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REGULAR MEETING APRIL 9, 2001 <br />Section I. It is in the best interest of the City of South Bend and the area proposed to be <br />annexed that the real property located in Clay Township, St. Joseph County, Indiana, described more <br />particularly as follows, be annexed to the City of South Bend: <br />THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, <br />RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS <br />DESCRIBED AS: <br />BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE <br />NORTHEAST QUARTER OF SAID SECTION 32; THENCE S. 90 - 00' -00" W. (ALL <br />BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID QUARTER SECTION, 460.00 <br />FT. MORE OR LESS; THENCE N. 00 - 00' -00" E., ALONG THE EAST LINE OF TWO <br />PARCELS OF GROUND KNOWN AS TAX KEY IDENTIFICATION NUMBERS 02 -2023- <br />054805 AND 02- 2023 - 054813 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA <br />AUDITOR'S OFFICE, 420.00 FT. MORE OR LESS; THENCE N. 90 - 00' -00" E., 460.00 FT. <br />MORE OR LESS TO THE EAST <br />LINE OF SAID SECTION 32; THENCE S. 00 - 00' -00" W. ALONG SAID EAST LINE, 420.00 <br />FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.44 ACRES MORE OR <br />LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF <br />RECORD. <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, such as a sanitary sewer system, a water distribution system, street and road construction , <br />and a street lighting system, within four (4) years of the effective date of the annexation in the same <br />manner as those services are provided to areas within the corporate boundaries of the City of South <br />Bend regardless of similar topography, patterns of land use, or population density, and in a manner <br />consistent with federal, state and local laws, procedures, and 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 a part hereof, <br />for the furnishing of said services to the territory to be annexed, which fiscal plan provides among <br />other things, that the capital improvements required to service the annexation area will be planned, <br />provided, and paid for by the developer subject to compliance with state and local law. <br />Section IV. This Resolution shall be in full force and effect from and of its date of adoption <br />by the Common Council and approval by the Mayor. <br />s /Charlotte Pfeifer <br />Member, South Bend Common Council <br />Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends <br />it to the Council with a favorable recommendation. <br />Mr. Larry Magliozzi, Assistant Director, Division of Community Development, offices located in <br />the Trigon Building, South Bend, Indiana, made the presentation for this Resolution. <br />Mr. Magliozzi submitted replacement pages numbered eight (8) and nine (9) the Fiscal Plan. He <br />noted that this is a voluntary annexation in Clay Township consisting of over four (4) acres in area. <br />This annexation is unique in that this is a landlocked parcel on Juday Creek and is part of a larger <br />ownership. Mr. Magliozzi further noted that the petitioner could not bring in the entire ownership <br />at once since the contiguity requirements would not have been able to be met. Therefore, the <br />property will be phased into the City and this is the first piece. This piece of property is entirely in <br />