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REGULAR MEETING
<br />MAY 24, 2004
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
<br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section I. It is in the best interest of the City of South Bend and the area proposed
<br />to be annexed that the real property located in Portage Township, St. Joseph County,
<br />Indiana described more particularly as follows, be annexed to the City of South Bend:
<br />THAT PART OF THE NORTHWEST, NORTHEAST AND SOUTHEAST
<br />QUARTERS OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE
<br />TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
<br />BEING LOT # 1 OF THE PLAT OF "MATTHYS MAYFLOWER ROAD SECOND
<br />MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 0262648 IN THE
<br />RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE,
<br />TOGETHER WITH A PARCEL OF GROUND DESCRIBED AS: BEGINNING AT
<br />THE NORTHEAST CORNER OF SAID LOT # 1 OF THE PLAT OF SAID OF
<br />"MATTHYS MAYFLOWER ROAD SECOND MINOR SUBDIVISION "; THENCE N.
<br />890- 46' -31" E., 370.00 FEET TO THE EAST LINE OF SAID SECTION 17 AND THE
<br />EXISTING SOUTH BEND CITY CORPORATE LIMIT LINE; THENCE S. 00° -00'-
<br />02" E. ALONG SAID EAST LINE AND CORPORATE LINE, 447.90 FEET TO THE
<br />EAST QUARTER POST OF SAID SECTION 17; THENCE CONTINUING ALONG
<br />SAID EAST LINE, S. 000- 15' -11" E., 152.10 FEET; THENCE S. 890- 46' -31" W.,
<br />370.67 FEET TO THE EAST LINE OF SAID LOT # 1; THENCE N. 000- 00' -02" W.
<br />ALONG SAID EAST LINE, 600.00 FEET TO THE POINT OF BEGINNING, AND
<br />ALSO TOGETHER WITH A PARCEL OF GROUND DESCRIBED AS: BEGINNING
<br />AT THE NORTHWEST CORNER OF SAID LOT # 1 OF THE PLAT OF "MATTHYS
<br />MAYFLOWER ROAD SECOND MINOR SUBDIVISION "; THENCE S. 000- 05' -56"
<br />W. ALONG THE EAST RIGHT -OF -WAY LINE OF MAYFLOWER ROAD, 82.06
<br />FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT # 1; THENCE N. 80°-
<br />26'-28" W., 70.97 FEET; THENCE S. 890- 46' -31" W., 80.00 FEET MORE OR LESS
<br />TO THE WEST RIGHT -OF -WAY LINE OF MAYFLOWER ROAD; THENCE N. 00 °-
<br />05'-56" E. ALONG SAID WEST LINE 70.00 FEET MORE OR LESS TO THE
<br />EXISTING SOUTH BEND CORPORATE LIMIT LINE; THENCE N. 890- 46' -31" E.
<br />ALONG SAID LINE, 150.00 FEET MORE OR LESS TO THE POINT OF
<br />BEGINNING.
<br />CONTAINING 26.17 ACRES MORE OR LESS.
<br />Section II. 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 a non - 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, and a storm water system, within three (3) years of the
<br />effective date of the annexation in the same manner as those services are provided to
<br />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 except for the extension of
<br />Lombardy Drive, virtually all capital improvements required to service the annexation
<br />area will be planned, proved, and paid for by the developer subject to compliance with
<br />state and local law.
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