10/14/85 Board of Public Works Minutes

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REGULAR MEETING WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana''46614 Bid was signed by -Thomas 0. Quinn, Assistant Secretary, order and a 5% Bid Bond was OCTOBER 14, 1985 BID: $9,106.50 Walsh, -President and John,-.&. Non -Collusion Affidavit was in - submitted. Upon a motion made by Mr. Leszczynski seconded by_Mr. Vance and carried, the above bids were referred to --the Engineering Department for review and recommendation. FILING OF PETITION FOR DISANNEXATION OF REAL ESTATE FROM THE CITY OF SOUTH BEND (INW'OOD ROAD) Mr. Leszczynski advised that Mr. Warren E. McGill, Barnes & Thornburg,600'lst-Source Bank Center,-100 North Michigan Street, South Bend, Indiana,''Counsel for Petitioner, Indiana Franklin, Realty, Inc.,_by Mr. R.C:°Menge, Vice -President, submitted to the Board" for` � f iling'' a Petition for Disann'exation� of Real Esta.te;,fxom the City of South Bend. _ The Petition states that Indiana Franklin Realty, Inc. is the owner of one -hundred percent (100%) of the real-estate annexed to the City of South Bend by Ordinance No. 7446-85 which was passed by the Common Council on May 13, 19,85:and which realty -is. situated in Penn Township-, St. Joseph -County, and is_adjacen,t.to, and contiguous with the corporate boundaries. -of . the City.; of South - Bend and more particularly described as follows: A parcel of land located in the SW 1/4 of Section 20, T 37N R 3E, St. Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4.of Section 20, T 37N R 3E of the Second Prinicipal Meridian.; -thence S 89 37'07"W along the present city limits a distance of 1200.00 feet;' thence N 00 04128" E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of-435.60 feet thence East a-longthe present city limits a distance of 1140.38 feet; thence S 00 04128" W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. Pursuant to the provisions of Indiana Code 36-4-3-17, Indiana Franklin Realty included as part of the Petitionea plat of:the territory sought to be disannexed. It was noted that-the'real estate concernedInthis-Petition .was - originally annexed to the City for the purpose of the construction and use thereon of a garden apa'rtment.-complex but` the Common Council failed to approve) -an _ordinance to zone such real estate to-permit=such use under -applicable zoning ordinances and by virtue thereof; it is not possible to legally accomplish the purposes and objectives of such annexation. Therefore, Indiana Franklin Realty, Inc., requests the Board to disannex all of the land covered by the Petition as described from the boundaries of the City of South Bend, in order that after such disannexation such land will be located outside of.the boundaries of the City of South Bend. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Petition as submitted was accepted for filing. �7 1