HomeMy WebLinkAbout#2741- Deed; CONSENT TO DISANNEXATION Section 23 T38N R2E intersects with west bankBoard of Public Works
City of South Bend
1316 County -City Building
South Bend, Indiana 46601
Attn: Ms. Angie Jacobs
Re: De -annexation of parcel on north side of South Bend.
Dear Ms. Jacobs,
November 10, 2001
I would like to submit this formal petition for de -annexation of the parcel
described in the legal description and shown on the enclosed plot plan. The parcel is not
serviced by any City of South Bend utilities (i.e.- water service or sanitary sewer).
Extending utilities to this site would be cost prohibitive and would not be practical. While
police and fire service has been offered, the South Bend Fire Department has stated they
will not be able to offer proper protection due to the lack of fire hydrants.
For the above stated reasons I am petitioning for de -annexation at this time. I will
be available to discuss this matter with the Board members at their convenience.
r
ly su ittee
eaver
okwood Drive
South Bend, Indiana 46637
LEGAL DEPARTMENT
INTEROFFICE MEMORANDUM
TO: GARY GILOT�
DIRECTOR OF PUBLIC WORKS
FROM: THOMAS L. BODNAR
ASSISTANT CITY ATTORNEY
RE: DISANNEXATION
w e"
DATE: December 10, 2001
The pertinent statute here, IC 36-4-3-17 gives us no guidance other than to do what is "just
and equitable". There has not been a case interpreting the statute since at least 1935, so we cannot look to
case law for guidance.
The first thing to note here is that notice must be given in accordance with IC 5-3-I. IC 5-
3-1-2(b) states that notice must be given one (1) time, at least ten (10) days before the hearinID
g. It is to be
published in two newspapers.
F:\HOME\JLEE\WPDATA\TLB\Nicrnos\Gilot.frm
Carl Littk-ell - Mark A. Weaver--Disannexation Petition
From: Aladean DeRose
To: Gary Gilot; Thomas Bodnar
Date: 1 /2/02 11:39AM
Subject: Mark A. Weaver--Disannexation Petition
Because city annexations are one of my areas of supervision, Tom Bodnar and I agreed that I would
represent the City's interest in Mr. Weaver's disannexation petition scheduled for the Board of Works
regular meeting on January 28, 2002. 1 will also draft the appropriate Order for the Board. in fact,
because this disannexation petition has been anticipated for awhile, and because I understand that this
particular disannexation is actually in the City's best interest, I have drafted a proposed order approving
the petition which I will send to you separately later.
However, I have a technical question or two. Does this disannexation property contain at least "one entire
block if platted" or at least one acre if not platted (I assume it is not platted)? The statute which provides
for a disannexation petition (IC 36-4-3-17)appears to contain minimum property requirements. Secondly,
if the property meets the quanitity test, I believe that Mr_ weavers co-owner (whom t presume is his wifa.
Debra E. Weaver) should join the petition to satisfy the 51% ownership test. She could probably Fite
something separately entitled Joinder in Disannexation Petition or something to that effect.
As for standards that might be applied hereafter, because there appears to be no case law precedent, I
think the best thing is to simply include all facts in the Order of Disannexation which show that this is a
unique, unusual situation so that it cannot be used as future precedent for disgruntled annexed property
owners.
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CC: Carl Littrell; Charles Leone
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
RE: PETITION OF MARK A. WEAVER }
AND DEBRA E. WEAVER TO ) SS
DISANNEX REAL ESTATE
ORDER APPROVING DISANNEXATION
The Board of Public Works at its meeting held February , 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 "1 ". The Board, having heard the evidence now makes the following findings of fact and
conclusions of law:
FINDINGS OF FACT
I . 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 sewer main line is approximately 2,000 feet away from the disannexation
property at the intersection of Cleveland Road and the old inter -urban railway line.
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.
I0. The lack ofan approved water supply greatly limits the ability 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 ;ranted 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.
E. No remonstrators have appeared to object to this disannexation petition
IT IS, THEREFORE, ORDERED that the following described real estate is disannexed from
and is no Ionger part of the corporate limits of the City of South Bend, St. Joseph County, Indiana:
Beginning at a point where the south section line of Section 23, T38N, R2E intersects
with the west bank of the St. Joseph River, thence east along the said section line to
a point 737 feet west of the southeast corner of said Section 23, thence North 573.5
feet, thence West 496.5 feet; thence South approximately 239 feet to the North right-
of-way of Cleveland Road, thence in a westerly direction along said right-of-way to
a point where the right-of-way intersects with the west bank of the St. Joseph River,
thence in a southerly direction along the west bank of said river to the point of
beginning.
Subject to all legal highways and easements of record.
SO ORDERED. Dated thisC J day of February, 2002.
SOUTH BEND BOARD OF PUBLIC WORKS
Gary Gilot, President
AL'ZI, '� ��
Donald Inks, Member
4 1
`,�ME
'i/�
Carl Littrell, Member
CERTIFICATION OF DISANNEXATION PROCEEDINGS
I, Angie Jacob, Clerk of the Board of Works of St. Joseph County, Indiana, hereby certify
that at the meeting of the Board of Public Works held February 25, 2002 there appeared Mark A.
Weaver, and Debra E. Weaver for public hearing on the matter of their Petition to Disannex Real
Property located at 20090 Brookwood Drive, South Bend, Indiana, including a portion of Cleveland
Road. Also appearing were Lawrence Magliozzi, Director of Planning, City of South Bend
Department of Community and Economic Development and Chief Assistant City Attorney Aladean
M. DeRose. No remonstrators appeared.
Mr. Magliozzi testified that all of the facts set forth in the Findings of Fact in the proposed
Order Approving Disannexation were true and accurate, and those Members of the Board who were
present and voting, unanimously adopted said Order which is attached hereto and which is certified
to be a true, correct, and complete copy of the Order approved by the Board of Public Works on
February 25, 2002, the original of which is on file in the office of the City of South Bend Board of
Public Works.
In witness whereof, I have set my hand this 25" day of February, 2002.
Angie Ja b, Cl k
City of South Bend
Board of Public Works
Parcel of Land owned by Mark A. & Debra E. Weaver
A parcel of land located in the south '/z of Section 23, Township 38 North, Range 2 East,
Clay Township, St. Joseph County, Indiana, described as follows:
Beginning at the northwesterly corner of said Lot 26 as shown on the recorded plat of
Section "B" Brooktrails; thence southwesterly along the westerly line of said Lot 26,
36.95 feet; thence southerly along said westerly line of Lot 26, 205.00 feet to the
northerly line of Cleveland Road; thence westerly along said northerly line of Cleveland
Road 280 feet, more or less, to the point of curvature of an 878.51 foot radius curve to the
left; thence westerly on and along said 878.51 foot radius curve, 480 feet, more or less, to
a point on a line 123324 feet west of the east line of said Section 23, said line being the
west line of a tract of land conveyed to Colpaert Realty Corporation by the Indiana Toll
Road Commission, by virtue of a special warranty deed dated February 21, 1962 and
recorded February 27, 1962 in Deed Record 624, Pages 370, 371, 372, and 373 in the
Office of the St. Joseph County, Indiana Recorder; thence northerly along said west line
of former Colpaert Realty Corporation tract 222 feet, more or less, to a point 573.5 feet
north of the south line of said Section 23, said point being the southwest cornerof a tract
of land conveyed to Achille C. Colparet by Benjamin and Nettie Barnett, husband and
wife, by virtue of a general warranty deed dated November 21, 1942 and recorded
December 1, 1942 in deed record 353, page 408, in said Office of the Recorder of St.
Joseph County, Indiana; thence east along the south line of said tract of land conveyed to
Achille C. Colpaert 659.20 feet to a point 64.86 feet west of the west line of said Lot 26;
thence 47 degrees 44 minutes and 27 seconds, 75.15 feet to a point on the southerly line
of Brooktrails Drive as shown on said recorded plat of Section "B" Brook -trails, 41.48
feet, arc measurement, northwesterly of the northwesterly corner of said Lot 26; thence
southeasterly along said southerly line of Brook -trails Drive 41.48 feet, arc measurement,
to the point of beginning.
Subject to all legal highways and easements of record.
1316 COUNTY -CITY BUILDING
SOUTH SEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
January 7, 2002
Mr. Mark Weaver
20090 Brookwood Drive
South Bend, Indiana 46637
RE: Public Hearing
Disannexation by Petition of Landowner(s)
Dear Mr. Weaver:
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works is in receipt of a request for Disannexation by Petition of
Landowner(s) from you for the parcel of property as described in the Notice.
Pursuant to the City of South Bend license ordinance requirements, a Public Hearing on the
application must be conducted by the Board.
The Board of Public Works has set the Public Hearing for 9:30 a.m., Monday,Janua 28
2002, in the Board of Public Works and Safety Hearing Room, Room 1316, 13th Floor, County -City
Building, South Bend, Indiana. You, or your designee, must be present to answer questions with
regard to the proposed disannexation.
If you have any questions, please call me.
Sincerely,
Angela . Jacob. C e k
Enclosure
NOTICE OF PUBLIC HEARING
NOTICE OF DISANNEXATION BY PETITION OF LANDOWNERS):
Notice is hereby given that the City of South Bend, Indiana, through its Board of Public
Works, will conduct a hearing of the disannexation of property on Monday, January 28,
2002, at 9:30 a.m. in the Board of Public Works Meeting Room, 227 West Jefferson, 131h
Floor, South Bend, Indiana.
In accordance with I.C. 36-4-3-17, a notice of petition as submitted by Mark Weaver, 20090
Brookwood Drive, South Bend, Indiana, has been filed with the Board of Public Works to
conduct a hearing and make a just and equitable order on the petition.
The parcel of property for proposed disannexation is as follows -
Pa reel of Land owned by Mark A. & Debra E. Weaver
A parcel of land located in the south '/2 of Section 23, Township 38 North, Range 2 East,
Clay Township, St. Joseph County, Indiana, described as follows:
Beginning at the northwesterly corner of said Lot 26 as shown on the recorded plat of
Section "B" Brooktrails; thence southwesterly along the westerly line of said Lot 26,
36.95 feet; thence southerly along said westerly line of Lot 26, 205.00 feet to the
northerly line of Cleveland Road; thence westerly along said northerly line of Cleveland
Road 280 feet, more or less, to the point of curvature of an 878.51 foot radius curve to the
left; thence westerly on and along said 878.51 foot radius curve, 480 feet, more or less, to
a point on a line 1233.24 feet west of the east line of said Section 23, said line being the
west line of a tract of land conveyed to Colpaert Realty Corporation by the Indiana Toll
Road Commission, by virtue of a special warranty deed dated February 21, 1962 and
recorded February 27, 1962 in Deed Record 624, Pages 370, 371, 372, and 373 in the
Office of the St. Joseph County, Indiana Recorder; thence northerly along said west line
of former CoIpaert Realty Corporation tract 222 feet, more or less, to a point 573.5 feet
north of the south line of said Section 23, said point being the southwest cornerof a tract
of land conveyed to Achille C. Colpaee by Benjamin and Nettie Barnett, husband and
wife, by virtue of a general warranty deed dated November 21, 1942 and recorded
December 1, 1942 in deed record 353, page 408, in said Office of the Recorder of St.
Joseph County, Indiana; thence east along the south line of said tract of land conveyed to
Achille C. Colpaert 659.20 feet to a point 64.86 feet west of the west line of said Lot 26;
thence 47 degrees 44 minutes and 27 seconds, 75.15 feet to a point on the southerly line
of Brooktrails Drive as shown on said recorded plat of Section "B" Brooktraits, 41.48
feet, arc measurement, northwesterly of the northwesterly corner of said Lot 26; thence
southeasterly along said southerly line of Brook -traits Drive 41.48 feet, arc measurement,
to the point of beginning.
Subject to all legal highways and easements of record.
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
Angela K. Jacob
Clerk, Board of Public Works
Publish one (1) time in the South Bend Tribune and Tri-County News
January 11, 2002
Board of Public Wnrl-
TRI COUNTY NEWS, INC.
POST OFFICE BOX 6666
SOUTH BEND, IN 46660-6666
TELEPHONE: (219)287-0285
Fax: (219) 282-1716
PROOF OF PUBLICATION that
State of Indiana, St. Joseph County, ss.: J.
Personally camebefore me, his e undersigned,
sign ids behalf�thatnthe Tn CoOunty News isa public newspaper f general
he is authorized to make lb h tan that
in the City of South Bend, in the aforesaid county and
circulation printed and published in the Eng g g was published in said newspaper.
state; that a notice of which the copy attached hereto is a true and correct copy,
l
I timc(s), the date of publication being as fo ows:
r
11111n')
Fee: $31.90
Subscribed and sworn to before me this I 1 lh day of January, 2UO2
Lisa 3. Andrysiak, Notary Public
Rosident,St.JosephCounty Zoos
My Commission expires February t 6,
.1vt14tt i:7rrtlu, 11tulttlla tuv.3 I
PROOF OF PUBLICATION
NOTICE OF PUBLIC 11EARr Cr NOTICE OF
LAN
DISANNEXATION By PBTI-
NION OF NDOIYNER(SJ:
e is here ivtrt
Bend.lnd• g that the City of South
will [� tluough its Bowdorpublic Works,
conduct a hearing or the disanncxalion of
properly on Monday. January 26, 2 2. annex ti 9:30
a� in
icfr O„f Public Works Matutg Room,
zn w
diana _ h 00,, South B
end In,
Inaccordance with I . 36-4_3_17, a notice of
B��OsuDri ic. o th Mark Wravtt, 20090
filed With the 6 South Brnd, indwu. has been
a hearing and mnlc ,of Public Works to conduct
the petition. Just and equitable order on
The parcel of property for
n propostd
disanncxation as follows:
Parcel of land owned by Mark A & Debra L
Weaver
A tared of land located in the south i
of Scc�
Township St. Jotscph Co �h. Range 2 E Is Clay
follows: y. Indiana. descnbtd
Beginningas shown on thenhwa[eriy comer orsaid Lot
26
Brooktry�- that recorded plat of Section •'g••
soulhwgyp glhcµYb,-
erly at, ngf said laid wot 26, 36.95 feet hence south•
feet to �Icrly Inc of Lot 26, 205.00
the[rce,vCvefonherly line of Cfeveand Road;
I�dRoad280f ongsaidnorIh_tylmeofCkve-
e78 more or less, to the point of
fch rh m ofan 878.51 foot radius curve 10 the
oot hcncecu �ferly On and along said 878,51
radius
PO
int o' a tin 480 feet, more or IC, fo a
e 1273.24 feet wear ofthc e4r, line
ofsat of land cortvd lint being the west line
ofa
Corporation by the Ind tano-Ycd to Colpaen Realty
siOn. by virtue or Jana
s Toll Road Cornmis-
February, 2.. 1962 Pecml warranty deed dared
1962 in Deed Record fit t ecordcd Fe�yy 27
InddianaIc line s
JRecordOhrnceh 3 a eph County,
t �f 222 feel. r Colpoen ReaitylCorp n8 Said
north or, so rht f n� i • to ° Aoint 573 S feet
Point being nc� southwest eo S�rion
rand conveyed ro A met o 23' said
Jamin and Nc„� chillc (•, f,, rod of
ber 21�1942eralnntY etd and fry ne._
andreeord dated 1'em.
died record 353 M ntee"I"' 1, -1 in Recorder of St - P Bt 408' 41 said Offiet
east al Jo1cph Court he the
ong thesoulh line t9. lod,ana thence
vt5MtoAchilkC ofsaidtraC[Of'and64,86 con•
hrnc47dclleslh1-t615ne2orsaid INonnt
grooktPoet rails to a point o nlhe soutth cconds,
of5 ion 13 t" 0""idrecodedplat
eClion "B•� B
suretrtent, northwesterly
41 48 feet. an,
'artier westerly of the meanl
o€saidLO126; thence so a nonhweatetlY
Sa IsoulherlylineofBrOoktrai[s taslerlyalong
arc nx'asuremcyq, 1. the �ve41.48 frxt,
Subject to all Ir po'n1 ofbtginning,
record 8a1 highways and eascrneng or
BOARDOF PUBLIC WORKS CITY OF SOUTH BEND INDIANA
Angela K. Jacob
FBoard of Public Works
or
Board of Public Works
City of South Bend
1316 County -- City Building
South Bend, Indiana 46601
Attn: Ms. Angie Jacobs
November 10, 2001
Re: De -annexation of parcel of land on the north side of South Bend.
Dear Ms. Jacobs,
We would like to submit this formal petition for de -annexation of the parcel of
land described in the enclosed legal description and shown on the accompanying plot
plan. The parcel is not serviced by any City of South Bend
utilities
(i.e.-wateve r
s would ervice r
sanitary sewer). Extending the utilities to this site would _p
not be practical. While the City of South Bend has offered to provide police and ire
service to the parcel, the South Bend Fire Department has stated they will not be able to
offer proper protection due to the lack of any fire hydrants in thearea.
For the above stated reasons, we arepetitioning
meor de -annexation at this mbers at their convenience.
We
will be available to discuss this matter with the Board
Respe tfully submitted,
�ark A. and Debra E. Weaver
20090 Brookwood Drive
South Bend, Indiana 46637
Angie Jacob - Re: Discussion w/Mark Weaver Page 1
From: Aladean DeRose
To: Angie Jacob; Carl Littreil; Gary Gilot; Lawrence Magliozzi; Thomas Bodnar
Date: 1 /18/02 11:26AM
Subject: Re: Discussion w/Mark Weaver
Notice must be published per IC 5--3-1-2 which in the opinion of Tom Bodnar and me (taking the most
conservative interpretation of the statute), means "two publications at least one week apart with the second
publication made at least three (3) days before the event " This should result in a hearing before the end
of February. Please make sure that the Petition is amended not only as to the legal description but to
include Ms. Weaver as a petitioner.
Because we are also including as-Ra"f-the dtsaftnexatiea area-a-perr-tion-ef-Q&velancLBQad it we
professionally courteous to no the my Commissioners separately of the Petition and the he
date.
uld be
CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use
of the intended recipient. If you are not the intended recipient, please do not read, distribute or take
action in reliance upon this message. If you have received this in error, please notify us immediately by
return email and promptly delete this message and its attachments from your computer system. We do
not waive attorney -client or work product privilege by the transmission of this message-
>>> Lawrence Magliozzi 01/18/02 09:59AM >>>
Apparently what happened is that Mr. Weaver submitted two documents with his petition - one was the
map with the proper legal prepared by us, and the second was a legal that he pulled from his deed. He
understands what the intent was and supports our common desire to disannex both his property and
Cleveland Road
His one concern at this point is whether we can accomplish the disannexation procedure prior to March
1st, 2002, which is when the taxing year is locked in. Anything recorded after March 1st will still be billed
at the City rate.
Question:
1. We need to readvertise with the Ie al Can this be accom lished aion . tha 893FIfubl
aring prior to March 1st? The last meeting date in February is 2/25. Sec 36-4-3-19 ( c ) notes that the
annexation is effective upon the Clerk of the Board (Angie) notifying the County Auditor and the Circuit
Court clerk.
Thank you all for your prompt attention to this matter.
Larry Magliozzi
Community Development
1200 County -City Building
South Bend, IN 46601
Phone: (574) 235-5550
Fax: (574) 235-9697
Imaglioz�.ci.south-bend. in us
NOTICE Q>
PU BLICHEARING
NOTICE OF DISANNEXATI ON
BY PETITION OF
LANDOWN ER(S)
Notice is hereby glwn thW tho
City or South BCrd, India—,
through its Board of Public
works, will coluct a ttooring or
iro disannexa tlon of property on
Mo lay. Jarwry M. 2002, o
9: a7 a.m. In the oonrd of P.wle
Works Meeting ROOM, 227 West
Jolla —lath Floor. South
Bond, Indiana.
In accordance with I.C. 36-4-3-17,
a notice of potitton m submitted
by Mark Woawr, 20090 Brook-
wood Drive, South Bonet, Irdi-
ono, has been liked with the
Board of Public Works to con-
duct a hearing and make a iL*t
and equitable order on the peti-
tion.
The parcel of property for Pro-
posed disannoxotion is W fol-
laws:
Parcel of Land owmd by Mark A.
& Debro E. Weaver
A parcel of land located In the
sauTh Y§ of sect ion 23, township 3B
noM range 2 east. Clay Town
ship, 51. Joseph County. I miam,
described as follaws:
Beginning at th, mrThwestorly
corner of said 107 26 as shown on
the recorded plot of section'B'
Brooktaolls, Thcnca southwest-
erly along the westerly line of
said lot 26, 36.95 feet: thence
southorly along said westertY
lira of lot 26, 205.00 loot to the
northerly line of Cleveland
Rood; thence weslerlY along
said norTTlerly lino of Clewtond
Road 2B0 feet, more or less. 10
ttx poinT of curvature of an 678.51
t dot radius curve To llro [Oil;
11-once westerly on and along
said 678.51 foot radii Curve, ASO
foot. morn or IMF, to o p lido 1233.24 feel vent of lhQ t11e Co
castt
line of said section 23, said lira
beir,j the west line of o tract of
land conwvod to Celpaort Re -
city Corporation by 1M Indiana
Toil Read Carom lssion, by virtu9
of . special war runty deed dated
February 21, 1962 and recorded
February 27, 1962 in Deed Roc -
Ord 624, pages 370, 371, 372. and
min the Office of the 51. Joseph
County. imia o Rcmrdcr;
Thence northerly along said west
Jim of former COIPWrt ROOITY
Corporation trap 222 feet, more
or loss, to a point 573.3 foot north
of the south line of said section
23, said point bOing the southwest
co "her of a Tra LT Of lord Cen
vcyed to AChile C. Celparet by
Beniamtn and Nettie Barnett.
husband and wife, by virtue of a
cleed dated
November 21,}g42 and recorded
December 1, 1942 in deed record
253, pogo 400, in said Office of fhoc
Recorder f ST. Joseph Coun1Y.
�n; lhcn lmicO cent along The
south lino of said tract of loud
mnv.yed to AChillc C. Colpaerl
659.20 feet to a point 64.86 foot
west of the west tiro of :.aid 101
26; thence 47 degrees ".linutos
and 27 .Second:, 75.13 loot TO a
point on the southorly line of
Brooklmils Drive os she on
said mcordM plot of Scction •B•
Bm.ktrails, 41.48 feet, arc
moosurement, northwesterly of
the northwosterly corner of said
Of
26; lhorxo s Vtheastorly
along said southerly line of
B raoktrails Drive A]. AB
leer, arc
nc�ap remenf, to the point of W,
ginning.
Subied to all legal highwo Ys and
Casements record.
BOARD OOF PUBLIC WORKS
CITY OFSOUTH BEND, IN
Angola K. Jacob. Clork
Baorc! Public Works
1T: 11; 11
State of Indimia
St. Joseph County ss:
Personally appeared before me, a notary public in and for said county and
state, the undersigned Carol Smith.
who, being duty sworn says that she is of competent age and is
Advertising Director of The South Bend Tribune, a
daily newspaper which for at least five (5) consecutive years has been
published in the City of South Bend, county of St. Joseph, State of Indiana,
and which during that time, has been a newspaper of general circulation,
having a bona fide paid circulation, printed in the English language and
entered, authorized and accepted by the post office department of the
United States of America as mailable matter of the second-class as defined
by the act of Congress of the United States of March 3, 1879, and that the
printed matter attached hereto is a true copy, which was duly published in
said newspaper.
l time s, the dates of publication being as follows:
Fanuary 11.2002
Subscribed and sworn to before me this
of January, 2002 .
Geraldine Dickey
Notary Public
Resident of St. Joseph County
My commission expires January 28, 2009
Charges $42.11
day
I Angie Jacob - Re: NOTICE OF DISANNEXATION
Page 1 i
From: Lawrence Magliozzi
To: Aladean DeRose; Angie Jacob; Lana Meredith
Date: 1122/02 12:55PM
Subject: Re: NOTICE OF DISANNEXATION
I left a message with Mr. Weaver to contact Angie to determine what needs to be done.
Larry Magliozzi
Community Development
1200 County -City Building
South Bend, IN 46601
Phone: (574) 235-5550
Fax: (574) 235-9697
Imaglioz@ci.South -bend. in. us
>>> Aladean DeRose 01 /22102 10:07AM >>>
By way of clarification, there should be something signed by Ms. Weaver indicating that she is joining in
the Petition for Disannexation. This must be communicated to Mr. Weaver. If the Board of Works has in
its records only the Petition of Mr. Weaver, the disannexation will be legally insufficient because it has not
been signed by at least 51% of the property owners.
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of the intended recipient. If you are not the intended recipient, please do not read, distribute or take
action in reliance upon this message. If you have received this in error, please notify us immediately by
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>>> Lawrence Magliozzi 01/22/02 08:28AM >>>
I have reviewed the Notice of Public Hearing. The legal matches the one prepared by the City. I believe
in a previous e-mail, Aladean had mentioned that Mr. Weaver's wife should be mentioned. This morning,
Mr. Weaver confirmed to me that his wife is on the property title. Her name is Debra E. Weaver, Mr.
Weaver's middle initial is ''A".
Larry Magliozzi
Community Development
1200 County -City Building
South Bend, IN 46601
Phone: (574) 235-5550
Fax: (574) 235-9697
Imagliozo.ci-south-bend.in us
>>> Lana Meredith 01/21/02 09:47AM >>>
Please review and let me know of any revisions by next Tuesday.
LEGAL DESCRIPTION:
The following described property in St. Joseph County, State of Indiana, is hereby disannexed and removed
from the City of South Bend, Indiana:
Beginning at o point where the south section line of Section 23, T38N, R2E intersects with the west
bank of the St. Joseph River, thence east along the said section line to a point 737 feet nest of the
southeast corner of said section 23, thence North 573.5 feet, thence Nest 495.5 felt, thence South
approximately 2J9 feet to the North right-of-way of Cleveland Road, thence in a westerly direction
along said right-of-way to a point where the right-of-way intersects with the west bank of the St. 1
Joseph River, thence in a southerly direction along the west bank of said river to the point of beginning.
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INDIANA EAST WEST TOLL R0.
Property to Disannex on
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DATE : 1 1 /02/2001
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OF
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 4660I-1830
CM OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
January 24, 2002
Mr. and Mrs. Mark A. Weaver
20090 Brookwood Drive
South Bend, Indiana 46637
RE: PUBLIC HEARING
Notice of Disannexation by Petition of Landowner(s)
Mark A. and Debra E. Weaver
Dear Mr. and Mrs. Weaver:
PRONEZ19/235-9251
FAx 219/235-9171
TDD 219/235-SS67
The Board of Public Works is in receipt of a request from you for disannextion of a parcel
of land on the north side of South Bend, as submitted.
Pursuant to I.C. 5-3-1-2. a Public Hearing on the application must be conducted by the Board.
The Board of Public Works has set the Public Hearing for 9:30 a.m., Monday, February
25, 2002, in the Board of Public Works and Safety Hearing Room, Room 1316, 13th Floor, County -
City Building, South Bend, Indiana. Mark A. and Debra E, being the petitioners, must be
present to answer questions with regard to the proposed disannexation request.
If you have any questions, please call me.
Sincerely,
Ci'
gela acab, rl
c: County Auditor
Circuit Court Clerk
County Commissioners
Aladean DeRose, City Attorne%'s Office
Larry Magliozzi, Planning Department
NOTICE OF PUBLIC HEARING
NOTICE OF DISANNEXATION BY PETITION OF LANDOWNER(S):
Notice is hereby given that the City of South Bend, Indiana, through its Board of Public
Works, will conduct a hearing of the disannexation of property on Monday, February 25,
2002, at 9:30 a.m. in the Board of Public Works Meeting Room, 227 West Jefferson, 13'
Floor, South Bend, Indiana.
In accordance with I.C. 36-4-3-17, a notice of petition as submitted by Mark A. Weaver and
Debra E. Weaver, 20090 Brookwood Drive, South Bend, Indiana, has been filed with the
Board of Public Works to conduct a hearing and make a just and equitable order on the
petition.
The parcel of property for proposed disannexation is as follows:
The following described property in St. Joseph County, State of Indiana, is hereby
disannexed and removed from the City of South Bend, Indiana: Beginning at a point where
the south section line of Section 23, T38N, R2E intersects with the west bank of the St.
Joseph River, thence east along the said section line to a point 737 feet west of the
southeast corner of said Section 23, thence North 573.5 feet, thence West 496.5 feet,
thence South approximately 239 feet to the North right-of-way of Cleveland Road, thence
in a westerly direction along said right-of-way to a point where the right-of-way intersects
with the west bank of the St. Joseph River, thence in a southerly direction along the west
bank of said river to the point of beginning.
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
Angela K. Jacob
Clerk, Board of Public Works
Publish two (2) times in the South Bend Tribune and Tri-County News
February 1, 2002
February 8, 2002
TPU COUNTY NEWS, INC.
POST OFFICE BOX 6666
SOUTH BEND, IN 46660-6666
TELEPHONE: (219)287-0285
Fax, (219) 282-1716
PROOF OF PUBLICATION
State of Indiana, St. Joseph County, ss.:
Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager oftheTri County News; that
he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaperofgeneral
circulation printed and published in the English language in the City ofSouth Bend, in the aforesaid county and
state; that a notice ofwhich the copy attached hereto is a true and correct copy, was published in said newspaper.
Jlto A -A0
2 time(s), the date of publication being as follows:
2/1.6/02
Fee: $23.86
Subscribed and swom to before me this 8th day of February, 2002
Lisa J. Andrysiak, Notary Public
Resident, St. Joseph County
My Commission expires February 16, 2008
posed disannexmion is oc folk
lows:
The following described property
in St. Joseph County, Stotc of In.
crrn , is ha retry disc-ed and
removed from tho City of South
Bend, Indiono; Beginning w o
Point where the soufh ruction line
of Section 23, T7aN, R2E Inter.
sects wim theczwest bonK of tte
St. Jeph River, thence ea;f
o long the said section lire to p
Point 737 feet nest of the sauth-
ecal corner of said SCction 23,
thence North 573.5 feet, mend
West 4943 feet, 1h❑ncc south ❑p
pro)li mmcIV 239 feet to the north
right- of--V or Clevclorrd Rood,
thence in ❑ wostarly direction
along Sold night-of-woy ro o point
V.- the right-of-xay intersects
PROOF OF PUBLICATION
NOTICE OF POBEON 8Y PETI'
NoTtCEOF vmlamsl� °thBerd,
-[ION orb Do that city of So Works, or
1•totice u tts Bosrd of Public tan
Indiana. throao o f the disay' a
2 at
t},c wilt conduct a heann625
or FFOPc`ty on MordaY• Fe bb . Wo&j Mmt' %
Boy`Q-cEt�-y door, south
9:10 ItTL
`Wat 7e(1��
to
Rom' with I C. 76.4"3-111 6 a and
in -c-Tition m s � fed by o arookw°°d Dn"t.
pith B. W has be rn (kit with the
to
grWis�id os 1'e`" o,d r ao P.St a
rruYenlunard ocSn Drop
for 4fOp
Tltc PnKel
d'e'•+�tQ0.1 "n o folk❑ws: � St. )oscPb
o gecit SperrbrA p�P'utYhe An dya nod
wia"xmtY� =y the �h o45out1�BenS
�,t where svsccsco
-
tyanv'. o °oo 'Lt'; C58ti.R7.0 R� � �tbcy
,bc weri btmlc of rice St o to s Poo 119
Ut along o � utl+enst cocoa of wit Seetn45
n
so c West 496th
23, thence North 5'13.5 feet• iely 39 feet to the
feet, thence South aPptoxtma Y thence in
,forthright-ofwayofCleve4'dl R°-0fwaytoa
wataly direction along said ngh ecu with the
a e the right-of-way intefs
Point hc ofthe SI. IosePh pier, thence ina
west along the west tank of said
soathalY dittttion ilm"rg.
river to the point of beg
wow
BOARA OF PfIB1.IHANA
CIOF • fy So Hu
N,gc1a K Is-Ob
Clerk, Board of Public µarks
W-I•s
Subscribed and sworn to before me this 8th (lay
of, February, 2002 .
i
Geraldine Dickey
iNrotary Public
1Zesident of St. Joseph County
My commission expires January 28, 2009
Chat —es $34.17
NOTICE OF PURL IC HEAR ING
NOTICE OF DISANNEXATION
BY PETITION OF
LANDOWNERS)
Notice is hereby given that the
City of South Bend, Indiana,
through its Board of Public
Work„ wilt conduct a hearing of
the disannoxation of Property of
Monday. February 25, 2002, at
9!30 a.m. in the Board of Public
Works Meeting Room, 227 West
Jefferson, 13th Floor, South
Bend, Indiana.
In accordance with LC. 36-4-3-17,
a r t ce of petition as submitted
by Mark A. Weaver and Debra
E. Weaver, 20090 Brookwood
Drlvo, South Bond, Indlono, has
been filed with the Board o1 Pub-
lic Works to conduct a hcarire
and make o lust and cqulioble
rdor an tivo tifion.
Tho Parcel f P-Percy for Pro,
Posed disannexation is as, fok
lows:
The following described Property
In St. Joseph County, State of Ire
dfmq, Is hereby dl--Xed and
removed from t1ho City of South
Bend, Indlara: Beginning al a
point where thesouth section lino
of Section 23, T38N, R2E inlor•
sects with the west bank of tho
St. Joseph River, chance east
along the said section line to a
Paint 737 feet west of the sourh-
cast corner Pt said Sectlon 23,
chance North $73.5 foot, thence
Wast 496.5 feet, thence south ap
Proximately 229 foot to the north
right-of-way of Cleveland Rood,
thence in a wasteriy direction
along sold right-of•way to a pant
w arc lM rigMQl-vaYlntcrxcTs_
State of Indiana
St. Joseph County ss:
Personally appeared before me, a notary public in and for said county and
state, the undersigned Carol Smith
who, being duly sworn says that she is of competent age and is
Advertising Director of The South Bend Tribune, a
daily newspaper which for at least five (5) consecutive years has been
published in the City of South Bend, county of St. Joseph, State of Indiana,
and which during that time, has been a newspaper of general circulation,
having a bona fide paid circulation, printed in the English language and
entered, authorized and accepted by the post office department of the
United States of America as mailable matter of the second-class as defined
by the act of Congress of the United States of March 3, 1879, and that the
printed matter attached hereto is a true copy, which was duly published in
said newspaper.
2 time s, the dates of publication being as follows:
February 1 & 8. 2002 _
Subscribed and sworn to before me this Rill clay
of February, 2002 .
r
Geraldine Dickey
Notary Public
Resident of St. Joseph County
My commission expires January 28, 2009
Charges °34.17