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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. <br />