HomeMy WebLinkAboutAnnexing - North by Darden, West by river, South by Toll Rd, East by Brooktrails Sub & DisannextionORDINANCE No. 4775 -65
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
065—
j City Clerk
President of Common Council
Clerk
IDEAL PRESS
Location: North by Darden,-
West by River, South by Toll
Road, East by Brooktrails Sub.
ORDINANCE NO. 4775 -65
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
Section 1:
That the following described property in St. Joseph
County, State of Indiana, is hereby annexed to and brought
within the City of South Bend, Indiana:
Section 2•
This Ordinance shall be in full force and effect from
and after its enactment, approval by the Mayor, and legal
publication.
IM t 2nd READING ab —/�/— G S
OOMRBTTEE OF THE WHOLE 7-1a -G S
PUBLIO HEARING 2-10 -4 S
3rd READING / z —6 S
NOT APPROVED
REFERRED
PASSED '% — L w/4' 4
i
City of South Bend, Indiana
A tract of land located in the southern half of
Section 23, T38N, R2E, in Sti Joseph County,
Indiana, described as follows: beginning at a point
IN CLERKS OFFICE
which is the intersection of the present City
.ED
Limits on the Westerly bank of the St. Joseph
River with the south section line of said Section
JUN O 196`1
23, thence east along said section line to a point
737 feet West of the Southeast corner of said
Section 23, thence North 573.5 feet, thence West
KATHRYN L. BLOUGH
496.5 feet, thence'North 2073.62 feet, more or
FY CLERK, SOUTH BEND, IND.
less, to the south right -of -way line of Darden
Road., thence west along said right -of -way line
to the intersection of said right -of -way line
with the present City Limits on the westerly bank
of the St. Joseph River, thence Southerly along
the present city limits line on the Westerly bank
of the St. Joseph River, to the point of beginning,
containing 138 acres, more or less, and being
generally described as bounded on the North by
Darden Road, on the West by the St. Joseph River,
on the South by the Northern Indiana Toll Road,
and on theEast by the west boundary line of Brook-
trails Subdivision.
Section 2•
This Ordinance shall be in full force and effect from
and after its enactment, approval by the Mayor, and legal
publication.
IM t 2nd READING ab —/�/— G S
OOMRBTTEE OF THE WHOLE 7-1a -G S
PUBLIO HEARING 2-10 -4 S
3rd READING / z —6 S
NOT APPROVED
REFERRED
PASSED '% — L w/4' 4
i
City of South Bend, Indiana
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To tntii #rr Itporf
Oo t4c (IInmmnu (Qounril of thr Ttig of Quaid drub:
Your Committee of the Whole
July 12, 1965
to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, CERTAIN LANDS ".
138 acres, more or less,
(Location: North by Darden, West by River, South by Toll Road, East by Brooktrails
Subdivision)
Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council
as favorable.
el
May 11, 1965
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The attached petition of the Common Council to annex to
the City of South Bend approximately acres bounded on
the North By Darden Road, on the West by the St. Joseph
River, on the South by the Northern Indiana Toll Road,
and on the East by the West boundary line of Brooktrails
Subdivision,was legally advertised under date of April
26, 1965 and given public hearing on May 6, 1965. The
following action was taken:
After due consideration the Commission found
that in their considered opinion the six
determinants of annexation apply to the area
at issue. It was therefore duly moved,
seconded, and unanimously carried that the
petition be recommended favorably to the
Council.
Very truly yours,
CIT /Y PLpANNIING COMMISSION
Robert L. Huff,
Director of Planning
RLH /cf
attach.
FILED IN CLERK'S OFFICE
JUN 9 19;;,;
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
J. FRANK MILER. cnesioex.
Roy A. WGRDEN, YIc E+PEA—Y
RAYMOND E. SIPK
JAMES II
CITY
PLANNING
COMMISSION
WALTER G. GLASS
RICHARD
129 W.
COLFAX AVENUE, SOUTH BEND, INDIANA
96601 s LLOYD M. ALLEN. MAYOR
BERT MDLELLKwsKI
AIO
GALEN S. SARGENT
Fo RRES: F. WEST
ROBERT L. HUFF. 1I en T.R os vuxxmc
WILLIAM D. MURPHY. A11-11 emEOe
May 11, 1965
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The attached petition of the Common Council to annex to
the City of South Bend approximately acres bounded on
the North By Darden Road, on the West by the St. Joseph
River, on the South by the Northern Indiana Toll Road,
and on the East by the West boundary line of Brooktrails
Subdivision,was legally advertised under date of April
26, 1965 and given public hearing on May 6, 1965. The
following action was taken:
After due consideration the Commission found
that in their considered opinion the six
determinants of annexation apply to the area
at issue. It was therefore duly moved,
seconded, and unanimously carried that the
petition be recommended favorably to the
Council.
Very truly yours,
CIT /Y PLpANNIING COMMISSION
Robert L. Huff,
Director of Planning
RLH /cf
attach.
FILED IN CLERK'S OFFICE
JUN 9 19;;,;
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.
1200 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601 -1830
PHONE 219 /235 -9371
FAx 219/235 -9021
TDD 219/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JON R. HUNT
ExECUTIvE DIRECTOR
February 25, 2002
Loretta Duda
City Clerk
455 County -City Building
South Bend, IN 46601
Re: Weaver Disannexation
Dear Ms. Duda:
Attached is an Order -Approving Disannexation passed by the Board of Public Works of the City
of South Bend, IN., and a Certification of Disannexation Proceedings signed by the Clerk of the
Board of Public Works.
Per the requirements of IC 36- 4 -3 -19, the clerk of the municipality is directed to inform the St.
Joseph County Auditor, the office of the secretary of state, and the circuit court clerk.
If you would sign your copy of the Certificate of Disannexation Proceedings, and enclose that
with the packet that I have prepared for you to send out, it would complete the notification
requirements.
If you have any questions, please call.
Since ly,
Larry Magli zzi, Assl t Director
Division of Community Development
' -- --alien4EL' nneX r'ala e 4��+' -
^COMMUNITYDEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. METER DONALD E. INKS 1VIANAGPMENT
219/235 -9660 219/235 -9371 ELIZABETH LEONARD
FAX: 219/235 -9697 219/235 -9371
CERTIFICATION OF DISANNEXATION PROCEEDINGS
I, Loretta Duda, Clerk of the City of South Bend, County of St. Joseph, State of Indiana,
pursuant to I.C. 36- 4 -3 -19, hereby certify that the attached documents constitute the full, true and
complete Record of Disannexation proceedings conducted by the City of South Bend Board of
Public Works at a public meeting held on February 25, 2002 pursuant to notice which documents
consist of the following:
Certification of Disannexation Proceedings executed by the Secretary of the
Board of Public works; and
Order of Disannexation enacted by the Board of Public Works of the City of
South Bend at a public meeting conducted on February 25, 2002; and.
Petition for Disannexation and Notice of Public Hearing.
The original Certification by the Board of Public Works is in the Office of the Clerk of the City of
South Bend, St. Joseph County, Indiana, and the original Order of Disannexation, Petition and
Notice of Public Hearing are in the Office of the Board of Public Works of the City of South Bend
with true, complete and accurate copies of said documents in the Office of the Clerk of the City of
South Bend, St. Joseph County, Indiana.
In witness whereof I have set my hand and affixed the official seal of the City of South Bend,
St. Joseph County, Indiana this -2 S4� day of February, 2002.
Loretta) ud.I / /
Clerk of the City of South Bend
St. Joseph County
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 AttorneyAladean
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 25th day of February, 2002.
a""'��{�
Angie Ja b, Cl k
City of South Bend
Board of Public Works
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.
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.
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 longer 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 this0� day of February, 2002.
SOUTH BEND BOARD OF PUBLIC WORKS
Gary Gilot, President
Donald Inks, Member
Carl Littrell, Member
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 a point where the south section line of Section 23, TJBN, 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 2J, thence North 573.5 feet, thence West 496.5 feet, thence South
approximately 2J9 feet to the North right —of —woy of Cleveland Road, thence in o westerly direction
along said right —of —woy to o point where the fight—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.
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JDATE 11/02/2001 IE ET Property to Disannex on DRAWN DM Cleveland Road SCALE I"=400'
r•U3.
Board 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 tte
eaver
okwood Drive
South Bend, Indiana 46637
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, 131"
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 ata pointwhere
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
Office of the City Clerk
Loretta J. Duda, City Clerk
February 27, 2002
Mr. Joseph F. Nagy, Auditor
St. Joseph County
227 W. Jefferson Blvd, 2 "d Floor
South Bend, IN 46601
Dear Mr. Nagy:
Attached please find an Order Approving Disannexation for property within the corporate limits
of the City of South Bend.
The property was disannexed per the requirements of I.C. 36- 4 -3 -17. In addition, I.C. 36- 4 -3 -19 (c)
requires that the County Auditor inform a variety of agencies of the disannexation. I have enclosed
a form letter that you may use for this notification.
Please do not hesitate to contact this office if you have any questions concerning this matter.
Sincerely yours,
Sandra M. Parmerlee
Chief Deputy City Clerk
455 County -City Building • South Bend, Indiana 46601 •574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567
Sandra Parmerlee Janice Talboom Jennifer McCormick
Chief Deputy Deputy Ordinance Violation Clerk
To: Sue Ann Gilroy, Secretary of State
Robert Kmszynski, St. Joseph County Highway Commissioner
John McNamara, St. Joseph County Surveyor
Robert Same, Director, St. Joseph County Area Plan Commission
Bill Mihelich, Trustee, Clay Township
Thomas Budzinski, Trustee, German Twp
Richard Seniff, St. Joseph County Sheriff
From: Joseph F. Nagy, Auditor, St. Joseph County
Subject: Disannexation of Territory
Order Approving Disannexation - Mark A. & Debra E. Weaver Petition
City of South Bend, IN
Date: February 26, 2002
An Order Auprovine Disannexation by the Board of Public Works of the City of South Bend for the Mark and Debra
Weaver property, along with a portion of Cleveland Road, became effective February 25, 2002. A map and legal
description for the disannexation area is attached.
Please reflect this change in status for the Weaver property, commonly known as 20090 Brookwood Drive, Tax Key
Number 24- 1005 -0576.
Office of the City Clerk
Loretta J. Duda, City Clerk
February 27, 2002
Ms. Sue Ann Gilroy
Secretary of State
State House
200 W. Washington Street
Indianapolis, IN 46204
Dear Ms. Gilroy:
Attached please find an Order Approving Disannexation for property within the corporate limits
of the City of South Bend.
The property was disannexed per the requirements of I.C. 36- 4 -3 -17.
Please do not hesitate to contact this office if you have any questions concerning this matter.
Sincerely yours,
Sandra M. Parmerlee
Chief Deputy City Clerk
455 County -City Building • South Bend, Indiana 46601 •574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567
Sandra Parmerlee Janice Talboom Jennifer McCormick
Chief Deputy Deputy Ordinance Violation Clerk
Office of the City Clerk
Loretta J. Duda, City Clerk
February 27, 2002
Ms. Linda Scopelitis
Circuit Court Clerk
Courthouse, St. Joseph County
South Bend, IN 46601
Dear Ms. Scopelitis:
Attached please find an Order Approving Disannexation for property within the corporate limits
of the City of South Bend.
The property was disannexed per the requirements of I.C. 36- 4 -3 -17.
Please do not hesitate to contact this office if you have any questions concerning this matter.
Sincerely yours,
Sandra M. Parmerlee
Chief Deputy City Clerk
455 County -City Building • South Bend, Indiana 46601 •574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567
Sandra Parmerlee Janice Talboom Jennifer McCormick
Chief Deputy Deputy Ordinance Violation Clerk
Office of the City Clerk
Loretta J. Duda, City Clerk
February 27, 2002
Mr. Mark Stratton, Manager
Office of Census Data
Legislative Services Agency
200 W. Washington St, Suite 301
Indianapolis, IN 46204
Dear Mr. Stratton:
Attached please find an Order Approving Disannexation for property within the corporate limits
of the City of South Bend.
The property was disannexed per the requirements of I.C. 36- 4 -3 -17.
Please do not hesitate to contact this office if you have any questions concerning this matter.
Sincerely yours,
Sandra M. Parmerlee
Chief Deputy City Clerk
455 County -City Building • South Bend, Indiana 46601 •574/235 -9221 • Fax 574/235 -9173 • TDD 574/235 -5567
Sandra Parmerlee Janice Talboom Jennifer McCormick
Chief Deputy Deputy Ordinance Violation Clerk