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REGULAR MEETING AUGUST 27, 2001
<br />Part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 36 North, Range 2 East, Centre
<br />Township, St. Joseph County, Indiana, described as follows:
<br />Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly
<br />right of way line of Kern Road; thence North 89 degrees - 29 feet - 4 inches West on the Southerly
<br />right of way line of Kern Road, a distance of 311.00 feet; thence South 00 degrees - 18 feet - 32
<br />inches West, a distance of 294.87 feet; thence South 89 degrees - 09 feet -17 inches East, a distance
<br />of 222.81 feet to the Westerly right of way line of U.S. Highway 31; thence North 16 degrees - 54
<br />feet - 34 inches East on said West right of way line, a distance of 308.70 feet to the point of
<br />beginning.
<br />Together with the following described tract:
<br />Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly
<br />right of way line of Kern Road; thence Westerly on the Southerly right of way line of Kern Road to
<br />the Northwest corner of the above described tract; thence North to the Northerly right of way line
<br />of Kern Road; thence Easterly on the Northerly right of way line of Kern Road to the Westerly right
<br />of way line of U.S. Highway 31 and the Westerly corporation line of the City of South Bend; thence
<br />South on said Westerly line to the point of beginning.
<br />The area of the described tract is 2.145 acres, more or less.
<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, and
<br />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 existing water and sewer mains are sufficient to service this area, that existing
<br />streets will appropriately provide for public access, and that the developer will provide street lighting
<br />at its costs subject to 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, Planning & Neighborhood Development, Community &
<br />Economic Development, 12'h Floor, County -City Building, South Bend, Indiana, made the
<br />presentation for this Resolution.
<br />Mr. Magliozzi advised that this Resolution contains the Fiscal Plan for the annexation that the
<br />Council considered earlier this meeting for the Arby's site at the southwest corner of Kern and U.S.
<br />31 South. The Police Department, Fire Department, Department of Code Endorsement and Street
<br />Department all recommended approval indicating that they could provide services within their
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