Annexing - North by Darden, West by river, South by Toll Rd, East by Brooktrails Sub & Disannextion

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8. In the 1980's, petitioners acquired the land on which their residence is situated by purchase of a portion of the larger Isaac Walton League Annexation Area, and the residence itself was constructed in the 1980's; prior to that time the annexation territory was completely rural in nature and did not require extensive investment in water or sewer services. 9. The extension of water and sewer utilities for use by one resident is cost prohibitive. The physical location of any extended utility would be within the unincorporated right -of -way with little opportunity to recoup extension costs from adjacent property owners. 10. The lack of an approved water supply greatly I im its the abi I ity for the South Bend Fire Department to provide services that are comparable to the services provided to other parts of the City. 11. The residence in question is the only residence within the City limits for approximately one square mile, the nearest residence being approximately one mile west at the intersection of Cleveland Road and Riverside Drive. 12. The area sought to be disannexed also includes a portion of Cleveland Road which portion will not service any part of the City of South Bend once this disannexation of the Weaver real estate is approved. This portion of Cleveland Road is not on the City of South Bend's inventory of streets that the Indiana Department of Transportation (INDOT) certifies for the City gas tax distributions. CONCLUSIONS OF LAW Accordingly, The South Bend Board of Public Works now makes the following conclusions of law: A. This Board has jurisdiction to determine this petition for disannexation pursuant to I.C. 36- 4 -3 -17. B. Disannexation of any part of real property previously annexed to the City of South Bend should not be granted without good cause. C. Substantial cause exists to grant this disannexation petition because of the unusual, unique configuration of the subject real estate, the history of the original annexation, and the considerable distance between the subject realty and existing water, sewer and fire hydrants, which renders the City unable without substantial cost to provide water, sewer, and fire protection to the subject real estate consistent with the manner in which such services are provided elsewhere in the City. D. Disannexation of the annexed subject real estate will not harm nor jeopardize the City's plans for growth and development in the annexed area adjacent to and or contiguous with the subject realty.