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HomeMy WebLinkAboutFiscal Plan for Villas at Lake Blackthorn Annexation Area & East Side of 24545 Brick Rd. in German TownshipAttest: RESOLUTION 3113 -02 Passed by the Common Council of the City of South Bend, Indiana August 26, 20_. 02 Presented by me to the Mayor of the City of South Bend, Indiana 93 WAR City Clerk President of Common Council Approved and signed by me August 28, Deputy Mayor /Acting Executive 02 20— City Clerk M RESOLUTION NO. 3 113-0-2— A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (THE VILLAS AT LAKE BLACKTHORN ANNEXATION AREA A/K/A VACANT LAND ADJACENT TO THE NORTH AND EAST SIDE OF 24545 BRICK ROAD, ALONG THE WEST SIDE OF THE 31 BYPASS RAMP FROM /TO THE CLEVELAND/BRICK ROAD EXIT) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 38.08 acres of vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately 41.6% contiguous to the current City limits, which property is located north of Brick Road and east of Orange Road in St. Joseph County, Indiana. This annexation area is intended to be used as a residential subdivision development. Accordingly, the annexation territory will require abasic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt; and WHEREAS, this Annexation Area was initially and preliminarily named the Westwood Annexation Area which is how it was identified in Resolutions by the Board of Works and Board of Safety, but has been renamed The Villas at Lake Blackthorn, so that all references to the Westwood Annexation Area shall be deemed to relate to The Villas at Lake Blackthom Annexation Area. Moreover, when the Petition for Annexation was filed with this Council the annexation area was identified as 'vacant land adjacent to the north and east side of 24545 Brick Road, along the west side of the 31 bypass ramp from/to the Cleveland/Brick Road exit." The foregoing description shall be deemed to be the equivalent of the Villas at Lake Blackthorn. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER "; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast comer of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast comer of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat ofRighter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A ", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A ", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of a non - tangent curve, being the northerly right -of -way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right -of -way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the Fiscal Plan described in Exhibit "A ", attached hereto and made apart hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that the City of South Bend will extend at its expense a sewer main line along the north boundary of the proposed development to Orange Road, to be paid from the Tax Incremental Finance Account (TIF) and not from the City's sewer fund, and that all or most other capital improvements required to service the annexation area will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and after its date of adoption by the Common Council and approval by the Mayor. Member, South Bend Common /Council PRISENTE6. g' 2b - '3Z. Filed In Clark's Office NOT APPROVED =AU62-Ia? ADOPTED 0 �Z b� ©� LOEETTAJ. MM 017YCLEM 80. BEND, IN. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 02 -61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (THE VILLAS AT LAKE BLACKTHORN ANNEXATION AREA A/K /A VACANT LAND ADJACENT TO THE NORTH AND EAST SIDE OF 24545 BRICK ROAD, ALONG THE WEST SIDE OF THE 31 BYPASS RAMP FROM /TO THE CLEVELAND /BRICK ROAD EXIT) Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman