporation, owner <br />of the territory and Edward Rose of Indiana, an Indiana limited <br />partnership and a developer of the territory, is incorporated herein, <br />made a part hereof: <br />Part of the NW 1/4 of Sec. 29, T37N, R3E, more particularly <br />described as follows: Beginning at the NE Corner of said <br />quarter Section; thence S00010103" E along the East line of <br />said quarter Section a distance of 1326.02 feet to the North <br />line of Sunnyslope 3rd Subdivision; thence S89039'40" W along <br />the North line of said Subdivision a distance of 992.58 feet <br />to the NW corner of said Subdivision; thence S00014109" E a <br />distance of 1321.20 feet to the South line of the NW 1/4 of <br />Sec. 29, as aforesaid; thence N90000100" W along said South <br />line a distance of 664.66 feet to a point; thence N00000100" E <br />a distance of 1318.21 feet to a point; thence S89038!22" W a <br />distance of 810' more or less to the existing boundary of the <br />City of South Bend; thence N00000100" E along said boundary of <br />the City of South Bend a distance of 217.14' to a point <br />1097.21' S of the NW Corner of said Sec. 29; thence N89034109 11E <br />a distance of 810 feet to a point; thence N00000100" E parallel <br />to and 990.00feet East of West line of said Sec. 29, a <br />distance of 1099.86 feet to the North line of said Sec. 29; <br />thence N89024157" E along said North line a distance of <br />1648.04 feet to the point of beginning. Containing +75.10 <br />acres in Penn Township, St. Joseph County, Indiana. <br />SECTION II. That the real estate in St. Joseph County, State of <br />Indiana, being contiguous to the present boundaries of the City of <br />South Bend is hereby annexed to and brought within the City of South <br />Bend, which real estate is described in the attached exhibit, in- <br />corporated herein., made a part hereof: <br />Part of the NW 1/4 of Sec. 29, T37N, R3E, more particularly <br />described as follows: Beginning at the NE Corner of said <br />quarter Section; thence S00010103" E along the East line of <br />said quarter Section a distance of 1326.02 feet to the North <br />line of Sunnyslope 3rd Subdivision; <br />