09/11/06 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 11, 2006 Utilities on the property will not be dislocated and utilities near the site will not be affected. The original annexation area will be unaffected by this. Notre Dame is not requesting any City services be provided. Community and Economic Development staff do not object to the approval of this disannexation. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. A transcript and certification by the Clerk of the Board of Public Works was also ' prepared. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the disannexation was approved. ADOPT RESOLUTION NO. 45-2006 - GRANTING PETITION FOR DISANNEXATION Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION N0.45-2006 RESOLUTION AND ORDER OF BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA GRANTING PETITION FOR DISANNEXATION The Board of Public Works at its meeting held September 11, 2006, conducted a public hearing on the Petition for Voluntary Disannexation of Certain Property Currently Located in the City of South Bend, Indiana filed by the University of Notre Dame Du Lac. This Petition concerns approximately 2.28 acres of vacant real estate located north of Edison Road/Angela Boulevard, and south of (and including) vacated Angela Boulevard in Portage Township, St. Joseph County, Indiana. 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 pursuant to Indiana Code § 36-4- 3-17 by the University of Notre Dame Du Lac pertaining to vacant real estate located north of Edison Road/Angela Boulevard, and south of (and including} vacated Angela Boulevard, Portage Township, St. Joseph County, Indiana. Public hearing was conducted pursuant to public notice and was held on September 11, 2006 for the purpose of hearing any remonstrances and objections from interested persons. 2. The property sought to be subdivision; it is located in an unplatted unimproved, unpopulated acres of land. disannexed is not part of a division or area, and it contains approximately 2.28 3. The property sought to be disannexed is closely proximate to the primary campus of the University of Notre Dame Du Lac and is sought to be used by the Petitioner/LJniversity as a "Town Common" for its main campus. 4. Disannexation of the real estate described in Exhibit "1" hereto will support the future growth and expansion of the University of Notre Dame Du Lac and will help assure that the main campus will remain in St. Joseph County, Indiana. ' S. The proximity of the Notre Dame main campus to the City of South Bend is a direct benefit to the City of South Bend, and retention of the Notre Dame main campus in its present location is in the best interests of South Bend. 6. Since the time of its incorporation into the City of South Bend in 1954, the property sought to be disannexed has been used continuously for institutional, non-profit purposes which is expected to continue for the indefinite future, and therefore disannexation will have no adverse effect on South Bend's tax base. 3J9