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CITY of SOUTH BEND <br />PETER J. NEMETH, Mayor <br />COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 <br />December 14, 1977 <br />Thomas J. Brunner, Jr. 219/284 -9241 <br />City Attorney <br />Robert M. Parker <br />Chief Deputy <br />South Bend Common Council <br />4th Floor Council Chambers <br />County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, Indiana 46601 <br />Dear Council Members: <br />The attached ordinance represents a petition for voluntary annex - <br />ation of approximately 75 acres located in Penn Township east of <br />Ironwood Road, south of Inwood and north of Ireland. The owner <br />of 100% of the territory sought to be annexed has signed the <br />petition and a contract setting forth the terms of the annexation <br />has been entered into by the Owner, Developer and the City acting <br />through its Board of Public Works. <br />The developer proposes to construct a garden apartment complex in <br />the territory and wishes to avail himself of the City water, <br />storm water disposal through retention basins and sanitary sewer <br />service. <br />Rezoning of the land will be necessary for the type of development <br />desired and a proposed site plan has been prepared by the developer <br />which will be submitted along with the rezoning proposal. <br />In the event that the rezoning is not granted or the site plan is <br />not approved in substantially the form in which it is presented, <br />the developer would not be able to develop the land 'and the owner <br />would be put at a substantial disadvantage by having the property <br />annexed. Therefore, a resolution has been prepared which provides <br />in the event of those contingencies for a petition to be filed by <br />the owner for disannexation of the land. The resolution expresses <br />the intent of the City that in such event it would have no <br />objection to a disannexation of the territory. <br />Sincerely, <br />Robert P 'ker�G "� <br />Chief Deput City Attorney <br />RMP:az <br />