REGULAR MEETING
<br />AUGUST 26. 2002
<br />described in Instrument Number 101065, as recorded in the office of said Recorder;
<br />thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet;
<br />thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence
<br />South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the
<br />southeast corner of land described in Instrument Number 8717366, as recorded in the
<br />office of said Recorder; thence along the east line of said land, North 0 degrees 15
<br />minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said
<br />land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence
<br />North 0 degrees 03 minutes 20 seconds West, a distance of 5 00. 00 feet; thence North
<br />89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0
<br />degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89
<br />degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees
<br />03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57
<br />minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes
<br />20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04
<br />seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds
<br />West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the
<br />replat of Righter's Orange Road Minor Subdivision, described in Instrument Number
<br />8525803, as recorded in the office of said Recorder; thence along the south line of
<br />said Lot "A ", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet;
<br />thence along the east line of said Lot "A ", North 0 degrees 03 minutes 20 seconds
<br />West, a distance of 292.71 feet to the point of curvature of a non - tangent curve, being
<br />the northerly right -of -way of Orange Road, concave to the North, having a radius of
<br />295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of
<br />115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along
<br />said northerly right -of -way curve, a distance of 115.99 feet; thence South 0 degrees
<br />11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot
<br />1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as
<br />recorded in the office of said Recorder and the northwest corner of land described in
<br />Instrument Number 9331954, as recorded in the office of said Recorder; thence along
<br />the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes
<br />04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49
<br />seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south
<br />half of said Section 18 and the POINT OF BEGINNING.
<br />Section II. It shall be and hereby is now declared and established that it is the policy of the
<br />City of South Bend, to furnish services to said territory of a non - capital nature, such as police and
<br />fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one
<br />(1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the
<br />services furnished by the City to other areas of the City regardless of similar topography, patterns
<br />of land use, or population density; and to furnish to said territory services of a capital improvement
<br />nature, including street and road construction, street lighting, a sanitary sewer extension, a water
<br />distribution system, and a storm water system, within four (4) years of the effective date of the
<br />annexation in the same manner as those services are provided to areas within the corporate
<br />boundaries of the City of South Bend regardless of similar topography, patterns of land use, or
<br />population density, and in a manner consistent with federal, state and local laws, procedures, and
<br />planning criteria.
<br />Section III. The Common Council for the City of South Bend shall and does hereby now
<br />establish and adopt the Fiscal Plan described in Exhibit "A ", attached hereto and made apart hereof,
<br />for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among
<br />other things, that the City of South Bend will extend at its expense a sewer main line along the north
<br />boundary of the proposed development to Orange Road, to be paid from the Tax Incremental
<br />Finance Account (TIF) and not from the City's sewer fund, and that all or most other capital
<br />improvements required to service the annexation area will be planned, provided, and paid for by the
<br />developer subject to compliance with state and local law.
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