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REGULAR MEETING JANUARY 9, 2006
<br />Joseph County, Indiana, be annexed to the City of South Bend:
<br />THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15
<br />AND PART OF THE NORTHWEST QUARTER OF SECTION 22,
<br />BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
<br />TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
<br />DESCRIBED AS:
<br />BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION
<br />15; THENCE NORTH (ALL BEARINGS ASSUMED) ALONG THE
<br />WEST LINE OF SAID SECTION 15, 20 FEET MORE OR LESS TO A
<br />POINT OF INTERSECTION WITH THE NORTH LINE OF BRICK
<br />ROAD EXTENDED WEST; THENCE EAST ALONG SAID
<br />EXTENSION AND THE NORTH LINE OF BRICK ROAD, 1,320 FEET
<br />MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE
<br />SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH
<br />ALONG SAID EAST LINE AND THE EAST LINE OF THE WEST
<br />HALF OF THE NORTHWEST QUARTER OF SAID SECTION 22,
<br />449.5 FEET MORE OR LESS TO THE NORTH LINE OF THE PLAT
<br />OF "PORTAGE MANOR" AS RECORDED IN THE RECORDS OF
<br />THE ST. JOSEPH COUNTY RECORDER'S OFFICE; THENCE
<br />ALONG THE NORTH LINE OF SAID PLAT AND IT'S WESTERLY
<br />EXTENSION, 1,140 FEET MORE OR LESS TO THE EASTERLY
<br />LINE OF PORTAGE ROAD; THENCE N. 20° -21'-19" W. ALONG
<br />SAID EASTERLY LINE 319.09 FEET MORE OR LESS; THENCE S.
<br />69°-38'-41" W., 70.00 FEET MORE OR LESS TO THE WEST LINE
<br />OF SAID SECTION 22; THENCE NORTH ALONG SAID WEST LINE,
<br />129.38 FEET MORE OR LESS TO THE PLACE OF BEGINNING.
<br />Section IL It shall be and hereby is now declared and established that it is the
<br />policy of the City of South Bend, to furnish services to said territory of anon-capital
<br />nature, such as police and fire protection, street and road maintenance, sewage collection,
<br />street sweeping, flushing, and snow removal, within one (1) year of the effective date of
<br />the annexation, in a manner equivalent in standard and scope to the services furnished by
<br />the City to other areas of the City regardless of similar topography, patterns of land use,
<br />or population density; and to furnish to said territory services of a capital improvement
<br />nature, such as street and road construction, street lighting, a sanitary sewer extension, a
<br />water distribution system, a storm water system, and drainage plan, within three (3) years
<br />of the effective date of the annexation in the same manner as those services are provided
<br />to areas within the corporate boundaries of the City of South Bend regardless of similar
<br />topography, patterns of land use, or population density, and in a manner consistent with
<br />federal, state and local laws, procedures, and planning criteria.
<br />Section III. The Common Council for the City of South Bend shall and does
<br />hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached
<br />hereto and made a part hereof, for the furnishing of said services to the territory to be
<br />annexed, which Fiscal Plan provides among other things, that an extension of the sanitary
<br />sewer network now being constructed to Brick Road by "The Oaks" subdivision
<br />developer will be extended from that point to the annexation territory at its developer's
<br />expense; that if a new water main line is required, it will be at the developer's expense;
<br />that street lighting on Portage Avenue should be adequate for illumination; that if new
<br />public streets or other rights of way are needed, they will be installed at the developer's
<br />expense, and that drainage facilities will be constructed by and at the expense of the
<br />developer; and which Fiscal Plan further provides for additional development standards
<br />under Section IV Development Criteria on Page 9.
<br />Section IV. This Resolution shall be in full force and effect from and of its date
<br />of adoption by the Common Council and approval by the Mayor.
<br />s/Timothy A. Rouse
<br />Member of the Common Council
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