05-09-05 Council Meeting Minutes

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REGULAR MEETINGMAY 9, 2005 SAID COUNTY, A DISTANCE OF 1337.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 356.28 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST ALONG THE EAST BOUNDARY OF KERN ROAD ESTATES, SECTION TWO, AS RECORDED UNDER INSTRUMENT NUMBER 7826178 AND A PARCEL OF LAND AS DESCRIBED UNDER WARRANTY DEED 8012383, BOTH RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1031.50 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED UNDER INSTRUMENT NUMBER 0035390 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE RESPECTIVE BOUNDARY LINE OF SAID PARCEL: (1) SOUTH 89 DEGREES 04 MINUTES 47 MINUTES EAST, A DISTANCE OF 138.05 FEET; (2) THENCE NORTH 00 DEGREES 10 MINUTES 52 SECONDS EAST, A DISTANCE OF 346.11 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF KERN ROAD ALSO BEING ON THE SOUTH LINE OF LOT 2 OF WALNUT FARMS AS RECORDED UNDER INSTRUMENT NUMBER 9837229 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 2 AND LOT 10 OF SAID WALNUT FARMS ALSO BEING PARALLEL TO THE NORTH LINE OF SAID SECTION TWO, A DISTANCE OF 218.24 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.17 ACRES, MORE OR LESS. 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, sewage collection, 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, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) 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 as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that the developer will extend the sewer network at its expense from the Lafayette Falls Phase Two Subdivision through the new annexation area; that the water main within the Lafayette Falls development will adequately serve the annexation area until full development of the annexation area when it will be necessary to install a water main along Kern Road to loop the service; that the developer will plan, provide, and pay for construction of new public streets and installation of street lighting subject to compliance with state and local law; and that a drainage plan will be addressed through the subdivision process. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council 8