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

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CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RE: PETITION OF MARK A. WEAVER ) AND DEBRA E. WEAVER TO ) SS DISANNEX REAL ESTATE 1 ORDER APPROVING DISANNEXATION The Board of Public Works at its meeting held February Elm 2002, conducted a hearing on the petition to disannex real estate filed by Mark A. Weaver and Debra E. Weaver, concerning real property located at 20090 Brookwood Drive, South Bend, Indiana. A full legal description and map of the real property sought to be disannexed is attached hereto and incorporated herein as Exhibit "I". The Board, having heard the evidence now makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The Petition for Disannexation was filed by the owners of the property commonly known as 20090 Brookwood Drive, South Bend, Indiana, pursuant to I.C. 36- 4 -3 -17. 2. The property sought to be disannexed is not part of a division or subdivision; it is located in an unplatted area, and it contains approximately 10.49 acres. 3. The property sought to be disannexed is part of a larger 144 acre annexation area originally owned by the Isaac Walton League and brought within the City of South Bend in 1965 under Ordinance No. 4775 -65; the remaining original annexation area is unaffected by this disannexation petition. 4. The owners of the property proposed to be disannexed also own a contiguous parcel of real estate which is outside the City of South Bend's (City) corporate limits; the parcel containing the owners' residence is located within the City limits and constitutes the majority of the total real estate sought to be disannexed. 5. Access to the petitioners' residential real estate is solely through Brookwood Drive located in unincorporated Clay Township. 6. The water main nearest to the subject real estate is approximately 2,100 feet away at the intersection of Darden Road and Brookwood Drive which intersection is also the location of the nearest water hydrant. 7. The nearest sewermain line is approximately 2,000 feet away from the disannexation property at the intersection of Cleveland Road and the old inter -urban railway line.