11-14-05 Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 14, 2005 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 three (3) 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 the written fiscal plan as amended 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. 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 following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE NORTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH, RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C-2, IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1844.50 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF CHEROKEE GARDENS AND THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 55 MINUTES 03 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 190.73 FEET TO A POINT ON A RIGHT-OF-WAY TAKING FOR THE ST. JOSEPH VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID RIGHT-OF-WAY TAKE: 1) NORTH 84 DEGREES 29 MINUTES 13 SECONDS WEST, A DISTANCE OF 930.73 FEET, 2) NORTH 87 DEGREES 55 MINUTES 00 SECONDS WEST, A DISTANCE OF 336.27 FEET, 3) SOUTH 83 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 873.21 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID NORTH RIGHT-OF- WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ADAMS ROAD AND THE NORTHEAST CORNER OF A PARCEL DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 360.65 FEET TO THE EAST LINE OF ORANGE ROAD AS DESCRIBED UNDER A WARRANTY DEED AS RECORDED IN INSTRUMENT NUMBER 0421988 IN THE OFFICE OF RECORDER; THENCE SOUTH 02 DEGREES 22 MINUTES 07 SECONDS WEST, 4