Laserfiche WebLink
n+ <br />`~ y REGULAR MEETING <br />SEPTEMBER 11, 2006 <br />7. South Bend has not extended utilities through the disannexation area <br />described in Exhibit " 2", and disannexation will have no negative impact on the City's <br />water or sewer network. <br />8. The Petitioner/CJniversity constructed a road network near the area to be <br />disannexed which has been a great relief to traffic congestion and safety that had <br />previously been a problem in the area. <br />9. The remaining original annexation area is unaffected by this request. <br />10. Disannexation of the real estate described in Exhibit "1" will not <br />jeopardize the City of South Bend's plans for growth and development in this area. <br />11. The most appropriate St. Joseph County zoning for the described area after <br />disannexation is "U" University. <br />CONCLUSIONS OF LAW <br />Accordingly, The South Bend Board of Public Works now makes the following <br />conclusions of law: <br />A. This Board has jurisdiction to determine this petition for disannexation <br />pursuant to I.C. 36-4-3-17. <br />B. Disannexation of any part of real property previously annexed to the City <br />of South Bend should not be granted without good cause. <br />C. Substantial cause exists to grant this disannexation petition because the <br />real estate is uniquely located near the University of Notre Dame main campus and is <br />proposed for use as a campus "Town Common' ; it has always been and is planned to be <br />used hereafter for non-prof t purposes so that disannexation will not affect South Bend's <br />tax basis; and South Bend has not extended utility lines through the disannexation area. <br />D. Disannexation of the annexed subject real estate will not harm nor <br />jeopardize the City's plans for growth and development in the annexed area adjacent to <br />and or contiguous with the subject realty. <br />E. No remonstrators have appeared to object to this disannexation petition. <br />IT IS, THEREFORE, RESOLVED AND ORDERED that the following described <br />real estate is disannexed from and is no longer part of the corporate limits of the City of <br />South Bend, St. Joseph County, Indiana: <br />A PART OF THE NORTHEAST QUARTER OF SECTION 1, <br />TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. <br />JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY <br />DESCRIBED AS: BEGINNING AT A POINT' OF INTERSECTION OF <br />THE CENTERLINE OF ANGELA BOULEVARD WITH THE <br />NORTHEAST CORNER OF SAID NORTHEAST QUARTER AS SAID <br />CENTERLINE IS DESCRIBED IN ORDINANCE NO. 3993-54; <br />THENCE SOUTHWESTERLY ALONG SAIll CENTERLINE AS <br />DESCRIBED IN SAID ORDINANCE A DISTANCE OF 240 FEET <br />MORE OR LESS TO A POINT OF INTERSECTION OF SAID <br />CENTERLINE WITH THE WEST PROPERTY LINE OF A PARCEL <br />OF GROUND DESCRIBED AS TAX KEY NO. 18-5123-4392.03 IN <br />THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA <br />AUDITOR'S OFFICE; THENCE SOUTH ALONG THE WEST LINE OF <br />SAID TAX PARCEL AND THE WEST LINE OF A PARCEL OF <br />GROUND IDENTIFIED AS TAX KEY 18-5123-4392.02 TN SAID <br />AUDITOR'S RECORDS A DISTANCE OF 390 FEET MORE OR LESS <br />TO A POII~IT ON THE NORTHERLY RIGHT-OF-WAY LINE OF <br />EDISON ROAD SHOWN AS STATION NO. 55+49.62, AS SAID LINE <br />t <br />1 <br />1 <br />