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8. In the 1980's, petitioners acquired the land on which their residence is situated by <br />purchase of a portion of the larger Isaac Walton League Annexation Area, and the residence itself <br />was constructed in the 1980's; prior to that time the annexation territory was completely rural in <br />nature and did not require extensive investment in water or sewer services. <br />9. The extension of water and sewer utilities for use by one resident is cost prohibitive. <br />The physical location of any extended utility would be within the unincorporated right-of-way with <br />little opportunity to recoup extension costs from adjacent property owners. <br />I0. The lack ofan approved water supply greatly limits the ability for the South Bend Fire <br />Department to provide services that are comparable to the services provided to other parts of the <br />City. <br />11. The residence in question is the only residence within the City limits for <br />approximately one square mile, the nearest residence being approximately one mile west at the <br />intersection of Cleveland Road and Riverside Drive, <br />12. The area sought to be disannexed also includes a portion of Cleveland Road which <br />portion will not service any part of the City of South Bend once this disannexation of the Weaver <br />real estate is approved. This portion of Cleveland Road is not on the City of South Bend's inventory <br />of streets that the Indiana Department of Transportation (INDOT) certifies for the City gas tax <br />distributions. <br />CONCLUSIONS OF LAW <br />Accordingly, The South Bend Board of Public Works now makes the following conclusions <br />Of law: <br />A. This Board has jurisdiction to determine this petition for disannexation pursuant to <br />I.C. 36-4-3-17. <br />B. Disannexation of any part of real property previously annexed to the City of South <br />Bend should not be ;ranted without good cause. <br />C. Substantial cause exists to grant this disannexation petition because of the unusual, <br />unique configuration of the subject real estate, the history of the original annexation, and the <br />considerable distance between the subject realty and existing water, sewer and fire hydrants, which <br />renders the City unable without substantial cost to provide water, sewer, and fire protection to the <br />subject real estate consistent with the manner in which such services are provided elsewhere in the <br />City. <br />D. Disannexation of the annexed subject real estate will not harm nor jeopardize the <br />City's plans for growth and development in the annexed area adjacent to and or contiguous with the <br />subject realty. <br />