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REGULAR MEETING OCTOBER 9, 2006
<br />degrees 39 minutes 38 seconds West 96.92 feet along said south line to the point
<br />designated "3" on said Exhibit "B"; thence North 89 degrees 39 minutes 08 seconds West
<br />412.41 feet along said south line to the point of beginning and containing 0.427 acres,
<br />more or less, inclusive of the presently existing right-of-way which contains 0.234 acres,
<br />more or less, for a net additional taking of 0.193 acres, more or less.
<br />Parcel 4 Fee
<br />A part of the Southwest Quarter of Section 18, Township 38 North, Range 2 East,
<br />German Township, St. Joseph County, Indiana, and being that part of the grantor's land
<br />lying within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat
<br />marked Exhibit "B", described as follows: Commencing at the southeast corner of said
<br />quarter section, designated as point "459" on said Exhibit "B"; thence North 89 degrees
<br />39 minutes 38 seconds West 835.34 feet (distance quoted from Inst. #7715202) along the
<br />south line of said quarter section to the prolonged west boundary of Orange Road; thence
<br />North 0 degrees 05 minutes 53 seconds East 87.81 feet (distance quoted from Inst.
<br />#7715202) along the prolonged west boundary of said Orange Road to the north
<br />boundary of Brick Road; thence North 89 degrees 48 minutes 28 seconds West 68.29 feet
<br />(distance quoted from Inst. #7715202) along the north boundary of said Brick Road to the
<br />northwestern boundary of said Brick Road; thence South 70 degrees 14 minutes 24
<br />seconds West 65.86 feet (distance quoted from Inst. #7715202) along said northwestern
<br />boundary to the point designated "10062" on said Exhibit "B" and the point of beginning
<br />of this description; thence South 70 degrees 14 minutes 24 seconds West 130.95 feet
<br />along said northwestern boundary to the north boundary of said Brick Road; thence North
<br />89 degrees 39 minutes 38 seconds West 135.83 feet (distance quoted from Inst.
<br />#7715202) along said north boundary to the west line of the grantor's land; thence North
<br />0 degrees 05 minutes 53 seconds East 32.97 feet along said west line to the line between
<br />the point designated "3015" and the point designated "3016" on said Exhibit "B"; thence
<br />North 86 degrees 38 minutes 27 seconds East 186.48 feet along said line to said point
<br />"3016"; thence South 89 degrees 39 minutes 38 seconds East 72.84 feet to the point of
<br />beginning and containing 0.178 acres, more or less.
<br /> Section II. That it shall be and hereby is now declared and established that it is
<br />the policy of the City of South Bend, by and through its Board of Public Works, to
<br />furnish to said territory services of a non-capital nature, such as police and fire protection,
<br />street and road maintenance, street sweeping, flushing, and snow removal, within one (1)
<br />year of the effective date of the annexation in a manner equivalent in standard and scope
<br />to services furnished by the City to other areas of the City regardless of similar
<br />topography, patterns of land utilization, and population density; and to furnish to said
<br />territory, services of a capital improvement nature such as street and road construction, a
<br />street light system, a sanitary sewer system, a water distribution system, a storm water
<br />system and drainage plan, within three (3) years of the effective date of the annexation in
<br />the same manner as those services are provided to areas within the corporate boundaries
<br />of the City of South Bend regardless of similar topography, patterns of land use, or
<br />population density.
<br /> Section III. That the South Bend Common Council shall and does hereby now
<br />establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part
<br />hereof, for the furnishing of said services to the territory to be annexed, which provides,
<br />among other things, that the public sanitary sewer and water network is available with
<br />capacity sufficient to service this area; that street lighting, parking and will be installed at
<br />the developer's expense; and that a street drainage plan will be also be planned, provided
<br />and paid for by the developer subject to compliance with state and local law.
<br /> Section IV. In consideration of pedestrian safety and proper vehicular movement,
<br />it is required as a condition of annexation that the developers give very careful
<br />consideration to vehicular access and circulation as well as pedestrian movement for the
<br />developments within the annexation area. If possible, the site should include open space
<br />that could be linked in the future to other areas nearby as part of a larger multi-use
<br />path/open space network. It should also be required that neo-traditional building/site
<br />design elements be included in terms of context, setback, orientation, spacing, style,
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