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HomeMy WebLinkAbout03-22-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 22, 2010 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4, REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 10 -13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MARCH AS WOMEN'S HISTORY MONTH 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 01-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 07 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S AT�LEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 12 -10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET 04 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 10 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (4227) IN 2010 FOR VARIOUS EXPENDITURES 11 -10 PUBLIC HEARING COUNCIL OF THE APPROPRIATING PERFORMING ARTS MARKETING FUND YEAR BILLBOARD PERFORMING ARTS 8. BILLS, THIRD READING BILL NO. ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA, $10,200 FROM THE MORRIS CENTER AND PALAIS ROYALE (FUND NUMBER 273) FOR A ONE LEASE TO MARKET THE MORRIS CENTER TIME: 01 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 07 -10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN'S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST /WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 12 -10 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET 04--10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF 10 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (##227) IN 2010 FOR VARIOUS EXPENDITURES 11 -10 THIRD READING COUNCIL OF THE APPROPRIATING PERFORMING ARTS MARKETING FUND YEAR BILLBOARD PERFORMING ARTS ON A BILL OF THE COMMON CITY OF SOUTH BEND, INDIANA, $10,200 FROM THE MORRIS CENTER AND PALAIS ROYALE (FUND NUMBER 273) FOR A ONE LEASE TO MARKET THE MORRIS CENTER 9. RESOLUTIONS BILL NO. 10 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE CITY AS A RECOVERY ZONE 10 -15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10 -16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10 -17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL NO. 17-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL- DE -SAC 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 10 -14 - 1939 CHARLES STREET - SPECIAL EXCEPTION B. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 13 -10 - REZONING - 2301 MIAMI, 2303 MIAMI, 1026 AND 1034 E. EWING 2. SILL NO. 14 -10 -- REZONING - 2411 S. MAIN ST. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Rcsohrtion ND. A, RESOLUTION OF THE C[ }l`VIMON COUNCIL. OF THE CITY OF SOUTH BENI), INDIANA, DECLARING MARCH AS WOMEN'S HISTORY MONTH 6XL..a the Common Council of the City of South Bend, Indiana, notes that in 1981 the first Joint Congressional Resolution was adopted proclaiming that a week be set aside as "Women's History Week''; and Oh" in 1987, the National Women's History Project petitioned the US Congress to expand that Resolution, with that being done with bipartisan support in both the House and the Senate declaring March as "Women's History Month "; and �Q this year's national theme is Writing Women Back Into History which has resulted in efforts by the Library of Congress, The National Archives, the National Endowment for the Humanities, the National Gallery of Art, the National Park Service, the Smithsonian Institution and the United States Holocaust Memorial Museum paying tribute to the generations of women whose commitments and efforts have helped shape our rich country's history; and Gad in keeping with this year's theme, the South Bend Common Council acknowledges that there have been countless contributions made at the national, state and local levels some of which include: 1869 Wyoming Territory was the I" to grant women, who were 21 years of age, the right to vote 1920 1.9jh amendment to the US Constitution was ratified granting women the right to vote 1921 Edith Wharton became the 1" woman to win a Pulitzer Prize for writing The Age of Innocence 1924 Nellie Tayloe Ross became the V female Governor of a state 1928 Amelia Earhart of Purdue University became I" woman to fly across the Atlantic Ocean 1933 Prances Perkins became the I" woman to serve in a Presidential Cabinet position (Sec'y Labor) 1963 Janet S. Allen became the V woman to serve on the South Bend Common Council 1966 Barbara Jordan became the 1 s` woman to serve in the Texas Congress 1972 Shirley Chisom became the l" woman to be considered as a Democratic Presidential Candidate 1977 Janet Guthrie became the I" woman to drive in the Indianapolis 500 1981 Sandra Day O'Connor became I" woman appointed to the US Supreme Court 1983 Beverlie Beck was elected as the I" woman President of the South Bend Common Council 2009 Sonia Sotomayor became I" hispanic woman appointed to the US Supreme Court follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares March as "Women's history Month" in South Bend, Indiana. Section II. The South Bend Common Council honors and recognizes all of the many generations of women who have made so many significant contributions, both inside and outside the home. Section III. This Resolution shall be in full force and effec o anal a, er jts adoption by the Council and approval by the Mayor. i Derek ).Dieter, I" District gliver J. L��avi�G ' District Henry Davis, Jr., 22'sstrict Al "Buddy" Kirsits, At Large Thomas LaFountain, 3' District Ann -P zello, 4r' District —.. --D4 -- a =rid Vame�r, 5"' District John oordc, City Clerk Timothy A. Rouse, At Large Karen L. Wl ite, Large Kathleen Cekanski- Farrand, Council Attorney C c-1ite 1d- _ -4 7` Q&—d- 20M Stephen J. Luecke, Mayor of South Bend February 10, 2010 Mr. John Voorde South Bend City Clerk County -City Building, Suite 400 227 West Jefferson Blvd. South Bend, Indiana 46601 RE: Ray and Joan Kroe Corps Community Center Rezoning Petition Revision Dear Mr. Voorde: 05 160.02 On January 5, 2010, we submitted a petition for rezoning the site of the proposed Kroc Center to Planned Unit Development. That petition has had first reading by the Common Council. The Area Plan Commission has scheduled a public hearing in their February 16, 2010 meeting. On behalf of The Salvation Army, the owner and operator of the facility, we are requesting an amendment to the petition to reduce the area included in the Planned Unit Development. The original petition submitted in January had the current owners of the property as co- petitioners. The current owners of the original petition area are: City of South Bend Parks & Recreation Board of Commissioners City of South Bend Board of Public Works South Bend Heritage Sherry John and Janette Miller The petition submitted in January had not been signed by Ms. Jobn and Ms. Miller, but the other three property owners had signed it. After several discussions, with Burkhart Advertising, which leases the John/Miller- property for an off - premises advertising sign, about provisions in the Planned Unit Development for their sign, we have decided to omit the John/Miller property, and the South Bend- Heritage property west of it, from the project area in order to be able to c-.on- inlete the rezoning process prior to the planned co=mcement of construction of the Center in May. The area north of Western Avenue is shown on the site plan as being used. for vehicle parking, with construction of that parking area as a second development phase. The primary purpose of that parking lot is for staff parking so that parking closer to the 550 Union Streei, Kshawaka, IN 46544 P 574.259.9976 F 574.259.9982 mm.troyergrouo.corn Obi r. John 'Voon7e Febtuar7f 161, 'N" Page 2 building would be available to patrons. We do not believe that the requested reduction of the project area, or reduction of the nuinber parking spaces available in the second phase :Marking lot, firori- 93 to 51 ,;dill have an adverse impact upon the. pros?rt_ There will be 251 parking spaces in the initial construction phase south of Western Avenue, 12 more spaces than we have estimated are necessary for the facility. if the property we are now requesting be deleted from the rezoning petition area is later acquired by The Salvation Army, it is in a Mixed Use zoning district. Parking for the Kroe Center could be added without rezoning it. Including that area in the current rezoning petition is not necessary for later use as additional parking. Attached are copies of the required petition documents - revised for reduction. of the rezoning area north. of Western Avenue. The Salvation Army has not yet completed acquisition of the property. We will ask the three remaining owners of the property to sign the revised rezoning petition application. Due to the meeting schedule of the South Bend Park Board, we will not have signed, revised petitions for the Area flan Commission hearing, but we expect to have them before the rezoning is decided by the Common Council. Included with the revised petition are signed copies of three agreements with owners of other parking facilities in the vicinity of the Kroc Center indicating their willingness to allow the Kroc Center to use their parking lots for a special event that might exceed the parking available at the Center. Not all of those agreements were signed when the original petition was submitted. The Salvation Army requests that the City proceed with the rezoning process with a slightly reduced area to be rezoned, and a revised site plan. A few other minor revisions and clarifications have been made at the request of the Area flan Commission staff. If you Have any questions regarding the petition, or this request, please contact me. Sincerely, 4Ge R. Phipps, PE Copies to: Major Bob Webster, The Salvation Array Jeff Gibney, City of South Bend Robert Henry, South Bend Parks & Recreation Board. Gary Gilot, PE, South Bend Board of Public Works Phillip Byrd, South Bend Heritage Bruce Vanderbeek, Burkhart Advertising John Byorm, Area Plan Commission GRP/gp G: IProjectslC3lSalvatiort At'm }'1051 GO- 02tipraject- ir¢fo'25- approvalU-ezortirtg petition¢ 2- 4- I0U•evision ]efler•.d +3dr ' � a 550 union Street, i+Aishawaka, IlV 46544 P 574.259.9976 F 574259.9982 www.trayergrouP.com lmR ORDINANCE NOD AN ORDINANCE AMENDING TIM ZONING ORDINANCE FOR PROPERTY BOUNDED BY Chapin Street, Norfolk Southern Railroad, Laurel Street, and the first alley rror'th of Western Avenue, Councilmanic District 2, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The intent is to rezone the proposed land from several districts to a Planned Unit Development for construction and operation of a community center and assembly space for religious use, with required vehicle parking. Several variances and special exceptions would be required for the development to be located in the current multiple districts, or in any other single district. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION L. Ordinance No.: 9495 -04 is amended, which ordinance is commonly knows as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate, Parcels A and B, in the City of South Bend, St. Joseph County, State of Indiana: Parcel A Parcel of land situate in the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows: Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 17100 foot radius curve to the right baving an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an arc length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 1.72.00 foot radius curve to the right having, an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence South. 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Sheet; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Strect; thence South 89 degrees 54' 24" West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an arc length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet; thence North 00 degrees 10' 51" West 22.69 feet; thence North 74 degrees 23' 21" West 138.37 feet; thence North 00 degrees 17' 51" West 19.44 feet; thence North 73 degrees 47' 51" West 141.36 ID feet to the centerline of Laurel Street- thence North 00 degrees 10' 06" Vest along the centerline of Laurel Street 139.39 feet; thence North 89 degrees 49" 54" East 20.00 feet to the East line of Laurel Street; thence North 00 degrees 1.0' 06" West along a line parallel to and 20.00 feet East of the centerline of Laurel Street 474.92 feet to the point of beginning, containing 9.45 acres, more or less. Parcel B Lots 12, 11 and the east 40' of Lot 10, of Ruckman's Subdivison of Bank Outlet 75. be and the same is hereby established as a Planned Unit Development District. SECTION H., This ordinance shall be in full force and effect from and after its passage by the Conunon Council, approval by the Mayor, and legal publication. Attest: City Clerk t r. s Member of the Common CoGull rul A. Presented by nee to the Mayor of the City of South Bend, Indiana on the 2010, at o'clock .m. Approved and signed by me on the n1. RHERRED PASSED, City Clerk day of day of 2010, At o' clock Mayor of the City of South Indiana Filed In 'z Cffffaaa F B B -- 9: 2010 �ef�{p pp 1.x13: CU —', M OHM, N. Date Filed: 1 -5 -10 Date Revised: 2 -5 -1.0 Date received by the Area Plan Conuliissio 6'-1!J Application No. PR *k � --------------------- - - - - -- ---- --- - -- -------------------------------------------------------- ------------------ We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is bounded by: Parcel A: Chapin Street, Norfolk Southern Railroad, Laurel .Street and Western Avenue. Parcel B: Western Avenue, Pine Street, the first alley north of Western Avenue, and a line 40 feet west of the east line of Lot 10, Ruckman's Subdivision of Bank Outlot 75. 2) Name and address of property owner(s) of the petition site: City of South Bend Board of Public Works 1300 County -City BuildIng 227 W. Jefferson Blvd. South Bend, Indiana 46601 City of South Bend Parks & Recreation Board of Commissioners 312 East Walter St. South Bend, T diana 46614 South Bend Heritage Foundation, Inc. South Bend. Heritage Properties, LLC 803 Lincoln Way West South Bend, IN 46616 _ 3) Name and address of contingent purchaser(s), if applicable: F1 LED The Salvation Army Jo' °vE i_i 7 = s f 303 S. Chapin Street. t PL r.M P t:r ,n! [OK South Bend, IN T 46601 ' ,t k j � �� V —/ � 4) It is desired and requested that this property be rezoned: G:IProjectslC 1Sai�atian Army10a160- 031pro�e -c� iniol2?- appro��fluezo�,ira patition 2- 1- Mapplication 2- 4- 10.doc From -`GB" General Building District for Lots 14, 15, 20, and 21, the- vacated alley between vacated Pine Street and Chapin Street, and the east half of vacated Pine Street west of Lots 20 and 21, Erastus Perkins' 2 "d Subdivision of Bank Outlot 76. From "MF2" High Density Multifamily District for Lots 17, 18, 19, 23 and 24 of Ruckman's Subdivision of Bank Outlot 75; and Lots A through G, inclusive, of Farrington's Subdivision, and Lots 1 through 8, inclusive, of Buysse's Subdivision; and Lots 1 through 13, Lots 17 through 19, and Lots 22 through 28, inclusive, of Erastus Perkins' 2 "d Subdivision of Bank Outlot 76; and vacated Pine Street from east of Lot 26 to Western Avenue; and vacated Perkins Street from Laurel Street to Chapin Street; and the vacated north -south alleys between vacated Pine Street and Chapin Street; and the vacated east -west alley north of Lot 4 of Buysse's Subdivision; and the vacated east --west alley between vacated Perkins Street and Western Avenge from Laurel Street to Chapin Street; and the vacated north -south alley south of vacated Perkins Street between Laurel Street and vacated Pine Street, From "MU" Mixed Use District for Lots 12, 11 and the east 26 feet of Lot 10, William Ruckman's Subdivision of Bank Outlot 75 to "PUD" Planned Unit Development 5) This rezoning is requested to allow the following uses: Community Center and assembly space for religious use. 6) The legal description of the property is attached. 7) Attached is (a) Legal description of the property; (b) Seventeen (17) preliminary site plans; (c) A statement of purpose and intent; (d) a list of names and addresses for all property owners and the tax keyed numbers for all properties within 300 feet of the petition property; (e) Addressed, stamped envelopes for all property owners within 300 feet of the petition property; (f) A location reap; (g) parking space justification data; and (h) agreements for supplementary parking. Signature(s) of all property owners City of South Bend, hidiana Board of Public Works Gary A. Gilot, PE, President G:1Projects1C31Sah -ation Army\ 05160 -021 project- ;niol2.5- approvallrzzoninV pztiticn ? ].Ola placation 2- 4- 10.doc City of South Bead, Indiana Parks & Recreation Board of Commissioners Robert Henry, President South Bend Heritage Foundation, Inc. South Bend Heritage Properties, LLC Phillip Byrd, Executive Director Petition Prepared By: The Troyer Group, InC. 550 Union Street Mishawaka, IN 46544 574 - 259 -9976 Contact: Gerald R. Phipps, PE G:AProjms1CMSalvation tinny\ 05160- 021project i��fol?5- apprnval�aez- oi�in� putitio�t 2- 4- 10lahhlication ?- - IO.doC Legal Description -_Kroc Center Planned Unit Deve-lopme,11 Parcel A Parcel of land situate in the Southeast Quarter of Section 11, 'Township 37 North, Mange 2 East, City of South Bend, County of St. Joseph, and State of Indiana and more particularly bounded and described as follows: Beginning at a point 60.00 feet South and 20.00 feet East of the centerline intersection of Western Avenue and Laurel Street; thence along an assumed bearing of North 89 degrees 54' 24" East, parallel to and 60.00 feet South of the centerline of Western Avenue, 466.28 feet; thence along a 172.00 foot radius curve to the right having an are length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 82 degrees 03' 06" East; thence along a 57.00 foot radius curve to the right having an are length of 57.47 feet, a chord length of 55.07 feet and a chord bearing of South 45 degrees 07' 36" East; thence along a 172.00 foot radius curve to the right having an arc length of 48.28 feet, a chord length of 48.12 feet and a chord bearing of South 08 degrees 12' 06" East; thence South 00 degrees 10' 06" East 150.55 feet along the West line of Chapin Street; thence continuing South 04 degrees 44' 36" East 150.48 feet along the West line of Chapin Street; thence continuing South 00 degrees 10' 06" East 405.34 feet along the West line of Chapin Street; thence South 89 degrees 54' 24" West 41.67 feet; thence along a 5,829.98 foot radius curve to the right having an are length of 160.69 feet, a chord length of 160.68 feet and a chord bearing of North 73 degrees 37' 33" West; thence North 86 degrees 16' 05" West 77.87 feet; thence North 73 degrees 22' 05" West 51.54 feet; thence North 00 degrees 10' 51" West 22.69 feet; thence North 74 degrees 23' 21" West 138.37 feet; thence North 00 degrees 17' 51" West 19.44 feet; thence North 73 degrees 47' 51" West 141.36 feet to the centerline of Laurel Street; thence North. 00 degrees 10' 06" West along the centerline of Laurel Street 139.39 feet; thence North 89 degrees 49" 54" East 20.00 feet to the East line of Laurel Street; thence North 00 degrees 10' 06" West along a line parallel to and 20.00 feet East of the centerline of Laurel Street 474.92 feet to the point of beginning, containing 9.45 acres, more or less. Parcel B Lots 12, 11 and the east 40' of Lot 10, of Ruckman's Subdivison of Bank Outlet 75, City of South Bend, County of St. Joseph, Indiana. G:11'rajectslC3 Salvaciort tlm� .y1d5160- d2lproject- infa�25- apps °ova1V eianing petit on 2- 4- 1Wega.l descr 2- 4- 10.doc 1316 C CUNTY-CITY BMt -D1NU 127W. l.'ouL,,vt D Souri-i I?iLIvD, INDIANA 46601 -1530 P1 -rom, 5741235 -9251 P x 5741235-9171 TDD 5741235 -5567 CITY OP SOUTT -1 BEND STEPHFN J. Lu =KE, BoARD OF PUBLIC WORKS December 14, 2009 NIr•. Jitin Fain Dawrrtown South Bend, Inc. PO Box 930 South Bend, Indiana 46624 RE: Alley Vacation — The East Portion of the East/West Alley That Runs fiom Michigan Street to Main Street and between Colfax Avenue and Washington Street (Preliminary Review) Dear Mr. fain: The Board of Public Works, at its December 14, 2009, meeting, reviewed comments by the Engineering Division,_ Area Plan Commission, Economic Development, Dire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and We l-- li leit7jlit tl F._I Cintl�ll� t S� S1111F.jlllLed_ Area Plan stated that the vacation would not hinder the grouch or orderly developincnt of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not Finder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Engineering stated that the vacation is subject to utility easenwaits. The Board's recommendation is mHde subject to maintaining an open public access to the parking garage. Please couutact '12a l oluuar at 57 335 -9254 pHor t® picldigLx a ,oeur radius Yorl will need a radius neap showing properties within 150' of the proposed vacation for your petition to the C01.1. 1nion Council. Once you pick lip the radius map, proceed to the City Clerk's office for your alley vacation packet. _ Sinc�rel }T, r I Linda M. Martin, Clerk e: Federico Rodriguez, Tire Department - Tony Molnar, Engineering Janice Talboom, City Clerk's Office GnRrA. GILOT, P. H, DolsALD E. JNKr 3oI -iN H. Mulu,.,iy PRnIDrJ,!T MFMBER MTN4BER INTER -OFFME MEMORANDUM BOARD OF PUBUC WORKS TO, 4rI Littrell, Engineering Department o n Byorni, Area Plan Commission (ibvorni(@co.st-ioser)hJn.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development -Bob Mathia, Community & Economic Development 1_,F'ederico Rodriguez, Fire Department P�ndre Price, Solid Waste S tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinnnisource.com or 284 -2220 fax) For Informational Purposes Only FROM, Linda M. Martin, Cleric RE; Request f6r Recommendation - Alley Vacation Location East portion of E1W alley that runs from Michigan St. to Main St. and between Colfax Ave and Washingtan_St,, [Pr e IgTninnry Re-View) DATE: November 17, 2009 DUE, December 10 2009 FAX OR E-MAIL TO: 235-91711 1martln southben in. oy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS, [IJ 44 ;114 ,A ' 11 Vi 1 15 �377 ve V. 11R, �" �2 0 L 8 0 18 QjQMAL FILAT 9. BENI) 74 7 74 7 ALL OF F0A£ CH(WCLATC CAPE (r, 5 Im Iq ofi SUP. ;00 05 I-A 5ALLE Moo!CRRIS CIVIC WNOR 5J9 Qj 'ALLEY " �l EMCAN Fttlk 403HNG MN T mvmp SUB 37 444 loop D R I G I NAL PLAT OF THE TgqN OF SOUTH MOD �ElGiffm B PLAZA luls? 2Q,6 -0,;ZqCo IIEFLAT I g Q3Q d ;6-1006 M42 18-1002 fCrS nt MlG[NALWVq OF SD.EIEND LAT '5 'r 3 U74 44, 55 RR A TL B REP R' R 92 a-al. doM Ev— 0 /6 DPW Ta a -rN 41LEP— "5ulz6 d® AVE Q-2 d4 A1641&44 1; 7— R2 1�14 'M T4 F,3 5AJJ IN 46609 14 1 0$14 3474, 01 16-100B Z5 7 -- 6000 "731a I - - 4 ol �n a n �-A Vj 4 8 1-443.o0 01 41 1 4 �j i-j DT:5 5 fl - 3 077 > Q4 41 [T 1795 q 4� CB 7 7l3 B7,G7 h, O � 0 n s r DgF o q q GTIV 1)7 17q.T3 G5 .yam 156 135 '79" V7 17 -(31-T -0184 1 1 1 FfAA-347,405 B- 0190.63 2 248 18_3031 7 A." 93A- G5 u1 1Ce6 IG5 of s A 0190 C14 14 A 2-r,4 25.1 oi7 4 34 6. 4 7 6 cr ,p ulorf 0�7 VD. IEFFL--R301V f4 D7 70 A-- E 071(3 2q3 266 A- 260A- -0717 -52.31 s 2R2 8S 0244 u 0048 ir,5 1� `z IX °f 0. .3 -2-� Qql 400 '� 0 7- 1 aG 40, 40 .2 �2 Ca 435 Q1 FagL' I oft i Nfich ,eNle Burgett ° R e. Fwd d� k` iVey Vacation i� �`�N�� � �d���� ��?Y �f ��II'�� �'�d��l3 w� Michigan St. to Main S. rom: Stephen Goen Tod. Michelle Burgett Date'. 11/17/2009 10:03 AM Subject. Re: Fwd: Ailey Vacation Recommendation E/W alley from Michigan St, to Main St No Objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. U. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol gash Team South Bend police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 »> tiiicheIIe Burgett 11/17/2009 10:01 Ail %» City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235-9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictiy prohibited. >>> "Burgett, Michelle" rnburgett@southbendin . gov> 11/17/2009 10:21 AM >>> This E -mail was sent from "RNP83D994" (C3828). Scan Date: 17,11.2009 10:21,36 (- 05001) Queries to: admin @southbendin.gov flit: / /C:117ocuments and Scttin.gs1IVI13urgettTocat SG ttings lTeia-rp1XPgrpwise\4BO274ECS... 1 1/17/2009 PATER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl L.ittrell, Engineering Department John Byorni, Area Plan Coini77ission .b orni co.stjose h.in.us or 235 -9813 tax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Settin, NIPSCO 1 °bettin nisource.com or 284 -2221 fax} F€ F Informational Purposes Only FROM: Linda M. Martin, Cleri <y���Y� RE: Request for Recommendation - Alley Vacation Location: East Dortion of EAN alley that runs from Michigan St. to Main St. and between Colfax Ave and Washin toy n St" DATE, November 17, 2009 DUE: December 10 2009 FAX OR E-MAIL TO: 23&91711 1 €n'sa,OinOgsouthberjdi�� acv RETURN RECOMMENDATION PAGE ONLY, ATTACI-IMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: DATE: �' �•' l /�;. NTER-OFECE MEMORANDUM BOARD OF PUBLIC'NORKS Carl Littrell, Enginee ring Department John Byorni, Area flan Comrnisskn (ibyorniCa cost- joseph.ir us or 235-9813 fax,) Jeff Gibney, Community & Economic Development Chris Dressel, Co immunity 8: Economic Developroent Bob Niathia, Com munity & Economic Development Federico Rodriguez, F=k -e Department Andre Price, Solid Waste Stephen Coen, Felice Depaf` tent Cheryl Greene, City Attorney's Office J4-n Benin, NfPSCO (irbetJr rC��nisnurce,com or 284 -2220 fax) For Infc�mnational _� Purposes Only FROM., Linda M, Martin, Clerk' - RE, Request for Recommendation -- Alley Vacation Locatlwii EasiDortion of EMT alley that runs frorn Michi an St. to Main St. and between Colfax Ave and Washington St, (Proilminar a Review) DATE, November 17, 2009 DUE, Decemlaer 1C. 2009 FAX OR E-MAIL TO:, 2355490 71, RETURN RECOMMENDATION IMAGE ONLY. ATTACHMENTS NOT REQUIRED. = . i„ ; L; � L:% %7. f f,; J j r-q .f /2 -ate ; f /�7;1 ICY,_ ` >, =% /t�,�2.�1 . _DATE' ,� �� / f r� Z c� 1 E, r,. 'OOJ i 0'i rr,% mum T0; Carl Litteell, Engineering Cepvtment John 5yorrrl, Area Plan Commission erni &o.st -'��� h.i�r.us or 236-0M fax) ,)eff Gibney, Community & Economic Developrrtent Chris Cres -sel, Community & EG4nomlo DOvs prnent Bob Mathia, Community & Eoonomia oeveloprnent Federico Rodriguez, Fire :)epailment Andre Prica, Solid Waste Stephen Coen, Palice Department Cheryl Green, City Attorney's Office Jim Settln, NIpSCC 'rbettin i our o,corn cr 284 -2220 fax) for In s( orm ®ray Received lime Nov, 13, 12.27PM FOUNDATION 8iM LiticoLNkAVAY WLSr SOUTH BEND, IN 46616 PHONE (S74)289-1066 F,ax (574)289 -4SS0 4 February 17, 20105L�x To Whom It May Concern: South Bend. heritage Foundation (SBHF, ), on behalf of historic Dunbar Corner Partnership, is requesting the vacation of the following alley: The first North/South alley East of LaPorte Avenue along Colfax Avenue to the first East /Nest alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of Bank ®utlots 31 & 32 to the City of South Bend, St. Joseph County, Indiana SBHF owes and operates Historic Dunbar Corners Apartments, located to the immediate west of the alley. Upon completion of a recent property survey it was determined that the house located at 902 Colfax (part of Dunbar Corners Apts.) is 7" over the property line - into the alley. hi addition, this alley is no longer used -- it is very narrow alley, only 8' wide; so it is difficult for a vehicle to fit through and the area is grown over by grass as no vehicle (neighbor or City related) travels down the alleyway. If you have any questions, please feel free to contact Liz Maradik at 289 -1066 x 221. Thank you for your consideration. Sincerely, J� Phil Byrd Executive Director r. eogh 4 ®rks- aVOR ' fS - i•, .. r 4 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public properly. NOW, THEREFORE, BE IT ORDERED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first North /South alley East of LaPorte Avenue along Colfax Avenue to the first East/West alley for a distance of 198 feet, more or less and a width of 8 feet. Being part of Dunbar's Sub. Of Bank Outlots 31 & 32 to the City of South Bend, St. Joseph County, Indiana hereby determines that it is desirable to vacate said properly. SECTION ll. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: 018 - 1025 -10691 Lot number - 9 018- 1025 -1070 I Lot number - S Y2 lot 10 018- 1025 -1071 / Lot number - N '/2 lot 10 SECTION IV. The purpose of the vacation of the real property is to improve the quality of life by providing adjacent property owners with additional land and removing an obsolete alleyway. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Cod ficjl Presented by me to the Mayor of the City of South Bend, Indiana on the day of _, 2_, at o'clock .M. City Clerk Approved and signed by me on the - day of _, 2_, at o'clock .m. 1 st READING L- — IZ-- � > PUBLIC HE:A-RiNG 3 rd READING NOT APPROVED RHERRED PASSM Mayor, City of South Bend, Indiana mikeld �n C1, Y��,!s 0�1 Fee -0 QQ 113, D E ", Pa:iLIT'GN TO VACATF PUBLIC RIGLFLS-QF-VVAY I a-T RE E T S TALL L EYS TO THE COMMON COUNCIL OF THE CITY OF SOUTH BFND, iNMXNA DATE: I (WE), THE UNDERMGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A, THE ALLEY DESCRIBED AS- 5 F B. THE STREET DESCRIBED AS. NAME (signed & printed) ADDRESS u CONTACT PERSON (5) NAME uff.,� OFFICE OF THE CITY CLERK ADDRESS JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY iBU, LDIN f SOUTH BEND, IN 46 01 n tONE. 574-235-9221 rj-r3 i. 7 2010 r,T,f LOT 9 9 Legal Description` The alley to be vacated is the first North/South alley East of L_a Porte Avenue along Colfax Aveune to the first East /West alley for a distance of 198 feet, more or less and a width of 8 feet. Being a part of Dunbar's Sub. of Bank Outlots 31 32 to the City of South Bend, St. Joseph County, Indiana. � F E B 1 7 201 k , =tJ PIE c4 m (°7 � � rD (� c[Y m cD co C4 c:y to i� cn to co w 'D c°o c- °w co c°o co �° to c� Cf3 co cf} (°o CA c°o rU GO 0 tO (9 CD to Uf t4 co It Ci] (o (D 0 CD �r c0 CO w (p �r �r V � v $- I:t I�t C� z z z 7 z z C3 0 a a C -a C -0 C - 10 rs C C a C -0 C -0 C a C -a C u C -0 C 0 C C C 0 C N C 0 N C 0 C C C a) w 0 .� L w 7 U3 C U7 7 w 7 in 7 U3 3 (D 3 W m U U CO 7 0 7 0 3 0 7 7 0 0 0 7 0 Cl) I 3 0 (f) 3 0 m 0 v) 7 0 U) 0 0 7 0 m U) co O m iA w U) 0) co d ® ° co d C p _ ¢ X © N Q 0 31 7 N C9 C w N C L C L K ig Q X N D C C X `� N X I E C X f6 co '"^ O U U U EA Ci} (a Cif U O l7 U (il p z[ p (] U " 5 OO OD CO iM tl- i` N co O M i� � � d' d' � d' �#' � d O O M o M 03 cli cA in OO CA co ,"CA _. c CA 61 O) 6i 67 m co 00 0 6) OD T e z z w w �\ <, A LLJ €1 ,z "1 w a_ a. z z (1- a_ ¢ o w f' U3 to U) W co af (n W p tL w < s u1 z z z z z z z z z O O v3 F F F F F U J g J Q c( J w 06 06 aa. a a a a a a � < w ( z ¢ U_ w � w [Y w tY ill m fY W w � w w w O CC O O Q z ❑ ❑ J w Y- x f m x � w m � < Q J Q a a (Q/) b O U O U O U O O U U O U O U " M Q _ Q W J pS ❑ z z z < Q Q w w —i CO U 0Y c3 Q w <C d' Q a' tC Q Q EY: Q F z Q z ? .6 W w LL > L11 LZ- uj J J z O m w 0 w z - C7 w m z co z m z m LAS z z m z #7] z � w n z ❑ z z :j ❑ O Lq L O � 2 w -..� a O ' m n � O — z ¢ a J W CC Q d et O Cs ❑ U ❑ U ❑ U © ❑ U U ❑ U ❑ U ? z z W ❑ Q Q (73 Q { y CY Ll GY z 0 i� CX f� €i fK 0 � I= � LL) � � U) a U) rn ❑ z w Z Z z z J O F O F O E O O F--- F O !— O F Q U F f F m O U O ¢ F Q CC w U O 0 O C7 O Cl O O 0� < % u3 u7 u3 cn O co u3 U O C) m m m m m m m ca m = z z d m N x 0 z o ui z O ❑ w Qw F C7 fl X w LL JC w (7 a p w w W p a w X w Lu � _ J O 1 O cc (L J w J h^' J O (j o° J g Cw N LL a. O o o 0 0 o co 0 (3) U U C9 c0 00 0 co (4 co 0 tv to Cif (9 N r U U N m m Cl) N 0 ¢ 0 co M N M co ^cY N Q C) � 0 61 � CQ co 0) N CT7 — C7 M1 M1 N O (p tD O M1 M1 O >D M1 M1 M1 LO Cl) c4 V' c9 t@ to CL1 t� (p to W [f) a) Cp O of 00 to N N N Csl h N CO L tp O CC] O O b Q O © co 0 O I N IS) N t.- N (N '�' LO N tf7 N tf) N ttl N u7 N i` N u7 N L6 N 6 N u) N (n t(') N N til N N h N N N 't Iii N N N 3� N b O 0 O 0 b CD M O O r ° r (3 r b r ° N C6 r m r w r 47 c Cm r w r co Cb rA M CO CO M Cta 00 W CA W W CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 ? ]" Cnuu � r -Crry Btii€.o;, is 227 W .JUTTRsoiv 130tMB11J i7 Sou-rri BEND, tHDIANA 466tH -133€) (sITY QF Sou, -TF-I BFPir) STEM IEN j. Lu7cio - -, VW oit BOARD OF PUBLIC WORKS February 8, 2010 South Bend heritage Foundation 803 Lincoln Wav West Smob Fiend, IN 46616 Pt- aor•ie 57412335 -97.51 1'nx 574123 5-9171 TDD 574/ 235 -5567 RE: Alley Vacation — The First North /South Alley from Colfax Avenue to the East /West Alley between LaPorte Avenue and Chapin. Street (Preliminary Review) Dear Sir or Madam: The Board of Public Works, at its February 8, 2410, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comm(nits and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not nialce access to the lands of the aggrieved person by means of public way difficult ur inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. You will need a radius map showing properties within 150' of the proposed vacation for your Petition to the Common COL11161, Please contact Tony Molnar at (574) 235 -9254 prior to piclang up your radix €s map. ft tales a aproximately two (2) days to pep3are the radius reap. Once you pick up the radiris neap, proceed to the City Clerk's office for your alley vacation packet, �S i11ce�ely, Linde -M. Martin, C'lz rlt c: Federico Rodriguez, Fire Department "Folly Molnar-, Eingineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Liz Maradik, CED Gf,mA. G€ €.o'r, DONALD E. INKS OH'N H. WRPHv PRHIDEa i r MFNiSFk MrMaeR BOARD OF PUBLIC WORKS K TO: Carl Littrell, € g nearing DeparIrnent John Byorni, Area Plan Commission (jbborni rJcoo�os��hjn,us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Coma- nunity & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NfPSCa (�mGriifirE niso�f =c .cam) For Informational Purposes 01ify FROM: Linda M, Martin, Clerk RE: Request for Recommend ;tifln - Alley Vacation Location: The First NIS A2fy from Colfax A, e to i,,e E/W Alley bttween LaPorte Ave and Chapfn St (Preliminary Review) DATE: January 13, 2010 UE: January 2 -12010 FAX E-MAIL TO, 23,5-9171 r fm rsin( � th ndi g.g gy RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED, COMMENTS S.1RECOMMEN I�sI�N�: .� Fy de. v.• .C`<,- E? U �^ ;! !s' 1 e:.. _,�_DATE: r, DoS /00 f N-1 F- -0 FFIC E -MEMORANDUM BOARD OF PUSUC WORKS TO: Carl Llttreil, Engineering Cepartment John Oycrni, Arco PIan Oornmission (�vo rrE c�, tm'os� or 235°9813 fax) I Jeff Glbnay, Community & Economic Development Chris Dressel, Community & EoonornlC QevelopmGnt Bob Mathla, Community & Economic Development i Federico Rodriguez, Firs Department Andre price, Solid Waste Stephen Coen, Pollee Dep�r#m ®nt Cheryl Greene, Olty Attorney's Office 3, Phil Griffin, Iu1PSOO ( I ou o @,corm ) For lnformatlona! Purposes Only DUE: JaRLwL21 2913 r-AX OR E -MAIL TO,, 235 -0171 ( lmartl_ . soufhbandim ov RETURN RECOMMENDATION PACE QN Y. AT`I"AOHMENTS NOT REQUIRED, CgMM5NT6 & R CQMMEif '�IC_NS: ICY: IAA T l Received T Irne Jan, 19 9.02011 tree � a `umd"ssiama O �q 108'e ll _ �.a .tee � �� ua� �u,.n nn�v ff �.ae ��� ��a ¢ � i '0 (Don �Ry-City Building South Bend, Indiana 46601 ,John W. Byorni Larry R UajloZzl Executive Director assistant Director Phone 574 235 -9571 R + www. stiosepheountyindiana .comla reap Ian Fax 574 2359813 January 14, 2010 The Board. of Public Works 13t' Floor, County -City Building South Bend, Indiana 46601 RE: Alley Vacation Vacation of the first NIS alley from Colfax Ave to the EIW alley between LaPorte Ave and Chapin St. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (l) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would nol make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located cr to which it is contiguous. Staff recommends that the streets be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, l j �.� Christa Nayder Planner Serving South Bend, Lakeville, New Carlisle, North Litre €iy, Osceola, Roseland and St. Joseph County, Indiana JennVer Cone ® p Fv da Alley Vacation Recommendation Ist N/S alley from Cdfax to E/W alley btwn LaPorte ome Chapin From, Chris Dressel Tai. Jennifer Corle Date: 1 /20 /2010 3:19 PH Subjecta Re: Fwd: Alley Vacation Recommendation 1st is /5 alley from Colfax to E/W a {ley btvdn LaPorte & Chapin CC: Elizabeth Maradik Attachments: Elizabeth Maradik Jennifer - i attempted sending this to Michelle - e -mail wasn't available? Alley vacation recommended for approval. Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574-235-9697 codresse sr�uthbendi! 1,99Y Christopher D, Dressel Planner City of south Bead Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574 -235 -9697 cdressef @sr�uthbenclin_ goy_ >>> Michelle Burgett 1/14/2010 8 :36 AM >>> MGCn21l,e -BPrg�UL City of South Bend Department of Engineering and Board of Pubtic Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 This message may contain confidential+ and /or proprietary information and is intended for the person /entity to whom it was ol-ISinatty addressed. Any use by others is strictly prohibited. Crle:11C;1f ocur1ients grid Settirigs\JC0RLE.1Loca1 Settirigs\Teri1plX1grpwise14 3571EEBS0.., II20 /20I0 INTER-OFFICE MEMORANDUM, BOARD OF PUBLIC VVORKS TO: Carl Littrell, Engineering Department -i ohn Byomn , Area Flan Commission {jhy�o.�t�io_��s or 235 -9813 fax) �JefLGibney, Community & Economic Development L is Dress(-I, Co rnmunity & Economic Development :mob Mathia, Community & Economic Development ,Kederico P.odrfguez, Fire Department Andre Price, Solid Waste f`tephen Goen, Poke Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCC} {pmgriffin(anisource.com.) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for ReccmMendation - Alley Vacation Location,. The First NIS Alley from Colfax Ave. to the EAN Alley between LaPorte Ave and Chapin St. (Prefirnirrary RGview) DATE: E: January 13, 2010 DUE: January 21, 2 0'10 FAX OR E-MAIL TO: 235 -9,1:1 1 'Inla.irl southbendin. ov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ELY: 1 ho TE: jean fer Carle - Hkeh Aflay Vacation C lf xi 0 aparte Chapin Area From: Andre Price To; Jennifer Corle Date, 7/2/2010 7:416 AM Subject. Re: Alley Vacation - Colfax /Laporte /Chapin Area trash collection will not be affected by this. file: / /C:\Documcnts wid SettingsUCORLE1Local Settii3gs lTemp\XPgrinvise14B67DS49SO... 2/2/201.0 1222 S. Mi CHtG IN STREET- SOUTH BEND, INDL%,NA 46601 -2521 CITY OF SOUTH BEND STEPPP34 J. LuFcKE, MAYOR SOU'T'H BENDFiRE DEPARTMENT HowARD W BUCrlANON FIRE CHIEF PHON0741 235 -9250 FAx 574J 235 -9071 T DD 5741235 -5567 January 18, 2010 Mr. Derek Dieter - $. South Send Common Council 4th Floor, County -City Building 6A,___ 227 Nest Jefferson Boulevard South Bend, Indiana 46601 RE: A bill to provide for extinguishing certain fires or open burning. Dear Mr. Deeter: On behalf of the South Bend Fire Department, I am submitting a proposed ordinance to add Chapter 9, Section 21 of the South Bend Municipal Code, to incorporate into the South Bend Municipal. Code a provision already in the Indiana Fire Code regarding recreational fires and open burning. The Indiana Fire Code allows for the presence of recreational fires and open burning, and provides that the Fire Chief may order that the fire be extinguished if it is hazardous or poses a health or safety risk. City offices often receive calls on recreational fires that may be harmful to nearby persons or property. Adding such a provision to the South Bend Municipal Code would assist citizens seeking information and would assist the Fire Department in keeping the City's neighborhoods safe and peaceful. Either Fire Prevention the bill, and Ann -Carol Mash address any questions of the Fire Department requests yo Please feel free to contact m cc: A. Nash F. Rodriguez A. DeRose Chief Federico Rodriguez or I will present of the Legal Department will be available to Health and Public Safety Committee. The ur favorable consideration of this bill, e should you have any questions or concerns. Sincerely, H" ward Buchanon, II Cief, South Send Fire Department H: \wpdata \FIRE \Ordinance cover letter extinguishing JANas LoPEz PEDERIco RoDrucui z, JR Nb.RK M. No-uncm AssT. CITIEP OPLRATIONS Ass-f _ C14TEF FTRP PREVENTION ASSIST. CI ITT SERVICES Filed In 4r3 JAN 1 8 2010 ire w cis Gl.��K— �.,��• �'��---� �' r�` STEPHEN F Cox Ass-r. CHIEF EMS ��G BILI, N0. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 9, Article 4 of the South Bend Municipal Code, which governs Leaf Burning and Air Pollution Control, to add a provision set forth in the existing Indiana Fire Code allowing for recreational fires and for extinguishment of otherwise permitted fires if the fire poses a hazard to nearby property or a risk to health or safety. The Indiana fire Code, which is incorporated into the South Bend Municipal Code in Sections 6 -2 and 9 -2 of the South Bend Municipal Code, currently allows for recreational fires and certain open burning, and provides that the Fire Chief may order discontinuance of such fires if they constitute a hazardous condition. 2006 International Fire Code, Section 307; 675 IAC 22- 2.4-1; 675 IAC 22-- 2.4 -4(4). The Common Council of the City of South Bend determines that it will assist the citizens of South Bend to incorporate into Chapter 9 of the South Bend Municipal Code the direction already provided in the Indiana Fire Code regarding recreational fires and open burning, and to specify in the Municipal Code that fires that are otherwise permitted may be ordered extinguished if the Fire Chief or designee of the Fire Chief determines that the fire` poses a hazardous condition or a risk to the health or safety of persons or property in the surrounding area. This addition will assist citizens with ready access to the standards and procedures set forth in the Indiana Fire Code regarding recreational fires and open burning. SECTION I. Chapter 9, Article 4, Section 9 -21, of the South Bend Municipal Code shall be, and hereby is, added to read as follows: sec. 9 -21 _.es-e_ r-__. Discontinuance of recreational fires or open burning upon direction of Fire chief. `Those fires which are not otherwise -prohibited by Section 9 -20 of this Code may be allowed except as -Qrovi.ded in subsection b of this section. The Chief of the South Bend Fire Department or the Chief °s desi nee is authorized to determine xahethe- a recreational fire o Den burning of an kind or smoke from a fire or o en burning constitutes or causes a health or safety hazard or is harmful to any occupant of or propert-Y in the area surrounding the fire or open burning, and to order that the fire or open -burning be extinguished immediately upon making that _determination. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. Member of the Common Council Attest: i t City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at o'clock . M. City Clerk Approved and signed by me on the day of 2010, at o' clock . m. Mayor, City of South Bend, Indiana 13€ �EANRO z5- � L�, PUBUC HF :RIFT: REFE ARE f ASsEU 2 g 1 vV CIFY OF SOUTH BEND S7 "E,PHEN J. LuF -cKE, MAYoit DEPARTMENT OF PUBLIC WORKS February 2, 2010 `° v Common Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Appropriation(s) from the Non - Reverting Loss Recovery Fund (Fund 227) Dear Council Members: Enclosed for filing with the South Bend Conurion Council is an ordinance appropriating $125,000.00 from the Non - Reverting Loss Recovery Fund (4227) for various expenditures. I am requesting an appropriation to cover the costs associated with demolishing a building located on the site of the future Kroc Center (521 S. Chapin Street). I have attached a site plan of the proposed Kroe Center with the existing building highlighted in red along with some photos. I am requesting that $100,000 be appropriated to cover the costs of the preliminary environmental work and also the demolition and removal of the entire building. Time is of the essence in this project as the building needs to be demolished prior to the planned May groundbreaking of the Kroc Center. I am also requesting an appropriation of $25,000 from this same fund for miscellaneous outstanding Brownfield Environmental Regulatory Rernediation issues such as post- closure testing at the Fredrickson bark landfill and potentially other sites. I will be in attendance to present this ordinance to the Common Council and answer questions. Regards, [nary A. (pilot, Director of public Works k4.rd I € , - 201 Depazttnent of Public works Engiucering water works Central Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungate ;Nutt Chlcbowski Sam 1-lensley John J. Dillon, 11h.D. 574/235 -9251 574/235 -9251 5741235 -9322 574/235 -9316 5741235 -9244 5741277 -8515 Pax 574/235-9171 Rix 5741235 -9171 Fax 574/ 235 -5595 Fax 5741235 -9007 1,ax 5741235 -9272 Fax 574/ 277 -8980 f ORDINANCE NO, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY Or SOUTH .BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND ( #227) IN 2010 FOR VARIOUS EXPENDITURES STATEMENT OF PURPOSE AND INTENT On December 8, 20081 the City of South Bend Common Council passed Ordinance No, 9890-08 which established the Norueverting Loss Recovery Fund ( #227). The purpose of the fund is to receive compensatory or exemplary damage payments from third parties arising from loss or damage to City tangible or' tangible property. The City has received payments to date of $4,881,962.00 in this fund due primarily to the settlement of a MTBE contamination lawsuit and also has received interest earnings in the amount of $23,274-.12. A total of $429,636.68 has been spent from the fund to date resulting in a current cash balance of $4,475,599.44. The Department of Public Works has identified $25,000.00 in necessary expenditures for miscellaneous brownfield remediation issues at Fredrickson Park and potentially other sites. These expenditures are eligible for appropriation in this fund. In addition, the Department of Public Works wishes to provide funding for environmental consulting and demolition of a building located on the site of the proposed new Kroc Center. The purpose of this ordinance is to request a 201.0 additional appropriation in the amount of $125,000.00 from the Nonreverting Loss Recovery Fund ( #227). A total of $170,000.00 has been previously appropriated in the 2010 capital budget in this fund for CAC filter media replacement at Water Works. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Ir.idiana, as follows: SECTION 1: The following sum of money is hereby appropriated in the fiscal year 2010 and ordered set apart from and within the Nonreverting Loss Recovery Fund ( #2'- for expenditures as follows: Tease ®t' �€iltnre Atuount Brownfield Rennediation $25,000.00 Consulting and Demolition 100,000.00 TOTAL W5,44� SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member of the Common Cou�cil ,v OPa� Presented by me to the Mayor of the City of South Bend, Indiana, on the day of _ , 20 10 , at f o'clock — . in. City Clerk Approved and signed by me on the ,_ day of o'clock . m. PIUIRK HEARING ri .._.•,! %:iris PASSM , 2010, at Mayor, City of South Bend, Indiana FEB '201.0 i=a r r 31E. ----- ----- Y.6 ii i w i .......... Ze 74 rf ti 1 L:� i -fir ii i w .......... ii i w February 12, 2010 Derek Dieter President, South Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Cominon Council an Ordinance requesting an appropriation of $10,200 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 27' )). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. The marketing project for which the Morris Performing Arts Center desires appropriation consist of the following: $10,200 Renewal of a One Year Lease of a billboard to market the Morris Performing Arts Center. The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, 6 Dennis J. Andres Executive Director DJA/kh Attachment Mori-is Performing Arts Center ® 211 N. Mi r s, x f i of °I=ce EEB 20 10 jott,fii UOUDE CITY GLz °'A 'K, S,0, F~EHD! IN. Street ® South Bend, IN 46601 Office: (574) 235 -9198 ® Fax: (574) 235 -5604 ® http: / /www.MorrisCenter.org u AN ORDINANCE OF THE COMMON COUNCIL OF THE CITTOF SOUTH BEND, INDIANA, APPROPRIATING •. MORRIS R is AND PALAIS ROYALE MARKETING 's 4 (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has accumulated the necessary funds to renew a one year lease of a 12' x 20' billboard located near the University of Notre Dame and Kite Center Development on the corner of Edison Road and US 23 in South Bend. The use of this billboard will be to market the Morris Performing Arts Center. The Morris Performing Arts Center hereby requests those funds to be released to renew said billboard lease. The amount of $10,200 is requested for lease appropriation. NOW; THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for a one year lease of a billboard to market the Morris Performing Arts Center. Account Number Description Amount 273 Morris Performing Arts Center $10,200 And Palais Royale Marketing Fund Section 11. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. �-- Member, South Bend Common Council W AW Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of , 2010, at o'clock m. City Clerk Approved and signed by me on the day of , 2010, at o'clock .m. Mayor, City of South. Bend, Indiana s Kim �� Ili F sfi REA NG EFARIOG pU�LIC I-, i "OT ""PROVO P 4SSEJ� m1witizow,.. i WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111 -5) (the "ARRA ") modifies the Internal Revenue Code of 1986, as amended (the "Code ") to authorize. among others, two new types of bonds entitled "recovery zone economic development bonds" and "recovery zone facility bonds;" and WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build America bonds (as defined in section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 140OU -2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, qualified economic development purposes include expenditures for the purpose of promoting development or other economic activity in a recovery zone, including capital expenditures for property located in the zone or expenditures for public infrastructure and construction of public facilities in the zone; and WHEREAS, the ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility bonds" in Sections 140OU -1 and 140OU -3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with "qualified business ", defined to include any trade or business other than residential rental property and certain prohibited uses outlined in the Code; and WHEREAS, Sections 1440U -1 through 140OU -3 of the Code and related Notice 2009 -50 issued by the U.S. Treasury Department (collectively, the "Recovery Zone Act ") define a recovery zone as any area designated by the City of South fiend, Indiana (the "City. ") as an area having significant poverty, unemployment, rate of home foreclosure, or general distress; and WHEREAS, the City has determined that it is in the best interest of the City and its citizens to designate the entire area within the boundaries of the City as a "recovery zone" for purposes of the Recovery Zone Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Rend, Indiana as follows: 1. The City hereby finds, determines and designates that the entire area within the boundaries of the City is an area having significant unemployment, rate of home foreclosures or general distress, and therefore hereby designates the City as a recovery zone for purposes of the Recovery Zone Act. ?. The Mayor and City Controller of the City are hereby authorized and directed to take all actions as may be required in furtherance of this Resolution and the designation of the recovery zone. 3. This Resolution shall be in full force and effect front and after its adoption by the Common Council of the City and approval by the Mayor of the City. COMMON COUNCIL OF THE CITY OF SOUTH BENZ.], INDIANA Member of the Common Council F-Hod In A'5 F N1 T ED < .q ",'Pp 1200 COUNTY -CITY Butu)w- 227W JE.FFEkSON Bo�:i r ..vutu So ri-3 B Nn, INDIANA 46601 -1830 Pi oNr. 5741235-9371 F,tix 5741235 -9021 'r DD 5741235 -5567 Q-rY or Sou-r-,i BEND J. LU CKF, MAYOR COMMUNITY Ec0Nomic DEVELOPMENT JEFrREY V. GIBNEY EXEC:U7IV6 DIRECTOR March 3, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46801 Dear Council Member: The attached Resolution for your consideration would designate the City of South Bend as a Recovery Zone. The Recovery Zone Act was part of the stimulus program approved by Congress in 2009. Certain types of bonds are available only in Recovery Zones, and only available until the end of 2010. As we review development opportunities this year, having the Recovery Zone designation in place gives us another tool to meet those challenges. This Resolution only designates an area where these bonds can be considered. Any specific bond project would need additional approval by the Common Council. Please call me at 236 -9339 if you have any questions. I will attend your March 8th meeting to make presentation of this bill. Sincerely, Donald E. Inks Director Economic Development cc: Jeff Gibney tt w A VTV (~f)VfMir~I n DfvEL( PMENT E.CONomic DF.lnopmFF T FINANCIAL & PROGRAM PANOILA C. MF. Nt Dm4.1Ln F.. inxs MANAGJLMCNf 5731235 -966n 5741735 -9371 !L!ZAKTw €,ECNAU F.nN 5741235 -4697 5741235 -9371 RESOLUTION NO, A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), on March 5, 2310, approved and adopted its Resolution No. 2657 (the "Declaratory Resolution "), Exhibit A. amending the acquisition List in the Airport Economic Development Area Development Plan (the "Plan ") for the Airport Economic Development Area (the "Area ") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment ") and confirrn.ing the legal description for the Airport Economic Development Area; and WHEREAS, the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting official planning body for the City of South Benc!, Indiana (the "City "), on March 16, 2010, adopted and approved a resolution, a copy of which k attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. By: Attest: City Clerk COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Exhibit A (Declarator), Resolution of the Redevelopment Conunission) WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bead Department of Redevelopment ("Department"), on February 23, 1930, adopted Resolution No. 919 declaring the Airport Economic Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36- _7 ---14 (the "Act "); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan (the "Development Plan ") adopted by Resolution No. 919 can February 23, 1990 were confirmed by Resolution No. 938 adopted on June 27, 1990, and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and conflnaaed by Resolutions No. 971 adopted on January 2 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. I and Expansion Area No. 2; and WHEREAS, Resolutions No. 919 was further amended by Resolution No. 1059, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area loo. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15, 1994; and WHEREAS, S, Resolution No. 919 was further amended by Resolution ilia. 1349, adopted on July, 7, 1995 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolutions No. 1516 adapted ors July 18, 1997; and WHEREAS, Resolution No, 919 was further amended by Resolution. No. 1545,, adopted on Novernher 21, 1997 and said resolution expanded the airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 919 was further amended by Resolution No, 1667, adopted on February 190 1999 and said resolutions expanded the Airport Economic Development. Area by adding Expansion Areas No. 6. 7, and 8; and WHEREAS, Rcsolu.ti€an No, 919 was further amended by Resolution No. 1670, adopted on March 5, 1999; and WHEREAS, Resolution No. 919 was further amended by resolution No. 1796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted 011 October 20,, 2000; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1527, adopted on February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 11: and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding, Expansion Areas No. 12, 13, 14 and 15; and WHEREAS, resolution. Nee 919 was further amended by Resolution No. 1958, adopted on ;March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion. Area No. 16; and WHEREAS. Resolution No. 919 was further amended by resolution No. 2006, adopted on November 7, 200' and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS, resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No, 18; WHEREAS, Resolution No. 919 was further amended by Resolution No, 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22.2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2106, adopted on November 5, 2004, and WHEREAS., Resolution No. 919 was further- amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Econornic Development Area by adding Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245. adopted on July 21, 2006; and WHEREAS. Resolution No. 919 was further amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion. Area No. 21; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2279, adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution Igo. 919 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (time "Consolidated Area No. I ") into the Airport Economic Development Area; and WHEREAS, Resolution No. 919 was purther amended by Resolution No. 2352, adopted on July 205 2007; and '"'HERE, AS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2450, adopted on May 16, 2008; and HE REAS, Resolution: No. 919 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, the Development plan includes a list of parcels (if property to be acquired; and WHEREAS, it is necessary to modify the list of parcels of property to be acquired by adding additional parcels of'property to the acquisition list; and WHEREAS, the Cornmi.ssion previously adopted the Development flan and now desires to amend time Development Elan to provide for the acquisition of the parcels of property set forth in Exhibit A; and WHEREAS, on January 15, 2010. the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS. pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan. and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City; and WHEREAS, upon such surveys, investigations and studies having been made. the Commission finds that the legal description defining the Area has become unmanageable and should be restated and confirmed. s:: 4 I . The Commission hereby determines that to accomplish the redevelopment ofthe Area, it is necessary to acquire additional lard within the Area, as shown on Exhibit A attached hereto and incorporated herein. ?. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment, 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) unproved diversity of the economic base, d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $151400,000.00, The Commission hereby delen-nipes that the Plan Amendment conforms to other development and redevelopment Mans for the City. 6. a. The maps and plals of the Airport Economic Developmcrrt Area, showingthe boundaries, tiro location of the various parcels of property; streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and flats were previously adopted by the Commission. are hereby confirmed by the Commission. b. The legal description defining the .Airport Economic Development area is restated and confirnrred as contained in Exhibit 13, attached hereto, 7. The Secretary is hereby directed to file a certified cosy of said Development Plan, as amended, with the minutes of this meeting. S. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Send City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the flan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and 1C 5 -3 -1 and after all required filings have been arcade pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10, This Resolutions does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of'Arnerica is hereby assured of full compliance by the South Send Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Balance of'Page in.fenrionally left blank) ADOPTED ,at a i-egular meeting of the South Bend Redevelopment Commission held on March 55 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. F.969131= Nancy No King, Secretary South Bend Redevelopment Commission CITY OF SOUTH BEND, Marcia T. .lanes es idea L Ti—i P i _m (—a —n c77—hTF South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION NO. . � Burton Properties owned by South Bend Board of Public Works - Parcel # I Pro er"r Address Name 018.8027 1085 018.8027.1086 v /13 8 9 William St __ 1517 S Taylor South Bend Board ofPuhlic Works South Bend Board of Public Works W�.. 018M27.1087 1 018.8027.1095 ._- - 1518 S Taylor 5 W Indiana: South Bend Board of Public Works South Bend Board of Public Works 01 &8027A098 PO Box 2647 South Bend Board of Public Works 018.8027.1099 2647 v/1 William St South fiend Board ofPul�lic Words _ _ � �- WEST OF PRAIRIE PROPERTIES { � P'arcel # Property Address Name 018 -8021- 084102 1040 W Sam le Central 'Trans ort 018 -8021- 084203 1008 W Sample ^m — Suzanne L, Crofoot Rev Trust 018- 8021 - 084204 1008 W Sample Curtis LCrofoot Red Trust 018- 8021 -0842 1008 W Sample Curtis L Crofoot 018- 8021 - 804201 1000 W Sale Cao Enterprises LLC 018 -8022 -0899 018 - 8021 - 08471_0 1015 Prairie 18 S Prairie W Missionary Chureb North Central District JVli Inc 018 -8021- 084708 018- 8052 -2114 _ 018- 8052 - 211401 1313 Prairie 1503 Prairie 1505 Prairie JVH Inc Indiana band Trust 1503 Indiana Land 'Trust 3051 � — -- IVY TECH 2010 � Pat-eel # Property Address Name 18.7001.0017 1 $°idencio & Es eranza B€aeno 18.7001,0018 114 E Sample Fidencio & Es eranza Bueno 18.7001.0026 115 E Chico IrtidencieBueno 18.7001.0416 120 E Sample _ _ Patricia A Enyart Rev Trust 1 18.7001.0027 117 E Chia Patricia A Enyart Rev Trust 1 78 0 ]0 .0028 119 E Ohio Patricia A Enyart Rev rust l 8.7001.0029 121 E Ohio Patricia A Enyart Rev Trust 18.7001.0030 1 .123 E Ohio Patricia A Enyart Rev Trust 18.7001.0013 202 E Sample Leonard & Karen A Sears 18.7001.0014 130 E Sample Leonard & Karen A Sears 18.7001 M31 125 E Ohio Leonard & Karen A Sears 18.7001.0032 _ 127 E Ohio, - -- Leonard & Karen A Sears 18.7001.0033_ 129 E Ohio Norwest Bank as Succ Trustee Family Trust for Justin S Barron GORNY PLAZA Pii reel 9 Property Address Name 018.8003.0139 122E Garst St 3ose h A & Geraldine L Corny 018.8003.0145 1116 S Main St Joseph A &. Geraldine I_, Corny 018.8003.0151 1107 S Michigan 5t 1oseP1� A &, Geraldine L Gorov INDIAN-AVE TAYL€T.R to PRAIRIE Parcel # Property Address _ � Name 1018- 8024 -0981 1402 Prairie Amundson James M & Carol D i 018- 8024 - 098201 1402 Prairie Ave _ Amundson Jarnes M & Carol D 018 -8053 -2120 018 -8053 -2121 � 1504 Prairie Ave 1512 Prairie Ave. Veen Lois -- Problem Deed Veen Beene D m_ 018- 8053 -2122 1514 Prairie Ave Veen Beene D 018- 8053 -2127 1522 Prairie Ave Bottorff Arthur E 018 -8053 -2129 1524 Prairie Ave 1 Magee Thomas And Mar}_ 018- 8053 -2130 1526 Prairie Ave _ Magee Thomas & Mary 01_8- 8053 -2131 1534 1536 Prairie Ave . Trotter Janles C 018- 8053 -2132 1025 1027 Indiana Ave Bautista Arrmando &. E, Iva C 018- 8053 -2133 1538 Prairie Bautista Armando & Elva C 018 -8053 -2134 1017 W Indiana HardiD Albert *Prob Deed's 018- 8053 -2141 1530 Kemble City Of South Bend 018- 8053 -_2139 1531 Kernble Ta for Distributors Of Indiana Inc 018 -8053 -2138 1527 Kemble. _ Delgado Carlos & Monica 018- 8053 -2137 1525 Kemble Ave Thomas Betty B % Smith Betty 018 - 8053 -2136 1521 Kemble Ave Rice Shirley D As The Mother And Legal Guardian Of Rice Corderyl D 018- 8053 -2135 1521 Kemble Ave Rice Shirley D As The Mother And Legal Guardian Of Rice Corderyl D 018 -8053 -2126 1519 Kemble Ave Ross Anthony Pierre _ 018 -8053 -2125 _ _ 1515 Kemble Ave Peoples Choice National Homes * Problem Deed 018- 8053 -2124 1511 Kemble Ave_ Davis Carla 018 -8053 -2123 1503 1505 Kemble Ave Carothers Alfred & Nathaniel Carothers 018- 8024 -0962 18 Vac Lot 76x 175 Kemble New Jersey End And III Rr % Taxation De t 018- 8024 -0980 _ 18 Vac Lot 76x165 Catal a New Jersey .Ind And III Rr 018 -8024 -0982_ 18 Vac Lot 50x350 Penn Cent Railroad Pro erty 018-8024 -0973 18 1500 Blk Kemble Johnson Jaynes L & Cornelia A - 01 R -8024 -0964 1504 Kemble Allen Tom 018- 8024 -0965 _ 1506 Kemble Smart Guys Lie — — 018 - 8024 -0966 1510 Kemble Washington Arlen.ia 018- 8024 -0967 1512 Kernble White Rose B -0968 1514 Kemble Poster Lillie & Hankin ,lames Derick _018-8024 018- 8024 -0969 1518 Kemble City Of South Bend 018- 8024 -0970 E 1524 Kemble City Of South Bend 018 -8024 -0971 1528 Kerrble Perez Rosa 018 -8024 -0_972 mm _ 1530 Kernble St Dill William Charles - - -- � 018 - 8024 -0990 913 -915 W Indiana _ Bottorff Arthur l 018 -8024 -0991 909 W lndiana B & R Properties A Gere.ral Partnershi 018 -8024 -0992 905 W Indiana -� B & R Properties A General Partnership..._. 018- 8024 -0993 ; 901 -903 W Indiana Up Ventures 1i L1c %Newbridge fealty Ca ital _ L019 -8024 -0989 _ j 1525 Catallsa .�� __I Civil City Of South Bend 018 - 8024x0988 — 15_21 Catalpa nraei man Mike 018- 8024 -0987 —71517 Catalpa _ _ - - - -- 018- 8024 -0986 1513 Catal a Shenerna €s Mike S1urr Gregor A - 018- 8024 -0985 �018- 8024 -0984 018- 8024 -0974 018 -8023- 093001 018 -8023 - 093401 018 -8_023 -0930 01.8 - 8023 - 094201 018 -8025 -0994 _ 1509 Ca ala�_______ 1505 Catalpa 1501 Catalpa 18 Vac Lot 66x 124 Catalpa Av 18 'Vac Lot 64x124 Raffs 1 st State Board Assessed_ - j 18 Vac Lot 63x124 Kendall 1502 Cat Sheneinan bike City Of South Bend Sllenernan Mike Ne iul cy Ind And III Rr, Ney Jersey Ind And Ill Rr. Ney Jersey Ind And Ill Rr. New Jersey Ind And Ill Rr Frison Sarn F & Willie Mae mm 018 -8025 -0995 1506 Catal a Un erecht Craig 018- 8025 -0996 � 1510 Catalpa Caribou hivestmen€ Group talc 018- 8025 -0997 i 018 -8025 -0998 1514 Catalpa 1518 Catalpa 5 surloek Anthony 1.3 I^rison Rev Sara la & Millie Mae 018- 8025 -0999 j 1522 Catalpa r Prison Sang 01 8- 8025 -1000 018- 8025 -1022 1526 Catalpa ! 8234-823-1/2 W Indiana Scott hose L And Jones Willie E Dorothy 018- 8025 -1023 817 W Indiana Av tMedich Kendall lack E 018 -8025 -1024 81.3 Indiana Kendall Sandra & Jack 018 -8025 -1025 809 W Indiana Ave Kendall Jack E & Sandra J 018 - 8025 -1026 807 W Indiana Hells An cls Realty Trust 0_18 -8025 -1027 801 -805 Indiana -Vac Lot Dowling Ste hen T 018 -8025 -1007 1525 Chap € €i_ City Of South Bend 018- 8025 -1006 1521 Chapin City Of South Bend 01.8 -8025 -1005 1517 Cha in City Of South Bend 018- 8025 -1004 018- 8_025 -1003 018- 8025 -1002 1513 Chapin 1509 Chi a �Y — 1505 Chapin Russell Gc2Egr, _Bryce Peters Financial Corporation_ Murphy Linda 018- 8025 -1001 ' 1501 Chapin Murphy Linda 018- 8025.100$ 018- 80_25 -1009 1502 :ha pin 1506 Chapin -1510 Pedraza Eduardo & Maria Del Carmen 1 City Of South Bend % Depart €vent Of Redevelopment 018 -8025 -1010 Chapin Palma -Diaz. Maria Del Carmen 018-8025-1011 T � 7151.4 Cha in Dworecki Naomi - 018- 8025 -1012 �W _ 1518 S Chapin Sta'kowski Angela M 018- 8025 -1013 _ _ 1,520 Chapin Taylor Lonnie E _ 018 - 8025 -1014 1526 Chapin —� Taylor Lonnie E & Luther l Ta for 018 -8025 -1028 725 W Indiana Barany Sheet Fetal Inc 018- 8025 -1029 mm BARANY SHEET METAL INC i 018- 8025 - 102801 _ - -� BARANY SHEET METAL INC� 018- 8025 -1031 ; 733 W Indiana _ McCune James 018 - 8025-1032 ' 729 -731 Indiana A.ve Strantz George S & Theresa 018 -8025 -1033 725 -727 Indiana Ave _ -_ Strantz Gear e S &. The-esa�- 018- 8025 -3021 1527 Kendall j GammageRobert.Jr �— 018 -8025 -1020 1521 Kendall __� ; Gaininage Robert Jr 018- 8025 -1011 1517 S Kendall Girolattto Robert Jr x018- 8025 -1018_ 1513 Kendall -- Mcuinness Eric & Lu i €i x V 018- 8025 -1017 1509 Kendall I Franklin Louise 018 -8025 -1016 _11505 Kendall Austin Darrel L 018- 8025 -1015 1721 S Douglas (Vac Lot) Austin Darrel L 018- 8026 -1034 1502 Kendall Banko Ca ital L) _ 018- 8026 -1036m _ V/L Adj 1504 Kendall City Of South Fiend Board Of P Works 018- 8026 -1038 1510 Kendall Villalba Irma &]Marcos V R W /Ros 018 -8026 -1040 1514 Kendall Ru€n Village Neighborhood Assoc 018- 8026 -1042 1518 Kendall -� _ _ Rum Village Neighborhood Assoc _ 018- 8026 -1044 018- 8026 -1046 1522 Kendall 1528 Kendall Rum Village Nei liborhood Assoc Rum Village Neighborhood Assoc 018 -8026 -1048 721 Indiana _ _ Kraft Tire Service Inc m 018- 8026 -1050_ 713 W Indiana Holmes Damon [ Individual Family &, Community 018- 8026 -1051 709 Indiana Development 018- 8026 -1052 _705 W Indiana Neff Ashley_ 018- 8026 -1053 701 W Indiana Fuzy Michael 018 - 8026 -1047 1521 S Scott.m Rice Matthew L_ -- - 018- 8026 -1045 T 1521 S Scott Rice Matthew 1, �018- 8026 -1043 V11, Adj 1517 S Scott Rice Matthew 1- 018- 8026 -1041 1513 S Scott Hale Yolanda 3 w_ 1 018 -8026 -1039 1509 S Scott Strantz George S 018- 8026 - 1037 -u 1505 S Scott Of South Bend 018-8026-1035 1501 S Scott_ _City Cit Of Sb fBd Of Public Works 018- 8026 - 1054_ 1502 Scott St City Of South Bent] 018- 8026 -1055 Scott -Vac Lot St City Of South Bend W { 018- 8026 -1058 1508 Scott St Dbgfi Llc _018µ8026d1059 018 - 8026 -1062 1512 S Scott St 1514 S Scott St _- ; Wesszo Julius J & Helen M Cardenas Yolanda 018- 8026 -1063 1518 S Scott St Freitag Nancy K 018 - 8026- 106501 _ 1520 Scott St Mbaabu Alice 018 -9026- 106502 1524 S Scott St Badua Jayvee - 018- 8026 -1065 S Scott -Vac Lot St -- Rector Everett And Fr €eta .. — 018-8026 -1066 627 W Indiana Av Carrillo Lino G�_ 018 -8026 -1067 621 W Indiana Av Thaurnaturgus Inc 018- 8026 -1068 _— 617 W Indiana Av Baker George 018- 8026 -1069 615 )Al Indiana Av Baker George 018 -8026 -1070 609 W Indiana Av Monique Inc 018- 8026 - 1071 605 Indiana Av Thautnaturgus Inc 018 -8026-1072 _ 601 Indiana Av Us Bank Na As 'Trustee X018- 8026 -1064 i 519 S Taylor St� City Of South Bend 018 - 8026- 1061_ 1 S_07_S Taylor St _ Erin heal Estate Inc T 018 -8026 -1060 1505 S Taylor St - - Messinger Linda 8r Werntz June 018 -8026 -1057 1503 S Taylor St Thomas William _ Horvat Derhonda & Anglerneyer Agnes 018 - 8026 -1056 1501 Taylor St Problem Deed* ... . �- - _.: `;.M Y .. ,,,�� "�� G '" 1 i .r .� � �`�, EXHIBIT B TO v 1 �!. A PART OF SECTION 24 IN TOWNSHIP 38 NORTH, RANGE 1 EAST, AND SECTIONS 7,8,17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, AND 34 IN TOWNSHIP 38 NORTH, RANGE 2 EAST, AND SECTIONS 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23 AND 24 IN TOWNSHIP 37 NORTH, RANGE 2 EAST, AND SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, IN GERMAN AND PORTAGE TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE NORTHERN RIGHT -OF -WAY LINE OF LINCOLN WAY WEST AND THE EASTERLY RIGHT -OF -WAY LINE OF BENDIX DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 233 IN LINCOLN TERRACE ADDITION RECORDED IN PLAT BOOK 13, PAGES 82 -83 IN THE OFFICE OF RECORDER OF ST, JOSEPH COUNTY, INDIANA, THENCE SOUTHEASTERLY ALONG NORTH RIGHT -OF -WAY LINE OF LINCOLN WAY WEST, A DISTANCE OF 572.5 FEET TO THE SOUTHEAST CORNER OF LOT 215 IN SAID LINCOLN TERRACE ADDITION, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 125.5 FEET (ASSUMED) TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF ARMORS TRAIL PROJECTED EASTERLY 31.5 FEET (ASSUMED) FROM THE NORTHEAST CORNER OF LOT 1 OF LINCOLN MANOR 211D ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 143 IN THE OFFICE OF SAID RECORDER, THENCE SOUTH 69 DEGREES 30 MINUTES WEST PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL (PREVIOUSLY CRUMSTOWN AVENUE), A DISTANCE OF 381.5 (ASSUMED) TO THE NORTHWEST CORNER OF LOT 8 IN SAID LINCOLN MANOR 2ND ADDITION; THENCE SOUTH PARALLEL. WITH THE WEST LINE OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1958.36 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF WFSTMORE STREET; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF WESTMORE STREET, A DISTANCE OF 9 FEET TO THE NORTHEAST CORNER OF LOT 9 IN LINCOLN MANOR 3RD ADDITION AS RECORDED IN PLAT BOOK 12, PAGES 86 -87 IN THE OFFICE OF SAID RECORDER, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 332.7 FEET TO THE SOUTHWEST CORNER OF LOT 17 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 42 FEET TO THE SOUTHWEST CORNER OF LOT 18 IN SAID LINCOLN MANOR 3RD ADDITION, THENCE SOUTH PARALLEL. WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 214 FEET TO THE SOUTHWEST CORNER OF SOT 31 IN SAID LINCOLN MANOR 3RD ADDITION,• THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 84 FEET TO THE SOUTHWEST CORNER OF LOT 29 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 163 FEET TO THE SOUTHWEST CORNER OF LOT 44 IN SAID LINCOLN MANOR 3RD= ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 279.29 FEET TO THE EAST RIGHT -OF -WAY LINE OF GOODLAND AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY LINE OF GOODLAND AVENUE, A DISTANCE OF 19.05 FEET TO A POINT 362.95 FEET NORTH OF THE NORTHERLY RIGHT -OF -WAY LINE OF BENDIX DRIVE; THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS EAST, A DISTANCE OF 239.50 FEET, THENCE SOUTH 0 DEGREES 29 MINUTES 1 { SECONDS EAST, A DISTANCE OF 176.78 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 227.04 FEET TO THE WESTERLY RIGHT- OF-WAY LINE OF ECLIPSE STREET; THENCE ALONG A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 957.29 FEET AND A CENTRAL ANGLE OF 3 DEGREES 26 MINUTES 4' SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 17 DEGREES 02 MINUTES 58 SECONDS EAST, A DISTANCE OF 57.54 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT -OF -WAY LINE OF ECLIPSE STREET, A DISTANCE OF 127.60 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE OF BENDIX DRIVE; THENCE EAST ALONG SAID NORTHERLY RIGHT -OF -WAY LINE TO THE EASTERLY RIGHT -OF -WAY LINE OF MEADE STREET; THENCE SOUTH 978 FEET TO THE SOUTHWEST CORNER OF LOT 68 AS SHOWN ON THE RECORDED PLAT OF WEST END SUBDIVISION, WITHIN AND PART OF THE CITY OF SOUTH BEND, RECORDED ON AUGUST 20, 1901 IN PLAT BOOK 8, PAGE 46, THENCE EAST ALONG THE NORTHERLY RIGHT -OF -WAY OF LAWTON STREET A DISTANCE OF 476 FEET TO THE SOUTHEAST CORNER OF LOT 40 IN SAID SUBDIVISION; THENCE SOUTH 194 FEET TO THE NORTHEAST CORNER OF LOT 30 IN SAID SUBDIVISION; THENCE WEST 222 FEET TO THE NORTHEAST CORNER OF LOT 57 IN SAID SUBDIVISION, THENCE SOUTH 120 FEET ALONG THE EAST LINE OF SAID LOT 57; THENCE WEST 40 FEET ALONG THE SOUTH LINE OF SAID LOT 57; THENCE NORTH 120 FEET ALONG THE WEST LINE OF SAID LOT 57; THENCE WEST 134 FEET TO THE NORTHEAST CORNER OF LOT 53 IN SAID SUBDIVISION; THENCE SOUTH 120 FEET ALONG THE EAST LINE OF LOT 53 IN SAID SUBDIVISION; THENCE WEST 80 FEET TO THE SOUTHWEST CORNER OF LOT 52 IN SAID SUBDIVISION; THENCE SOUTH ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF SAID MEADE STREET, A DISTANCE OF 103.3 FEET TO THE NORTHEASTERLY RIGHT -OF -WAY LINE OF VACATED MERRY AVENUE; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE OF VACATED MERRY AVENUE RIGHT -OF -WAY, A DISTANCE OF 814 FEET (ASSUMED) TO THE NORTHWEST CORNER OF WASHINGTON STREET AND OLIVE STREET; THENCE SOUTHEASTERLY, A DISTANCE OF 58 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 1 14 IN OAK GROVE 151 ADDITION AS RECORDED IN PLAT BOOK 7, PAGE 4 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, ALONG THE NORTH RIGHT -OF -WAY LINE OF WASHINGTON STREET, A DISTANCE OF 313.9 FEET TO THE SOUTHWEST CORNER OF LOT 88 IN ARNOLD'S 2ND ADDITION AS RECORDED IN PLAT BOOK 6, PAGE 63 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST PARALLEL TO SAID NORTH LINE OF SAID NORTHEAST QUARTER ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 297 FEET TO THE SOUTHWEST CORNER OF LOT 53 IN SAID OAK GROVE 1sT ADDITION; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 568.30 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN COLLEGE GROVE AS RECORDED IN PLAT BOOK 2, PAGE 11 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT -OF -WAY LINE AND THE NORTH RIGHT -OF -WAY DINE OF LISTON STREET, A DISTANCE OF 1151.85 FEET {ASSUMED) TO A POINT ON THE SOUTH LINE OF LOT 39, BEING 66 FEET NORTH OF A PROJECTED WEST LINE OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED AS RECORDED UNDER INSTRUMENT NUMBER 9544366 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH ALONG SAID PROJECTED WEST LINE, A DISTANCE OF 66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHEASTERLY AND NORTH RIGHT-OF -WAY LINE OF WASHINGTON STREET TO THE SOUTHWEST CORNER OF LOT 4 IN THE PLAT OF ALFRED BROTHER'S LAND (UNRECORDED) AS DESCRIBED IN PARCEL III IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER,' THENCE EASTERLY ALONG THE NORTH LINE OF WASHINGTON STREET AND THE SOUTH LINE OF SAID PARCEL III AND PARCEL it IN SAID INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 200 FEET TO THE EAST LINE. OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 147 FEET TO THE PROJECTED NORTH-SOUTH CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, LYING BETWEEN LOTS 4 AND 5 IN HARLIN'S SUBDIVISION OF BANK OUTLOT 82 AS RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 ALONG SAID PROJECTED NORTH -SOUTH CENTERLINE, A DISTANCE OF 197,5 FEET TO A POINT LYING 7 FEET WEST OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EAST PARALLEL WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 7 FEET TO SAID SOUTHWEST CORNER OF SAID LOT 4, THENCE SOUTH PARALLEL WITH SAID EAST LINE, A DISTANCE OF 262 FEET TO THE SOUTHWEST CORNER OF LOT 15 IS SAID HARLIN'S SUBDIVISION OF BANK OUTLOT 82; THENCE EAST PARALLEL WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 115 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 66 FEET ALONG THE EAST LINE OF PARCEL II DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9208193 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO (2) COURSES ALONG AN EAST AND NORTH LINE OF SAID PARCEL 11: (1) EAST PARALLEL WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID WASHINGTON STREET ALONG THE SOUTH RIGHT -OF -WAY LINE OF .JEFFERSON BOULEVARD, A DISTANCE OF 14.5 FEET; (2) THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 212 FEET; THENCE EAST ALONG THE SOUTH LINE OF A 14 FOOT ALLEY, NORTH SOUTH BY MEASURE, PARALLEL WITH SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 152 FEET TO THE NORTHEAST CORNER OF LOT 29 IN KIRBY'S SUBDIVISION OF PART OF BANK OUTLOT 83; THENCE SOUTH PARALLEL WITH THE EAST LINE SAID NORTHEAST QUARTER, A DISTANCE OF 484 FEET (ASSUMED) TO THE NORTHEAST RIGHT -OF -WAY LINE OF THE PENN CENTRAL. RAILROAD; THENCE SOUTHEASTERLY ALONG THE NORTHEAST RIGHT -OF -WAY LINE OF PENN CENTRAL RAILROAD (FORMERLY THE LAKE SHORE & MICHIGAN SOUTHERN RAILROAD AND THE NEW YORK CENTRAL RAILROAD COMPANY), ALSO BEING ALONG THE SOUTHWEST BOUNDARY OF SAID KIRBY'S SUBDIVISION OF PART OF BANK OUTLOT 83, KNOBLOCK SUBDIVISION OF PART OF BANK OUTLOT 84 AS RECORDED IN PLAT BOOK 2, PAGE 63, COMMISSIONER'S SUBDIVISION OF PART OF BANK OUTLOT 85 AND 86 AS RECORDED IN PLAT BOOK 3, PAGE 40, ALL RECORDED IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1005 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF PARCEL II AS DESCRIBED IN A CORPORATE WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0507883; THENCE SOUTHEASTERLY ALONG SAID NORTHEAST RIGHT -OF -WAY LINE OF SAID RAILROAD AND THE SOUTHWEST LINE OF SAID PARCEL 11 AND III AS DESCRIBED IN SAID INSTRUMENT NUMBER 0507883, A DISTANCE OF 327.95 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL. Ili, SAID CORNER BEING ON THE WEST RIGHT -OF -WAY LINE OF ARNOLD STREET INTERSECTING THE NORTHERLY RIGHT -OF- WAY OF CONRAIL RAILWAY (FORMERLY PENN CENTRAL RAILROAD) SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT I IN THE UNRECORDED PLAT OF "GUILDFOYLE`S ADDITION "; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT -OF WAY LINE TO THE INTERSECTION OF SAID NORTH RIGHT-OF- WAY, EXTENDED EAST, WITH THE CENTERLINE OF MICHIGAN STREET (99 FEET WIDE); THENCE SOUTH ALONG SAID CENTERLINE OF MICHIGAN STREET TO THE INTERSECTION OF SAID CENTERLINE WITH THE SOUTH LINE OF SAMPLE STREET EXTENDED EAST; THENCE EAST AND NORTHEASTERLY ALONG THE SOUTH AND SOUTHERLY RIGHT ®OF -WAY LINE OF SAMPLE STREET (OLD EDDY STREET) TO A POINT ON THE SOUTHERLY SHORE LINE OF THE ST. JOSEPH RIVER, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF A PARCEL OF LAND WITH TAX KEY ID # 18 -7017- 0719 AS SHOWN ON AUDITOR'S RECORDS OF SAID COUNTY DATED MARCH 19,1993; THENCE. SOUTHEASTERLY ALONG SAID SNORE LINE TO A POINT ON THE EAST RIGHT -OF -WAY LINE MIAMI STREET, EXTENDED NORTH; THENCE. SOUTH ALONG SAID MIAMI STREEI RIGHT -OF -WAY LINE TO A POINT ON THE NORTH LINE OF LOT 35, EXTENDED EAST, IN THE PLAT OF "WENGER & KRIEG- BAUM'S 2N0 ADDITION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH LINE OF LOT 35 TO THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH ALONG THE EAST LINE OF A PUBLIC ALLEY (14 FEET WIDE) EXTENDED SOUTH TO THE NORTHWEST CORNER OF LOT 57 IN "OAK PARK 2ND ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY, POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF DUBAIL. AVENUE; THENCE WEST ALONG SAID RIGHT -OF -WAY LINE TO THE NORTHWEST CORNER OF LOT 70 IN SAID "OAK PARK 2N1) ADDITION ", POINT ALSO BEING THE EAST RIGHT -OF -WAY LINE OF DALE AVENUE (50 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY LINE TO THE CENTERLINE OF VACATED DAYTON STREET (60 FEET WIDE),' THENCE EAST ALONG SAID CENTERLINE, A DISTANCE OF 28 FEET TO THE EAST LINE OF A PUBLIC ALLEY (14 FEET WIDE) EXTENDED NORTH, THENCE SOUTH ALONG SAID EAST LINE OF PUBLIC ALLEY TO THE NORTH LINE OF MILTON STREET, ALSO BEING THE SOUTHWEST CORNER OF LOT 44 IN THE "SOUTHEAST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG SAID NORTH LINE OF MILTON STREET TO A POINT OF INTERSECTION OF THE WEST LINES OF LOTS 45,46,93 AND 94 OF SAID "SOUTHEAST ADDITION" EXTENDED NORTH; THENCE SOUTH ALONG SAID WEST LINES, CROSSING MILTON, TO THE NORTH LINE OF CALVERT STREET (60 FEET WIDE), ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 94; THENCE WEST ALONG SAID NORTH LINE OF CALVERT STREET TO A POINT ON THE EAST LINE OF A PUBLIC ALLEY (14 FEET WIDE) EXTENDED NORTH FROM THE WEST LINES OF LOTS 95,96,97,143,149 AND 150 IN SAID "SOUTHEAST ADDITION ", CROSSING BOWMAN STREET, AND CONTINUING SOUTH ALONG THE EAST LINE OF SAID ALLEY, ALSO BEING THE WEST LINE OF LOTS 282,233,AND 234 IN THE "SOUTHEAST 3,'ZD ADDITION" AS RECORDED {N THE RECORDS OF SAID COUNTY, CROSSING AN ALLEY, AND CONTINUING SOUTH ALONG SAID EAST LINE OF PUBLIC ALLEY, ALSO BEING ALONG THE WEST UNE OF LOTS 1,2 AND 3 IN "OAK PARK 41H ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY AND CONTINUING SOUTH CROSSING DONALD STREET (60 FEET WIDE), TO THE NORTHWEST CORNER OF LOT 4 IN SAID "OAK PARK 4M ADDITION ", ALSO BEING THE SOUTH RIGHT -OF -WAY LINE OF SAID DONALD STREET; THENCE WEST ALONG SAID SOUTH LINE OF DONALD STREET TO THE NORTHWEST CORNER OF LOT 103 IN SAID "OAK PARK 4TH ADDITION" TO THE SOUTHWEST CORNER OF SAID LOT 103; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 103 EXTENDED EAST TO THE SOUTHWEST CORNER OF LOT 6 IN SAID "OAK PARK 41H ADDITION "; THENCE SOUTH, CROSSING A PUBLIC ALLEY (14 FEET WIDE), COINCIDING WITH THE WEST LINES OF LOTS 4 THROUGH 9, CROSSING FOX STREET (60 FEET WIDE), AND CONTINUING SOUTH COINCIDING WITH THE WEST LINES OF LOT 10 THROUGH 15 IN SAID "OAK PARK 4rH ADDITION ", AND CROSSING EWING AVE (80 FEET WIDE), TO THE SOUTH RIGHT -OF -WAY LINE OF SAID EWING AVENUE TO THE NORTHWEST CORNER OF LOT i IN THE RECORDED PLAT OF "WEIDLER`S FIRST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE SOUTH RIGHT -OF -WAY LINE OF SAID EWING AVENUE TO A POINT OF INTERSECTION WffH THE WEST RIGHT -OF -WAY LINE, EXTENDED SOUTH, OF WILLIAM STREET (60 FEET WIDE); THENCE NORTH ALONG THE WEST RIGHT -OF -WAY UNE OF SAID WILLIAM STREET TO THE NORTHEAST CORNER OF LOT 254 IN `°SHIVELY`S. ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING A PONT ON THE SOUTH RIGHT -OF -WAY LINE OF DONALD STREET (50 FEET WIDE); THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF DONALD STREET TO THE NORTHEAST CORNER OF LOT 45 IN SAID "SHIVELY'S ADDITION ", THENCE NORTH ALONG THE WEST RIGHT -OF -WAY LINE OF KENDALL. STREET (50 FEET WIDE) TO THE NORTHEAST CORNER OF LOT 53 IN SAID "SHIVELY'S ADDITION" AND THE SOUTH RIGHT--OF-WAY LINE SHERRILL STREET; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF SHERRILL STREET, CROSSING CHAPIN STREET (50 FEET WIDE), TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF SAID CHAPIN STREET; THENCE NORTH ALONG SAID WEST RIGHT-01`--WAY LINE TO THE NORTHEAST CORNER OF LOT 89 IN "CITY VIEW PLACE" PLAT AS RECORDED IN THE RECORDS OF SAID COUNTY, ALSO BEING A POINT ON THE SOUTH LINE OF A PUBLIC ALLEY (12 FEET WIDE); THENCE WEST ALONG THE SOUTH LINE OF SAID PUBLIC ALLEY, CROSSING KEMBLE STREET (60 FEET WIDE), TO A PONT ON THE WEST RIGHT -OF -WAY LINE OF SAID KEMBLE STREET; THENCE NORTH ALONG SAID WEST RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BRUCE STREET (60 FEET WIDE); THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF BRUCE STREET TO THE EAST RIGHT -OF- WAY LINE OF WEBSTER STREET; THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY LINE TO THE SOUTH RIGHT -OF -WAY LINE OF CALVERT STREET (60 FEET WIDE) EXTENDED EAST; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE TO THE NORTHWEST CORNER OF LOT 66 IN "PRAIRIE AVENUE LAND CO'S 1ST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING A POINT ON THE EAST RIGHT -OF -WAY LINE OF A PUBLIC ALLEY (14 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY LINE OF PUBLIC ALLEY CROSSING, DONALD STREET (50 FEET WIDE), TO THE NORTHWEST CORNER OF LOT 52 IN SAID "PRAIRIE AVENUE LAND CO "S 1S'� ADDITION; THENCE WEST ALONG THE SOUTH RIGHT -OF- WAY LINE OF SAID DONALD STREET TO THE EAST RIGHT -OF -WAY LINE OF MORRIS STREET (50 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT -OF -WAY LINE" OF MORRIS STREET, CROSSING EWING AVENUE, TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF SAID EWING AVENUE; THENCE WEST ALONG SAID SOUTH RIGHT -OF- WAY LINE OF EWING AVENUE TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF PRAIRIE AVENUE (SR # 23), THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF PRAIRIE AVENUE TO ITS' INTERSECTION WITH THE EAST LINE OF LOCUST ROAD; THENCE NORTH CROSSING SAID PRAIRIE AVENUE TO THE NORTH RIGHT -OF -WAY LINE OF SAID PRAIRIE AVENUE ALSO BEING A POINT ON THE EAST RIGHT -OF -WAY LINE OF OLIVE STREET; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF PRAIRIE AVENUE (SR 23) TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 22, THENCE NORTH ALONG SAID EAST LINE TO A POINT 200 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 22; THENCE WEST PARALLEL WITH, AND 200 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 22, AND THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 21, TO A POINT 200 FEET WEST AND 200 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 200 FEET TO THE NORTH LINE COMMON TO SECTIONS 16 AND 21; THENCE WEST ALONG SAID COMMON SECTION LINE TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 21, WHICH CORNER BEING COMMON WITH THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE OF SECTION 16 TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16 TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE WEST ALONG THE EAST -WEST QUARTER LINE OF SAID SECTION 16 TO THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTHWEST CORNER OF "BELLEVILLE GARDENS 2ND UNIT", AS RECORDED IN TIME RECORDS OF SAID COUNTY; THENCE EAST, ALONG THE SOUTH LINE OF "BELLEVILLE GARDENS 2ND UNIT ", TO THE SOUTHEAST CORNER OF SAID "BELLEVILLE GARDENS 2ND UNIT "; THENCE SOUTH 30 FEET, MORE OR LESS; THENCE EAST ALONG THE NORTH LINE OF A PARCEL OF LAND (GRAND TRUNK WESTERN RAILROAD CN BUSINESS DEVELOPMENT AND REAL ESTATE PARCEL) IDENTIFIED AS TAX KEY ID # 018--8112-4216, DATED 1995, IN THE AUDITOR'S OFFICE OF SAID COUNTY, TO THE EAST LINE OF SHERIDAN AVENUE; THENCE SOUTH 100 FEET, MORE OR LESS, ALONG THE EAST LINE OF SAID SHERIDAN AVENUE EXTENDED SOUTH; THENCE EAST ON A LINE WHICH IS PARALLEL TO AND 300 FEET, MORE OR LESS, SOUTH OF THE EAST - WEST, NORTH RIGHT -OF -WAY LINE OF MEADOW LANE, EXTENDED EAST, TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY RIGHT -OF -WAY LINE OF THE NEW JERSEY, INDIANA AND ILLINOIS RAILROAD; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF SAMPLE STREET; THENCE EAST ALONG SAID NORTH RIGHT -OF -WAY LINE OF SAMPLE STREET TO THE SOUTHEAST CORNER OF LOT 48 IN THE PLAT OF "ARNOLD AND WEBSTER'S SUBDIVISION OF BANK OUTL.OT # 103" AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING THE WEST RIGHT -OF- WAY LINE ARNOLD STREET; THENCE NORTH ALONG SAID WEST RIGHT -OF -WAY LINE OF ARNOLD STREET TO THE SOUTHWEST RIGHT -OF -WAY LINE OF THE CONRAIL RAILROAD (FORMERLY PENN CENTRAL RAILROAD); THENCE NORTHWESTERLY ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE OF SAID RAILROAD AND THE NORTHWEST BOUNDARY OF KLINGEL & MAYR'S SUBDIVISION AS RECORDED IN PLAT BOOK 4, RAGE 12 THE OFF[CE OF SAID RECORDER, A DISTANCE OF 1670 FEET (ASSUMED) TO A PROJECTED WEST LINE OF LOT 25 IN SAID KLINGEL & MAYR`S SUBDIVISION AND THE EAST RIGHT -OF -WAY LINE OF SCHOLUM STREET; THENCE SOUTH PARALLEL WITH WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 11 AND ALONG SAID EAST RIGHT -OF -WAY LINE OF SCHOLUM STREET, A DISTANCE OF 270 FEET (ASSUMED) TO THE NORTH RIGHT -OF -WAY LINE OF WESTERN AVENUE; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 130 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 1 IN GOODWILL COMMUNiTYWiDE MINOR SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 9715906 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WEST ALONG SAID NORTH RIGHT --OF -WAY LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, ALSO BEING ALONG THE SOUTH BOUNDARY OF SAID GOODWILL COMMUNITYWIDE MINOR SUBDIVISION, GOODWILL INDUSTRIES MINOR SUBDIVISION RECORDED UNDER INSTRUMENT NUMBER 9528065, J. HAMMES MINOR SUBDIVISION FIRST REPLAT AS RECORDED UNDER INSTRUMENT NUMBER 99621 16, AND J. HAMMES MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9618392, ALL RECORDED iN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1755.00 FEET TO THE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0369815 !N THE OFFICE OF SAID RECORDER; THENCE WEST ALONG SAID NORTH RIGHT -OF -WAY LINE AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 857.66 FEET TO THE SOUTHWEST CORNER OF A PARCEL AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 7927776 IN THE OFFICE OF SAID RECORDER`` SAID CORNER ALSO BEING THE NORTHEAST CORNER OF OLIVE STREET AND WESTERN AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE OF WESTERN AVENUE, A DISTANCE OF 67 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0545201 IN THE OFFICE OF SAID RECORDER; THENCE WEST ALONG SAID NORTH RIGHT -OF -WAY LINE OF WESTERN AVENUE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 490.6 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL AND EAST LINE OF 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, WITHIN THE SUMMIT PLACE 3RD ADDITION AS RECORDED IN PLAT" BOOK 8, PAGE 162 -163 IN THE OFFICE OF SAID RECORDER; THENCE NORTH ALONG THE EAST LINE OF SAID ALLEY PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 179$.34 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9920117 IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING ON THE SOUTHWEST RIGHT -OF -WAY LINE OF SAID PENN CENTRAL RAILROAD, THENCE NORTHWESTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 350 FEET (ASSUMED) TO A PROJECTED NORTH LINE FROM THE SOUTHWEST CORNER OF LOT 695 IN SAID SUMMIT PLACE 3RD ADDITION BEING PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG SAID PROJECTED NORTH LINE, A DISTANCE OF 70 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 686 IN SUMMIT PLACE 3R° ADDITION AS RECORDED IN PLAT BOOK 8, PAGES 162 -163 IN THE OFFICE OF SAID RECORDER, THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 60 FEET TO THE SOUTH RIGHT -OF -WAY LINE: OF COLFAX AVENUE AND THE NORTHEAST CORNER OF LOT 694 IN SAID SUMMIT PLACE 3RD ADDITTION; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE AND THE SOUTH RIGHT -OF -WAY LINE OF LINDEN AVENUE, A DISTANCE OF 544.9 FEET TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER OF SAID SECTION 10, ALSO BEING THE NORTHEAST CORNER OF A PARCEL AS DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0031212 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF LINDEN AVENUE, A DISTANCE OF 366.71 TO THE NORTHWEST CORNER SAID PARCEL; THENCE SOUTH, 20 FEET TO THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DEED RECORD BOOK 589, PAGE 70 IN THE OFFICE OF SAID RECORDER; THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN DEED RECORD BOOK 589, PAGE 71 IN THE OFFICE OF SAID RECORDER•, THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE OF LINDEN AVENUE TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE OF LINDEN AVENUE TO THE NORTHEAST CORNER OF LOT Q BLOCK 1081 IN THE REPLAT OF LASALLE PARK 2ND PLAT AS RECORDED IN PLAT BOOK 17, PAGE L -1; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 ALONG THE SAID SOUTH RIGHT -OF -WAY LINE OF LINDEN ROAD, A DISTANCE OF 1 125 FEET TO THE NORTHWEST CORNER OF LOT E BLOCK 1021 IN SAID REPLAT OF LASALLE PARK 214E' PLAT; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 339 FEET 70 THE WEST LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, BEING 7 FEET WEST OF THE NORTHWEST CORNER OF LOT 1001 IN LASALLE PARK 2ND ADDITION RECORDED IN PLAT BOOK 8, PAGE 30 -31 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 1097 FEET TO THE CENTERLINE OF GLADSTONE AVENUE BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT 185 IN GARDEN VILLAGE 157 UNIT RECORDED IN PLAT BOOK 17, PAGE G -4, IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 225 FEET (ASSUMED) TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER, ALSO BEING ALONG THE NORTH LINE OF LOT 370 IN GARDEN VILLAGE 3RD UNIT AS RECORDED IN PLAT BOOK 17, PAGE G -1 IN THE OFFICE OF SAID RECORDER; THENCE NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 70 FEET TO THE SOUTHEAST CORNER OF LOT 60 IN GRANDVIEW ADDITION AS RECORDED IN PLAT BOOK 9, PAGE 98 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1315.25 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 210 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 32 IN SAID GRANDVIEW ADDITION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 1070 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 40 FEET TO A POINT BEING 30 FEET WEST OF THE SOUTHWEST CORNER OF LOT 42 IN WEST HAVEN ADDITION AS RECORDED IN PLAT BOOK 18, PAGE W -1 IN THE OFFICE OF SAID RECORDER; THENCE EAST ALONG THE NORTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 660.7 FE-ET TO THE SOUTHWEST CORNER OF LOT 98 IN BRENTWOOD ESTATES 1sT ADDITION SECTION B AS RECORDED IN PLAT BOOK 19, SECTION B -5 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT -OF- WAY LINE, A DISTANCE OF 260 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN BRENTWOOD ESTATES 1ST ADDITION SECTION A AS RECORDED IN PLAT BOOK 19, PAGE B -7 IN THE OFFICE OF SAID RECORDER,' THENCE CONTINUING EAST ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 366.12 FEET TO THE SOUTHEAST CORNER OF LOT 5 IN SAID BRENTWOOD ESTATES 1sT ADDITION SECTION A`, THENCE NORTHEASTERLY, A DISTANCE OF 74 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 39 IN BRENTWOOD ESTATES 1ST ADDITION SECTION A; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL, A DISTANCE OF 142.41 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN SAID BRENTWOOD ESTATES 1ST ADDITION SECTION B; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 832.93 FEET TO THE SOUTHEAST CORNER OF LOT 72 IN SAID BRENTWOOD ESTATES 1ST ADDITION SECTION B; THENCE SOUTH 00 DEGREES 1 1 MINUTES 44 SECONDS WEST ALONG A WEST LINE OF A PARCEL DESCRIBED IN A CORPORATE WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 8014012 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 21.68 FEET (ASSUMED) TO SAID NORTH RIGHT -OF -WAY LINE OF ARDMORE TRAIL; THENCE NORTH 66 DEGREES 33 MINUTES 51 SECONDS EAST ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 835,40 FEET, THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 26 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 1 IN ALWARD'S ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 73 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 509.02 FEET TO THE CENTERLINE OF A 14 FOOT WIDE ALLEY, EAST !NEST BY MEASURE, BEING 8 FEET (ASSUMED) FROM THE SOUTHEAST CORNER OF LOT 51 IN SAID ALWARD'S ADDITION, AS MEASURED PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL, THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 8 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 46 IN VOGVS 1sT ADDITION AS RECORDED IN PLAT BOOK 10, PAGE 95 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 507.21 FEET TO THE SOUTHEAST CORNER OF REMAINING PORTION OF LOT 10 IN SAID VOGT'S IST ADDITION; THENCE NORTH ALONG THE WEST RIGHT -OF -WAY LINE OF NANCY STREET (CURRENTLY NAMED BENDIX DRIVE) PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 433.7 FEET TO THE NORTHEAST CORNER OF REMAINING PORTION OF LOT 1 IN SAID VOGT'S 1Sr ADDITION; THENCE NORTHERLY TO THE NORTH RIGHT - OF -WAY LINE OF LINCOLN WAY WEST AND THE WEST RIGHT -OF -WAY LINE OF BENDIX DRIVE, ALSO BEING THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN TRUSTEE'S DEED RECORDED UNDER INSTRUMENT NUMBER 9903236 IN THE OFFICE OF SAID RECORDER, A DISTANCE. OF 107 FEET (ASSUMED); THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT -OF-WAY LINE OF LINCOLNWAY WEST TO THE EAST RIGHT -OF -WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ACROSS BUTTERNUT ROAD ON A LINE PARALLEL WITH AND 140 FEET NORTHERLY OF THE SURVEY LINE S- USR20 -M (REFERENCED TO PLANS FOR U.S. 31 BYPASS) TO THE WEST RIGHT- OF-WAY LINE OF BUTTERNUT ROAD; THENCE NORTHWESTERLY ALONG THE NORTHEAST LIMITED ACCESS RIGHT -OF -WAY LINE OF USR 20 TO A POINT 150 FEET TO THE RIGHT OF STATION 65 +00, LINE S- USR20 -M, THENCE SOUTHWESTERLY A DISTANCE OF 300 FEET ALONG A LINE MEASURED AT RIGHT ANGLES TO SAID LINE S -USR 20 -M TO A POINT 150 FEET TO THE LEFT OF STATION 65 +00 ON LINE S- USR20 -M, THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE LIMITED ACCESS RIGHT -OF -WAY LINE OF THE SOUTHEAST RAMP OF THE U.S. 31 BYPASS TO A POINT BEING 170 FEET TO THE RIGHT OF STATION 35 +00 ON LINE M AT THE CENTERLINE OF THE U.S. 31 BYPASS; THENCE WESTERLY A DISTANCE OF 320 FEET TO A POINT 150 FEET TO THE LEFT OF STATION 35 +00 ON SAID LINE M; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE LIMITED ACCESS RIGHT -OF -WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS TO A POINT AT STATION 34 +00 LINE S- USR20 -M IN THE LIMITED ACCESS RIGHT -OF -WAY LINE OF THE SOUTHWEST RAMP OF SAID U.S. 31 BYPASS, WHICH POINT IS 1301 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID LINE S- USR20 -M; THENCE NORTHEASTERLY A DISTANCE OF 250 FEET MEASURED AT RIGHT ANGLES TO SAID LINE S- USR20 -M TO A POINT AT STATION 34 +00 ON LINE S- USR20 -M, AND BEING 120 FEET MEASURED AT RIGHT ANGLES, NORTHEASTERLY FROM SAID LINE; THENCE EASTERLY AND NORTHERLY ALONG THE LIMITED ACCESS RIGHT -OF --WAY LINE OF SAID NORTHWEST RAMP OF THE U.S. 31 BYPASS TO A POINT, 79.36 FEET SOUTH OF THE NORTH 114 POST OF SAID SECTION 31; THENCE NORTH ALONG THE NORTH -SOUTH QUARTER LINE OF SAID SECTION 31, 79.36 FEET TO THE NORTH 1/4 POST OF SAID SECTION 31; THENCE NORTH ALONG THE NORTH - SOUTH QUARTER LINE. OF SECTION 30 TO THE NORTH 1/4 CORNER OF SECTION 30; THENCE NORTH ALONG THE NORTH -SOUTH QUARTER LINE OF SAID SECTION 30 TO THE NORTHEAST CORNER OF LOT 1 IN MILLER -OWENS MINOR SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH UNE OF SAID SUBDIVISION, A DISTANCE OF 660 FEET; THENCE NORTH PARALLEL WITH THE CITY OF SOUTH BEND CORPORATION LIMITS, TO THE SOUTH LINE OF OLD CLEVELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT- OF-WAY LINE TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 30, ALSO BEING THE APPROXlt�/iATE CENTERLINE OF OLIVE ROAD; THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHWEST QUARTER, A DISTANCE OF 445.1 FEET; THENCE WEST 165 FEET; THENCE NORTH 445.1 FEET PARALLEL WITH SAID EAST LINE TO THE SOUTH LINE OF SAID OLD CLEVELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE TO THE WEST LINE OF SAID SECTION 30; THENCE NORTH ALONG THE WEST LINES OF SECTIONS 30 AND 19 TO A POINT ON THE WEST LINE OF LOT 1 IN THE PLAT OF GIBBS' OLIVE ROAD MINOR SUBDIVISION AS THE SAME IS RECORDED AS INSTRUMENT NUMBER 0028450 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, SAID POINT BEING 114.58 FEET SOUTH 00 DEGREES 1 1 MINUTES 35 SECONDS WEST (REC. SOUTH 00 DEGREES 1 1 MINUTES 18 SECONDS WEST) FROM THE NORTHWEST CORNER OF SAO LOT 1; THENCE NORTH 89 DEGREES 19 MINUTES 02 SECONDS WEST, 2674.83 FEET, MORE OR LESS, TO THE NORTH -SOUTH CENTERLINE OF SAID SECTION 24; THENCE NORTH 00 DEGREES 08 MINUTES 51 SECONDS EAST, ALONG SAID NORTH -SOUTH CENTERLINE, A DISTANCE OF 1603.00 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT - OF -WAY LINE OF THE INDIANA EAST -WEST TOLL ROAD; THENCE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY RIGHT -OF- WAY LINE, A DISTANCE OF 3795.28 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT -OF -WAY LINE WITH THE EAST RIGHT -OF- WAY LINE OF OLIVE ROAD; THENCE NORTH ALONG THE EAST RIGHT -OF -WAY LINE OF OLIVE ROAD AND THE EAST RIGHT-OF-WAY LINE OLIVE ROAD EXTENDED TO ITS INTERSECTION WITH THE NORTHERLY RIGHT -OF -WAY LINE OF BRICK ROAD; THENCE EAST AND EASTERLY ALONG SAID NORTHERLY RIGHT -OF -WAY LINE TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT # 8600255 IN THE RECORDS OF SAID COUNTY, THENCE NORTH 97.06 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH 85 DEGREES 31 MINUTES 45 SECONDS EAST, A DISTANCE OF 12.96 FEET TO THE SOUTHWEST CORNER OF THE TERMINUS OF LAKE BLACKTHORN DRIVE AS RECORDED UNDER INSTRUMENT #0323151 iN THE RECORDS OF SAID COUNTY; THENCE THE NEXT 19 COURSES ALONG THE RESPECTIVE BOUNDARY LINES OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE, AS RECORDED UNDER SAID INSTRUMENT # 0323151: (1) NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; (2) NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; (3) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; (4) NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; (5) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET,' (6) SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; (7) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; (8) NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST, A DISTANCE OF 2.00 FEET; (9) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; (10) SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 2.00 FEET; (11) NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPLAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE RECORDS OF SAID COUNTY; (12) ALONG THE SOUTH LINE OF SAID LOT "A" NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; (13) ALONG THE EAST LINE OF SAID LOT "A„ NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.58 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD (40 FEET WIDE PRIOR TO SAID PLAT), CONCAVE TO THE NORTH, LAVING A RADIUS OF 335 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112038 FEET BEARING NORTH 67 DEGREES 34 MINUTES 33 SECONDS EAST: (14) EAST ALONG SAID CENTERLINE OF CURVE, A DISTANCE OF 112,92 FEET; (15) SOUTH 0 DEGREES 1 1 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE RECORDS OF SAID COUNTY AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE RECORDS OF SAID COUNTY; (16) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST ALONG THE BOUNDARY OF SAID LAND, A DISTANCE OF 66.96 FEET; (17) NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID LAND, A DISTANCE OF 556.25 FEET; (18) NORTH 0 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 80 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 18; (11 9) NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 729.56 FEET TO THE WESTERLY RIGHT OF WAY OF THE U.S. 31 BYPASS ( ALSO KNOWN AS ST. JOSEPH VALLEY PARKWAY) SAID POINT ALSO BEING SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF OF SECTION 18; THENCE THE NEXT TWO (2) COURSES ALONG THE WESTERLY LIMITED ACCESS RIGHT -OF -WAY OF THE ST. JOSEPH VALLEY PARKWAY AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY ESTATES, SECTION FIVE, AS RECORDED UNDER INSTRUMENT NUMBER 8020539 IN THE OFFICE OF RECORDER OF ST, JOSEPH COUNTY, INDIANA: (1) NORTH 24 DEGREES 26 MINUTES 22 SECONDS EAST, A DISTANCE OF 28.99 FEET, (2) NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST, A DISTANCE OF 707.18 FEET TO A POINT ON THE EAST LINE OF LOT 43 IN SAID ROLLING OAKS COUNTRY ESTATES, SECTION FIVE AND PROJECTED EAST LINE OF ROLLING OAKS COUNTRY ESTATE MINOR AS RECORDED UNDER INSTRUMENT NUMBER 9505754 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 00 DEGREES 08 MINUTES 51 SECONDS WEST ALONG THE EAST BOUNDARIES OF SAID ROLLING OAKS COUNTRY ESTATES SUBDIVISIONS, A DISTANCE OF 636012 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 09 SECONDS WEST ALONG THE NORTH LINE OF SAID ROLLING OAKS COUNTRY ESTATES MINOR AND ROLLING OAKS COUNTRY ESTATES, SECTION THREE, AS RECORDED IN PLAT BOOK 23, PAGE R -5 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 883.66 FEET TO THE EAST LINE OF KERTES` MINOR SUBDIVISION AS RECORDED IN PLAT BOOK NUMBER 23, PAGE K -4 IN THE OFFICE OF SAID RECORDER, THENCE NORTH 01 DEGREE 38 MINUTES 02 SECONDS EAST ALONG THE EAST LINE OF SAID KERTES' MINOR SUBDIVISION AND A TRACT OF LAND CONVEYED IN DEED RECORD BOOK 637, PAGE 434 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1309.78 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE THE NEXT SIX (6) COURSES ALONG SAID SOUTH RIGHT -OF -WAY LINE: (1) NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG SAID SOUTH RIGHT -OF -WAY LINE, A DISTANCE OF 361.11 FEET TO THE EAST LINE OF ORANGE ROAD AS DESCRIBED IN A WARRANTY DEED AS RECORDED UNDER INSTRUMENT NUMBER 0421988 IN THE OFFICE OF RECORDER, (2) SOUTH 05 DEGREES 30 MINUTES 16 SECONDS WEST ALONG SAID EAST RIGHT -OF -TAY LINE, A DISTANCE OF 20.09 FEET, (3) NORTH 89 DEGREES 52 MINUTES 58 SECONDS WEST ALONG THE SOUTH RIGHT -OF -WAY LINE AS PLATTED IN KERTES` MINOR SUBDIVISION, SECTION B, AS RECORDED IN PLAT BOOK K, PAGE 28 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 113.56 FEET, (4) NORTH 89 DEGREES 40 MINUTES 29 SECONDS WEST ALONG KERTES' MINOR SUBDIVISION PLATTED RIGHT -OF -WAY LINE, A DISTANCE OF 78043 FEET TO THE WEST LINE OF SAID KERTES' MINOR SUBDIVISION, SECTION B, (5) NORTH 00 DEGREES 47 MINUTES 43 SECONDS EAST ALONG THE WEST LINE OF SAID KERTES' MINOR SUBDIVISION, SECTION B, A DISTANCE OF 20.00 FEET, (6) NORTH 89 DEGREES 40 MINUTES 29 SECONDS WEST, A DISTANCE OF 1185.25 FEET TO THE EXTENDED EAST LINE OF PORTAGE PRAIRIE CEMETERY AS DESCRIBED IN PLAT BOOK 4, PAGE 5 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 00 DEGREES 27 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF SAID CEMETERY, A DISTANCE 218.00 FEET TO THE SOUTH LINE OF AN EXCEPTION PARCEL DESCRIBED IN DEED RECORD Z, PAGE 206 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT FOUR (4) COURSES ALONG THE BOUNDARY OF SAID EXCEPTION- (1 ) SOUTH 89 DEGREES 40 MINUTES 29 SECONDS EAST, A DISTANCE OF 183.50 FEET, (2) NORTH 00 DEGREES 27 MINUTES 35 SECONDS EAST A DISTANCE OF 214.50 FEET, (3) NORTH 89 DEGREES 40 MINUTES 29 SECONDS WEST, A DISTANCE OF 264.00 FEET TO A POINT ONE ROD EAST OF THE WEST LINE OF THE EAST HALF OF SAID FRACTIONAL SECTION 7, (4) NORTH 00 DEGREES 27 MINUTES 35 SECONDS EAST PARALLEL WITH SAID WEST LINE, A DISTANCE OF 775.54 FEET, THENCE SOUTH 89 DEGREES 48 MINUTES 43 SECONDS EAST, A DISTANCE OF 3657.70 TO THE SAID WESTERLY LIMITED ACCESS RIGHT-OF- WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY, THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY LIMITED ACCESS RIGHT -OF- WAY LINE, A DISTANCE OF 1996.76 FEET TO THE NORTH LINE OF THE WEST HALF OF FRACTIONAL SECTION 8 AND THE MONUMENTED INDIANA STATE LINE; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 2300.11 FEET TO THE NORTH QUARTER CORNER OF SAID FRACTIONAL SECTION 8; THENCE NORTH 89 DEGREES 29 MINUTES 13 SECONDS EAST ALONG THE NORTH LINE OF THE EAST HALF OF FRACTIONAL SECTION 8, A DISTANCE OF 120.33 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 21.63 FEET TO THE NORTH LINE OF BORDERLINE SUBDIVISION MINOR PLAT AS RECORDED IN PLAT BOOK 26, PAGE B IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT THREE (3) COURSES ALONG THE PLATTED RIGHT -OF - WAY OF MAYFLOWER ROAD AS RECORDED WITHIN SAID BORDERLINE SUBDIVISION AND ARBOR POINTE, SECTION 6, AS RECORDED UNDER INSTRUMENT NUMBER 9635583 IN THE OFFICE OF SAID RECORDER: (1 ) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 114.00 FEET, A CENTRAL ANGLE OF 52 DEGREES 06 MINUTES 15 SECONDS, AND A CHORD OF 100.13 FEET BEARING SOUTH 25 DEGREES 46 MINUTES 20 SECONDS WEST, (2) SOUTHWESTERLY ALONG SAID RIGHT -OF -WAY CURVE, A DISTANCE OF 103.67 FEET, (3) SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE, SECTION SIX; THENCE SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST, A DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 980.41 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT ONE IN LICHTENBARGER MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 8731222 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 158.97 FEET TO THE NORTH LINE OF CHEROKEE GARDENS SUBDIVISION EXTENDED AND THE NORTH LINE OF WAGNER'S REPLAT EXTENDED AS RECORDED IN PLAT BOOK C, PAGE 2 AND PLAT BOOK 24, PAGE W, RESPECTIVELY, IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 55 MINUTES 05 SECONDS NEST ALONG THE RESPECTIVE NORTH LINES OF SAID CHEROKEE GARDENS SUBDIVISION AND WAGNER'S REPLAT, A DISTANCE OF 1846.60 FEET TO TIME NORTHWEST CORNER OF SAID CHEROKEE GARDENS; THENCE SOUTH 00 DEGREES 21 MINUTES 50 SECONDS EAST, A DISTANCE OF 1280.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1844.57 FEET TO THE SOUTHWEST CORNER OF LOT 12 IN SAID CHEROKEE. GARDENS; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, PARALLEL, WITH THE EAST LINE OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8, A DISTANCE OF 40.01 FEET TO THE NORTH LINE OF THE NORTH HALF OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1330.14 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN CHURCH'S MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0038244 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 50 MINUTES 53 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 531.84 FEET TO A POINT ON THE NORTH LINE OF J. LIGHTNER MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9620477 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID J. LIGHTNER MINOR SUBDIVISION, THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 IN J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE CONTINUING NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1298.64 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 17T THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4 A DISTANCE OF 2465.70 FEET TO A POINT WHICH IS NORTH 00 DEGREES 03 MINUTES 49 SECONDS EAST A DISTANCE OF 200.00 FEET FROM THE SOUTHEAST CORNER OF THE WEST 11,12 OF SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 400.00 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 411' SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4, A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4,, THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, ALONG SAID SOUTH LINE A DISTANCE OF 550 FEET, MORE OR LESS,TO THE WEST LINE OF KISKOWSKI 2ND MINOR SUBDIVISION, EXTENDED; THENCE DUE SOUTH, ALONG SAID WEST LINE TO A POINT ON THE NORTHERLY RIGHT -OF -WAY LINE OF THE NEW CLEVELAND ROAD, SAID POINT BEING 170.85 FEET SOUTH OF AND 346.64 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 20; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT - OF -WAY LINE OF THE NEW CLEVELAND ROAD TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE NORTH ALONG SAID EAST LINE TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE DUE EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF BRICK ROAD TO A POINT BEING DUE WEST AND 200 FEET FROM THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 20; THENCE DUE SOUTH 220 FEET; THENCE DUE EAST 200.00 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 20; THENCE DUE NORTH A DISTANCE OF 220 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF BRICK ROAD; THENCE EAST ALONG THE SOUTH RIGHT -OF- WAY LINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE WEST RIGHT - OF-WAY LINE OF MAYFLOWER ROAD; THENCE DUE NORTH 20 FEET, MORE OR LESS, TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 30 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MAYFLOWER ROAD; THENCE EAST ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT THAT IS 420 FEET WEST OF THE POINT OF INTERSECTION BETWEEN SAID CENTERLINE AND THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH 750 FEET PARALLEL WITH THE WEST LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST 420 FEET TO THE WEST LINE OF SAID SUBDIVISION, SAID WEST LINE BEING THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 35 OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION AND THE HARTMAN & DEMAEGT SUBDIVOON TO THE SOUTHEAST CORNER OF LOT 8 OF THE HARTMAN & DEMAEGT SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HARTMAN & DEMAEGT SUBDIVISION, EXTENDED EAST, TO A POINT THAT IS 138.48 FEET WEST OF THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21; THENCE NORTH 465 FEET, MORE OR LESS; THENCE EAST 138.48 FEET, THENCE NORTH 530 FEET TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 661.02 FEET ALONG SAID CENTERLINE,' THENCE SOUTH 1280 FEET, MORE OR LESS, THENCE EAST 661 .02 FEET TO THE WEST DNE OF TOLL ROAD INDUSTRIAL PARK SUBDIVISION, ALSO BEING THE NORTH- SOUTH CENTERLINE OF SECTION 21, THENCE NORTH ALONG SAID WEST LINE OF TOLL ROAD INDUSTRIAL PARK A DISTANCE OF 685.077 FEET TO THE NORTHWEST CORNIER OF OUTLOT 7C OF SAID TOLL ROAD INDUSTRIAL PARK, SECTION 7; THENCE NORTH 88 DEGREES 53 MINUTES 36 SECONDS EAST, 1327,59 FEET TO THE NORTHEAST CORNER OF LOT 11 OF THE TOLL ROAD INDUSTRIAL PARK, SECTION 6; THENCE SOUTH 00 DEGREES 56 MINUTES 57 SECONDS EAST, 366,66 FEET TO THE NORTH LINE OF LOT 14, SECTION 6, OF THE TOLL ROAD INDUSTRIAL PARK; THENCE EASTERLY A DISTANCE OF 1322.97 FEET ALONG THE NORTH LINE OF LOT 14 AND LOT 15 OF SAID SECTION 6 TO THE EAST LINE OF SAID LOT 15, ALSO BEING THE EAST LINE OF SECTION 21; THENCE ALONG THE SAID EAST LINE SOUTH 00 DEGREES 45 MINUTES 45 SECONDS EAST A DISTANCE OF 1590.77 FEET TO THE EAST QUARTER POST OF SAID SECTION, THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 585.04 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 31 SECONDS EAST A DISTANCE OF 1219.94 FEET TO THE CENTERLINE OF PORTAGE ROAD; THENCE SOUTH 21 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 292.53 FEET, THENCE NORTH 01 DEGREES 02 MINUTES 54 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22, TO THE EAST-WEST CENTERLINE OF SAID SECTION 22, THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 22 TO THE CENTER OF SAID SECTION 22; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 TO A POINT 214.50 FEET NORTH OF THE SOUTH 1/4 CORNER OF SAID SECTION 22; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 99.00 FEET; THENCE SOUTH, PARALLEL WITH SAID NORTH-SOUTH CENTERLINE OF SECTION 22, A DISTANCE OF 214,50 FEET TO THE SOUTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID SOUTH LINE OF SECTION 22, A DISTANCE OF 99.00 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 22 (ALSO BEING THE NORTH 1/4 CORNER OF SECTION 27); THENCE SOUTH ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 27 TO THE SOUTH RIGHT-OF-WAY LINE OF THE EAST - WEST INDIANA TOLL ROAD; THENCE WEST AND NORTHWEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST - WEST INDIANA TOLL, ROAD TO THE INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF MAPLE ROAD; THENCE SOUTHWEST AND SOUTHERLY ALONG THE EAST LINE OF SAID MAPLE ROAD AND BENDIX DRIVE TO THE POINT OF BEGINNING, EXCEPTING THEREFROM: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER FO THE SOUTHWEST QUARTER OF SAID SECTION 19, LESS THE SOUTH 40 FEET THEREOF FOR RIGHT OF WAY PURPOSES, SUBJECT TO RIGHTS -OF -WAY, EASEMENTS, COVENANTS, AND RESTRICT4ONS OF RECORD, Exhibit B (Plan Commission Order) WHEREAS, the St. Joseph County Area Plan Commission (the '`Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), is the governing body of the South Bend Department of Redevelopment (the "Department "): and WHEREAS, on March 5, 2010, the Commission approved and adopted its Resolution No. 2657 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED AND RESTATING AND CONFIRMING THE LEGAL DESCRIPTION FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA " (the `:Declaratory Resolution "); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan ") for the Airport Economic Development Area (the "Area "), identifies parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2657) (the "Flan Amendment "); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36 -7 -I4 (the "Act "); and WHEREAS. pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: L The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 16'h day of March, 2010. ATTEST: Lary ST. JOSEPH COUNTY AREA PLAN COMMISSION Vice - President _..�_..__.,__.- ..- ...._�._..__, _- .�....,... �... .�-•-- - ------ Vit�uua B. Calvin1 Ed. D..; �,.. ....._..___,_......,_...,,..... Citanccilor February 9, 2010 South Bend Redevelopment Commission 227 W. Jefferson Blvd. South Bend, IN 4660 t Dear Commissioners: Ivy Tech -South Bend requests the Redevelopment Commission to add the following properties to the acquisition list for possible acquisition and donation to Ivy Tech, similar to the four properties in the same block added to the list last fall: 114/t 16 E. Sample St. and 115 Ohio. Currently Mason's Heating, Air Conditioning & Appliances Inc., owned by Fidencio and Esperanza Bueno. ® 120 E, Sample St. and 117, 119, 121, 123 Ohio. Currently Enyart Electric Motor Service lire, owned by Patricia Enyart Trustee. • 202 and 130 E. Sample St. and 125, 127, 129 Ohio, Currently Sinco Pools, owned by Leonard and Karen Sears. As you may recall, these properties are included in Ivy Tech -South Bend's 25 -year campus expansion plan, In the short to medium term, the region will use the properties as follows: ® Sinco Pools property: Relocate School of Fine Arts and Design from main campus on Dean Johnson Boulevard, Previously, the college had hoped to move the school to the Discount Rental building on East Sample, but the owners of that building have not determined i C and when they will be willing to sell the building. Should the Discount Rental building later become available, the college would still request the Redevelopment Commission to acquire it for the college's use, and would locate all or part of the School of Health Sciences there. Enyart property: House the painter, insulator, bricklayer, and tile setter apprenticeship programs. These programs now are located in. the block building west of Ivy Tech on Sample Street (iTOSS) and in ITOSS. 220 DEAN JOHNSON BOULEVARD SOUTH BEND, IN 46601 -3415 574 - 289 -7001 EXT. 5706 rAX 574 -236 -7181 EMAI L: WALV]NOWYTEChi.EDU Ivy Tech is �n aecr( llited, equal uiii)nFtt III ity, Hffi3'tn IGve action c )t1I1I knit)' college. We anticipate renovation expenses to be modest ($20- 30,000) because the apprentices will provide much of the labor without charge. Previously, the college had planned to move the apprentices into the Habitat building on bast Sample Street. If the college also can acquire the Enyart property, we will instead move the Workforce and Economic Development (WED) department into the Habitat building. This move will free up additional, much - needed space in the main building on Dean Johnson Boulevard. It also will give WED greater visibility, increasing awareness of its customized training services for business and industry. 0 Mason's ideating property: Use for storage, Vacant land included with these properties will be converted to parking spaces to serve the buildings, and the college will invest in lighting that will improve the safety and security of the area. These moves will enable the region to: ® Tear down the block building west of ITOSS (with funding already approved by the Redevelopment Commission) and create a much- needed parking lot to serve students, staff and visitors using the ITOSS building, Currently, we are unable to use the classrooms in ITOSS for regularly scheduled classes and honor requests for community meeting space because of the lack of parking. Renovate the area in the ITOSS building currently occupied by the painters for more classrooms and office space. This renovation will be funded through federal stimulus dollars. Expand liberal arts programming in the main building. The college anticipates substantial growth in demand for transferable liberal arts courses. ® Accommodate the Respiratory Therapy program, currently housed in a building across from Memorial Hospital, and add the Surgical Technology program to meet community needs. Provide more office space in the main building to accommodate increases in full - time faculty and Student Services staff to better serve growing enrollment and enhance student outcomes, Under the 25 -year campus expansion plan, these properties are scheduled to become primarily green space to accornnlodate outdoor college and community activities and contribute to a pleasing urban campus environment, As you know, we ask not for Ivy 'l ech, but for the community, Given the experience of mature community college systems in other states, we can say with confidence that the number of students and employers seeking educational and training services at Ivy ]'cob will continue to grow far into the future. The heart of South Bend --- convenient to the citizens and organizations we serve —also will continue to be the right place for your community college. Your approval of this request can help more community members gain the education and skills they need to build better lives for themselves and their families, and a more vibrant community for all of us. Thank you for your consideration.. Sin rely, Yirgini 1 , Calvin Cc: Jeff Gibney /J r City of South Bend Community & Economic Development 227 W Jefferson Blvd Suite 12005 South Bend, IN 46601 Dear Council Members, The Rum Village Neighborhood Association is pleased to support the acquisition and revitalization of the blighted area adjacent to the area developed for Ignition Park. These properties are located north of Indiana Ave with future redevelopment incorporating retail and once space. As members of the Rum Village Community we understand the impact that this future development could hold for our neighborhood. We would very much like this redevelopment area to include the neighborhood name of Rum Village, such as Ignition Park at Rum Village. Your support to make this happen would be extremely positive for the neighborhood's image, and would be much appreciated. Sincerely, r Al Ileet, President Rum Village Neighborhood Association 1. 400 Cotr.,�- r -Cnr I1var.�rNt, 227 W jrrr rRSoN, BOULLVARL7 Suun� BENL7,INOIAN.S 46601 -1830 QiT Y OF SOUI"H BEND STEPHEN j. LuFcKE, MAYOR EPAR'TMENT OF ..,A i PHoNi 5741235 -9241 FAx 5241235 -9892 TDD 574!235 -5567 CHARLES S. LEONE A1.ADEAN M. DERosE n a- Ci .A op,NEY March 15, 2010 Carr .r- AssisTAN -r GTYM-roRNrEY Mr. Derek Dieter, President South Bend Common Council 4 1 Floor County -City Building South Bend, IN 46601 RE: Proposed Addition of various parcels to the Airport Economic Development Area Acquisition List and Confirming the Legal Description for the Airport Economic Development Area Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airpo €l Economic Development Area (AEDA) to add various parcels to the AEDA Acquisition List. Additionally, the RDC is seeking to reconfirm the legal description for the AEDA. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APL's resolution is now submitted to the South Bend City Common Council for its approval. These parcels are in four specific target areas within the AEDA. The areas are targeted to enhance the surrounding businesses and neighborhoods, and in one instance, to partner with an educational facility to further their expansion needs in light of large increases in enrollment. Area 1: Ignition )Park South The entire area north of Indiana Avenue, between Franklin on the east and Prairie on the west, was identified as "weak residential" in the 1995 Rum Village Neighborhood Action Plan, and as tar back as 1971, as the logical southern boundary of the Studebaker Corridor redevelopme�­it area. This area is plagued by vacant lots, empty housing, and substandard commercial and rental units. Staff in the past met twice with the Rum Village Neighborhood Association, which strongly supports the redevelopment of this area. This study area encompasses the west side of Taylor Street as its eastern boundary and Prairie Avenue as the western boundary. This area consists of 50 vacant lots, 6 vacant TraonfAs L. Boi)NAR CHERYL A, GREENF, ANN - CAR(?L ACASH JEFFREY M. JANKOWSKI LAwPUN?CL J. MEFEIVER JEFFREY L. SANHORD . IUI3NI E. BRODUN Mr. Derek Dieter Mar. 17, 10 Page 2 businesses, q vacant houses and what appear to be 45 occupied homes and I 1 small businesses. Of the 128 parcels in this area, 15 are currently owned by the City, 4 are owned by the Rum Village Neighborhood Association and 7 are owned by the railroad. Twenty -four of these properties were up for tax certificate sale last week, and in an effort to minimize acquisition costs, the City Staff was the successful bidder on these properties. The twenty -four properties were acquired for approximately Fifteen Thousand Dollars ($15,000). Also included in this study area are the six formerly owned Burton parcels that were donated to the Board of Public Works when the Waste Management property north of the tracks was purchased by the Commission in 2008. The inclusion of these parcels will allow title to be transferred from the Board to the Redevelopment Commission. The estimated redevelopment cost for this target area is $8.5 million and will be a multi -year project. This cost includes acquisition, demolition, relocation and professional services. Area 2: Ignition Paris West The areas to the east and south of Ignition Park have been studied and inconsistent uses have been or are in the process of being redeveloped. The area west of Prairie was recently brought to the forefront when a special exception was requested for a wrecker service in this area, which was not considered consistent with the planned future for ignition Park.. There are currently several properties that could be available for acquisition once the process is complete. There are also solve properties that are or have recently been behind in property tax payments. These properties bound the west side of Prairie from Indiana Ave. to Sample, and from Sample west to Webster. Estimated redevelopment cost for this target area is $5 trillion, and will also be a multi -yeai project. This cost includes acquisition, demolition, relocation and professional services. The largest old brick building about %2 block west of Prairie on Sample could be demolished and recycled by a private entity. If this occurs, the estimated cost of this project would be lowered by over $1 million because of lower demolition costs. Area 3: Ivy Teeh 1 Gorny Plaza Ivy Tech: There are four properties in this area which would be acquired and eventually transferred to Ivy Tech for much needed expansion of classrooms, storage and panting. Staff has been contacted by two of these property owners, indicating their willingness to work with the Commission once the Plan amendment Mr. Derek Dieter Mr. Derek. Dieter Mar. 17, t O Page 3 process is complete. Staff asks that these properties be added in case agreement cannot be reached to acquire properties included for Ivy Tech last year, and is not in addition to those properties. Staff' Feels having options will enable better negotiations, These properties consist of • Four parcels of the Sinco property on Sample and Ohio Five parcels of the Enyart property on Sample and Ohio • Three parcels of the Mason Heating & Air Conditioning property on Sample and Ohio ® One vacant lot on Ohio Dike last year's agreement, this would be a joint effort between the Commission and Ivy Toch, with the Commission purchasing the properties and Ivy Tech doing the interior work to turn these buildings into classrooms and / or storage areas. Attached is a letter from Ivy Tech's Chancellor, detailing their plans for these buildings if acquired. Estimated redevelopment costs for this area are estimated to be $1.4 million, which includes acquisition, relocation and professional services. Gorny Plaza: "this plaza was recently listed for sale, and would be a target acquisitions that could help with the redevelopment of south Michigan Street, including the Burke building at the northwest corner of Garst and Michigan Streets, Real Services; or could allow for the redirection of Dean Johnson Parkway to Main Street. This property has long been identified as a potential redevelopment site because of its proximity to Ivy "Tech and Ignition Park. Estimated redevelopment costs for this property, which includes three parcels, is $500,000. This cost includes acquisition, demolition, relocation and professional services. Area 4 Airport Industrial Park, Phase 2 The City of South Bend and the St. Joseph County Airport Authority have been working together to coordinate infrastructure improvements and parcel acquisition in this area southeast of the airport complex. The City was recently approached by this parcel's owner, indicating their interest in selling if an agreement can be reached. This parcel is between Maplewood and Sheridan, and would allow Maplewood to be closed and vacated adjacent and to the north of tbis property. The Commission currently owns four properties in this block. This parcel would be one of four currently not under control. Mr. Derek Dieter Mar, 1.7. 10 Page 4 Either David Relos or another staff nnennber from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. LJM/pp Sincerely, i, Lawrce J Metezver .Assistant City Attorney ..f Sy JAfR� Oliver A Catal Kendall C ff tll Taylor ZL E L. �u sv McPherson W W; N: j N co , I ; 7 � � I W i S V A A A.EiA�Ai A- N C n W ' co (}i - Ul UI 0 to N - Ui M [0 j 'V S1�'CJ7�AEW iN V - Q7 W its co c0 -4 ': CD: Ut 4P W '.... -- 3 CO C, Co Ca, co m co CO 6i cc t0 d co .. n M :M. L � 1 0o Scott _ N. 1\ Kern A Chapin A 0 a _ N. 1\ Kern A Chapin A 0 a It 111111II jb� - - E ................ ...... ,i o e�° L N CD ID D CD 0 ED �7 Z �] a p CD Q _ ® —f ;s�- go r .tJ D T. 3 0 O U? CL D U) 2 at c- o_ c cn 2 - C7 ro D � c � 0 n a c 5 n :Area 2.-, Airport Industrial Park, Phase 2 Maplewood i NW 0 a Albs Ph 2 - Property info Owner 1 st Source City of South Bend Dept. of Redevelopment St. Joseph County Airport Authority i ............................. . ....... ............... ............................... Keller St N "NX011livulmr2m A RESOLUTION OF THE COMMON COUNCIL Off' THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the: City of South Bend, hndiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), on February 19, 2010, approved and adopted its Resolution No. 2655 (the "Declaratory Resolution -), Exhibit A, amending the acquisition list in the South Bend Central Development Area Deveiopmment Plan (the "Plan ") for the South Bend Central Development Area (the "Area ") and amending the South Bend Central Development Area Development Plan (the "Plan Amendment "); and WHEREAS, the Plan Amendment calls for the addition of various parcels located widur, the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City "), on March 16, 2010, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming tho Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act {the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Pl;i. Comrraission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Cormission Carder in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Conirnon Council of the City and compliance with procedures required by law. By: Attest: City Clerk COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council �G4 t Exhibit A (Declaratory Resolution of the Reclevelop.ent Commission) -1 AMENDING !: ;: THE SOUTH REND CENTRAL DEVELOPMENT AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on May 10, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36 -7 -14 ( "Act "); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ( "Development Plan ") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800; adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1 989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said Resolution No. 893 expanded the South Send Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolutions No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted on December 19, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No, 4; WHEREAS, Resolution No. 737 was further amended by Resolution No, 1758 adopted on July 7, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted Pa on September 7, 2001; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1901 adopted on September 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003; and said Resolution No. 2001 expanded the South Bend Central Development Area by adding; Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing; Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18, 2007; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2374 adopted on July 7, 2004; and 3 WHEREAS, Resolution No. 737 was further amended by Resolution No. 2385 adopted on November 2, 2007; and said Resolution No. 2385 expanded the South Bend. Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted on March 28, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 2467 adopted on July 18, 2008; and WHEREAS, resolution No. 737 was farther amended by Resolution No. 2695 adopted on August 21, 2009; and WHEREAS, the Development Plan includes a list of parcels of property to be acquired; and WHEREAS, it is necessary to modify the list of parcels of property to be acquired by adding additional parcels of property to the acquisition list; and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcels of property set forth in Exhibit A; and WHEREAS, the Commission authorized the Department to conduct surveys, appraisals and investigations and to thoroughly study the South Bend Central Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys, appraisals and investigations and has thoroughly studied the South Bend Central Development Area and the Development Plan, resulting in the preparation of the East Bank Village Master flan; and WHEREAS, Resolution No. 2467 adopted the East Bank Village Master Plan on July 18, 2008; and WHEREAS, upon such surveys, appraisals, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the flan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the Plan Amendment conforms to other development and redevelopment n plans for the City, NOW, THEREFORE, BV THE SOUTH BEND REDEVELOPMENT OGOVERNING OF SOUTH BEND REDEVELOPMENT, 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition of the property being added to the acquisition list is $400,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the South Bend Central Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8, The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section. 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the 0 Act and IC 5 -3 -1 and after all required filings have been arcade pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12, The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating 'Title VI of the Civil Rights Act of 1964, as amended. (Balance afpage intentionally left blank) 6 ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on February 19, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601, CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT 4 e �A ignalure Marcia I. Jone�,/"esident P Fin t-eTffa-me -a-n-JTj Tie— ATTEST: 31gnarure Nancy N. King, Secretary rintedNowe and Ti1 South Bend Redevelopment Commission South Bend Redevelopment Commission 7 Milli AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT ACQUISITION LIST AMENDMENT Parcel # Address Common Name Owner V/L corner Formerly Troegger ; First National Bk of Valparaiso 18 -5010 -0285 Washin on and Niles Sheet Metal Formerly Troegger First National Bk of Valparaiso . 18- 5010 -0286 V/L on Washington Sheet Metal Fon -nerly Troegger First National Bk of Valparaiso 18 -5010 -0287 VIL on Washington Sheet Metal Formerly Troegger First National Bk of Valparaiso 18- 5010 -0288 V1L on Niles Sheet Metal Formerly Troegger First National Bk of Valparaiso 18 -5010 -0290 122 Niles Sheet Metal Formerly Troegger First National Bk of Valparaiso 18 -5010 -0291 �! 122 Niles Sheet Metal i Formerly Troegger First National Bk of Valparaiso j 18- 5010.0292 V/L on Niles Sheet Metal Formerly Troegger First National Bk of Valparaiso 18 -5010 -0293 511 E. Jefferson Sheet Metal (Plan Commission Order) F ;l j 5 { RESOLUTION NO. 208-10 WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the `City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), is the governing body of the South Bend Department of Redevelopment (the "Department ")-. and WHEREAS, on February 19, 2010, the Commission approved and adopted its Resolution No. 2655 entitled "A. RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution'); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the South Bend Central Development Area Development Plan (the "Plan ") for the South Bend Central Development Area (the "Area "), identifies parcels located within the Area as parcels necessary for the implementation of the flan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2655) (the "Plan Amendment "); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36 -7 -14 (the "Act "), and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City, 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area flan Commission is hereby directed to forward a copy of this Resolution. together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 16th day of March, 2010. ATTEST: Sec etary ST. JOSEPH COUNTY AREA PLAN COMMISSION Vice - President 1400 Coin,rY -Crr-Y BuU DING 227 W: JEFFERSON BoULr•:vARD So rni BFNm, CNp1LNA 46601 -1830 CITI' OF SOUTH BEND STEPHEN J, LuFcKE, MAYOR DEPARTMENT OF LAw PHONE 5741235 -9241 FAx 5741235 -9892 TDD 5741235 -5567 04ARLEs S. LEONE ALADLAN M. DEROSE CITYAT'roRm,Y March 15, 2010 CI iIEFAssisTANI- CITYATToRNF.Y Mr. Derek Dieter, President South Bend Common Council 4 "' Floor County -City Building South Bend; IN 46601 RE: Proposed Addition of various parcels to the South Bend Central Development Area Acquisition List Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. [his process began when the South Bend Redevelopment Commission {RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central Development Area (SBCDA) to add various parcels to the SBCDA Acquisition List. The declaratory resolution of' the RDC was sent to the St. Joseph County Area Plan Commission (APQ for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. The parcels proposed for addition to the acquisition list are in a specific target area within the East Bank Village area of the SBCDA. The parcels are located on the east side of Niles Avenue between Jefferson and Washington. The property will be used to stimulate new development in the heart of the East Bank Planning Area as well as serve as a site for improved surface parking to facilitate a growing parking; need it this village area. A map of the parcel area is attached for review. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. LJMIpp THOMAs L. BODNAR CijmmZ A. GREENE ANN-CAROL. NASFI JEFFREY M. JANKOWSKI LAWRENCE . METFIVER JEFFREY L- SANFORD JoIiNT E. BRODEN Area Former BB'S East Bank :r Area RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING- AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36 -7 -14 (the "Act "), on March 5, 2010, approved and adopted its Resolution No. 2658 (the "Declaratory Resolution "), Exhibit A, amending the acquisition. list in the South Side Development Area Development Plan (the "Plan ") for the South Side Development Area (the "Area ") and amending the South Side Development Area Development Plan (the "Plan Amendment "); and WHEREAS, the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commissions "), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City ") on March 16, 2010, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendmer,i as required by Section 16 of the Act (the "Plan Commission Order "); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bcnd, Indiana, as follows: I. The Plan Coerrmission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the C:om.rnon Council of the City and compliance with procedures required by law. By: Attest: City Clerk COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council @L �. + Exhibit A (Declaratory Resolution of' the Redevelopment Commission) A RESOLUTION OF SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend RedevelopmentConnnission ( "Cornmission"), governing body of the City of South Bend Department of Redevelopment (::Department "), on November 1, 2002, adapted Resolution No. 1914 declaring the South Side Development Area to be a blighted area within the meaning of Ind. Code § 36 -7 -14 ( "Act"); and WHEREAS, Resolution No. 1914 and the South Side Development Area Development Plan ( "Plan ") adopted by resolution No. 1914 on November 1, 2002, were confirmed by Resolution No. 1928, adopted on December 20, 2002; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 1957 adopted on March 7, 2003; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2013 adopted on November 17, 2003; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2059 adopted on June 18, 2004; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2073 adopted on July 27, 2004, and created Allocation Area #2; and WHEREAS, Resolution. No. 1928 was further amended by Resolution No. 2096 adopted on September 13, 2004, and created Allocation Area #3; and WHEREAS, Resolution Tiro. 1928 was further- amended by Resolution No. 2107 adopted on November 19, 2004; and Vk'HEREAS, Resolution No. 1928 was further- amended by Resolution No. 2120 adopted on January 21, 200.5; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2143 adopted on March 4, 2005, and WHEREAS, Resolution No. 1928 was further amended by Resolution No, 2237 adopted on May 19, 2006; and WHEREAS, Resolutions No. 1928 was further amended by Resolution No, 2334 adopted on June 1, 2007; and WHEREAS, Resolution No. 1928 was further amended by Resolution No. 2353 adopted on July 20, 2007; and WHEREAS, the Development Plan includes a list of parcels ofproperty to be acquired; and WHEREAS, it is necessary to modify the list of parcels of property to be acquired by adding additional parcels of property to the acquisition list; and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcels of property set forth in Exhibit A; and WHEREAS, on February 5, 2010, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the South Side Development Area within the City; WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Side Development Area and the Development Platt; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS, the Plan Amendment conforn s to other development and redevelopment plans for the City, NOW, THEREFORE, RE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; G) improved diversity of the economic base, d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $500,000.00. 5. The Commission hereby determines that the Plan Amendment confotnms to other development and redevelopment plans for the City. 6. The maps and plats of the South Side Development Area, shoring the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development flan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area flan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 ofthe Act and IC 5 -3 -1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist, 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as othelivise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12_ The United States of Arnerica is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and urban Development effectuating Title VI of the Civil Rights Act. of 1964, as amended. (13(zluree of' hage intejttit»tttllV left blank) ADOPTED at a regular meeting of the South Bend Redevelopment Commission field on March 5, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. ATTEST- J'i�rtarurc Nancv N. King, Secretary Pr twd Nave and 'Title South Bend Redevelopment Conxmissian CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT 5'i�n nlrrt'< Marcia I. Jones, President Prialed NaIM' (Wef IPIe South Bend Redevelopment Commission EXHIBIT TO O AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN Address Property Owners Tax Key # Description Miami Street _ City of South Bend 23- 1007 - 0511001 Rcteijtiun Pond Miami Street City of South Bend 1 23-1007-05110? Retention Pond V/L south of Ireland Erskine Playa .Association 23-1007-051105 Drive lane 748 HaN ,bake�� Street Afifeb A Bullard 23- 1035 - 1798 House 736 Hawbaker Street Terrance & Debrah Wruble 23- 1035 -1749 House 722 Hawbaker Street Emery & Mary Keszei 23 -1035 -18410 House (Plan Commission Order) RESOLUTION O 209-10 WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission "), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City "); and WHEREAS, the South Bend Redevelopment Commission (the "Commission "), is the governing body of the South Bend Department of Redevelopment (the "Department "): and WHEREAS, on March S, 2010, the Commission approved and adopted its Resolution No. 2658 entitled "`A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH SIDE DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the South Side Development Area Development Plan (the "flan ") for the South Side Development Area (the "Area "), identifies parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2658) (the "Plan Amendment "); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36 -7 -14 (the "Act "); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed_ ;. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 16th day of March, 2010. ATTEST: Secr tary ST. JOSEPH COUNTY AREA PLAN COMMISSION Vice - President 1400 C.f tJNTY -Cl rY BuE DINC, 227 W I FTH''RSON B]ULE"NA2D Soum BEND ), 46601 -1830 CI`rY Or SQUrH BEND STEPHEN J. LuECKE, MAYOR EPART ENT OF LAW Pf�aNr.5741235 -9241 FAx 5741235 -9892 TDD 5741 235 -5567 CHARLES S. LEONE ALADEAN M. DERosF. March 15, 2010 Cr..m'.r-Assrs-rANrCr'rYA roRNeY CITY ATPORNf:Y Mr, Derek Dieter, President South Bend Common Council 4"' floor County -City Building South Bend, IN 46601 RE: Proposed Addition of various parcels to the South Side Development Area Acquisition fist Dear President Dieter, Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Side Development Area (SSDA) to add various parcels to the SSDA Acquisition List. The declaratory resolution of the RDC was sent to the St, Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APL's resolution is now submitted to the South Bend City Common Council for its approval. These parcels are in a specific target area within the SSDA related to a proposed work project. The work project, the Erskine Plaza Pond Project, is targeted to improve the drainage network in the Ireland and Miami corridor, improve the appearance and finality of the central interior pond, develop a new pond which will help to naturally dissipate stormwater and to create a new development site along Miami Street. A map of the proposed project impact area is attached for review. Either kill Schalhol, or another staff mernber from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Sincer�lyk - D/ nce J `fi�leteiver assistant City Attorney THOMAS L. BoDNAR Cr?r =RYr. A. GaErNE ANA- Cnrtor NASIi JEFPxEY M. JANTKOWSKI LAWRENCl3 J. METFfVFR jrFF -REY L. SANFORr> JoxN E. �IiODEN INDOT PREQUALIFIED: LANG, FEENEY and ASSOCIATES, LAN) SU VEV G — CONSTRUCTION ENGINEERING 73.5 SOUTH i+ CHI%AN STREET ® SOUTH BEND, INDIANA 46601 TELEPHONE 5741233 -1941 o FACSW�E 574/074 -01374 5.4 ECOLOGICAL SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION March 17, 2007 City of South lend Common Council Room 455 County -City Building South Bend, Indiana 46601 Re: Vacation Petition To The Common Council, WILLIAM D. LANG, PRES, JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. N SUB - DIVISIONS BOUNDARY SURVEYS CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED The vacation is requested for the south 147'± and the coal -de -sac portion of Laurel Street all lying north and adjacent to the Pena Central Railroad. On behalf of the Salvation Array Ray & Joan Igoe Corps Community Center, we wish to vacated that portion of Laurel Street to help facilitate sufficient parking for the center. The portion being vacated serves little use, as only one adjacent property will be affected. This owner uses ether entry paints onto their property. Sincerely, Terance F7. Lang AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM TO THE END OF THE LAUREL STREET CUL-DE-SAC STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charges with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public hearing on the petition to vacate the following property: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right -of -way line of Western Avenue and the East right -of -way line Laurel Street; thence South 00 °10'06" East along said east right -of -way line of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 00 1110'06" East along said line, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85 03219" and limited in length by a chord which bears South 42 056'15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189 146'03" and limited in length by a chord which bears South 09 °10'36" West, a distance of 113.59 feet to a point on the north right -of- way line of the Penn Central Railroad; thence North 73 147'51" West along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00 110'06" West along said centerline, a distance of 139.39 feet; thence North 89 °49'54" East, a distance of 20.00 feet to the point of beginning. Commonly know as the south 147'x- and the cul -de -sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad hereby determines that it is desirable to vacate said property. SECTION H. The City of South. Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right -of -way line of Western Avenue and the East right -of -way line Laurel Street; thence South 00 010'06" East along said east right -of -way line of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 00 °10'06" East along said line, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85 °32'19" and limited in length by a chord which bears South 42 °56'15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189 °46'03" and limited in length by a chord which bears South 09 °10'36" West, a distance of 113.59 feet to a point on the north right -of- way line of the Penn Central Railroad; thence North 73 147'51" West along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00 110'06" West along said centerline, a distance of 139.39 feet; thence North 89 1149'54" East, a distance of 20.00 feet to the point of beginning. SECTION IV. The purpose of the vacation of the real property is to allow additional space for the proposed Salvation army Kroc Center SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council f e idt ^ek Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock . M. City Clerk Approved and signed by me on the day of 2010, at o'clock M. K GvF � ;a� 55EO Mayor, City of South Bend, Indiana n PETITION P, 5 P' TO TEE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA 1, THE UNDERSIGNED, PETITION YOU TO VACATE: A. THE STREET DESCRIBED AS: A portion of Laurel. Street described as: A part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, City of South. Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the south right-of-way line of Western Avenue and the East right- of-way line Laurel Street; thence South 00 °10'06" East along said east right-of-way lime of Laurel Street, a distance of 474.91 feet to the point of beginning of this description; thence continuing South 001 10'06" East along said lime, a distance of 13.25 feet to a point of curvature to the left having a radius of 20.00 feet, a central of 85°32' 19" and limited in length by a chord which bears South 42'56'15" East, a distance of 27.16 feet; thence along a curve to the right having a radius of 57.00 feet, a central angle of 189 °46'03" and limited in length by a chord which bears South 09 °10'36" West, a distance of 113.59 feet to a point on the north right- of-way fine of the Pena Central Railroad; thence North 73 °47'51" Nest along said line, a distance of 20.85 feet to said line's intersection with the centerline of Laurel Street; thence North 00 °10'06" West along said centerline, a distance of 139.39 feet; thence North 89 14954" East, a distance of 20.00 feet to the point of beginning. Commonly know as the south 147'x- and the cul -de -sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad. Salvation Arn-�y, I�Ia�or Ralph ansen by Terance D. Lang, Agent 715 South Michigan Street South Bend, Indiana 46601 574 - 233 -1841 r, r,?r.0 �a: . „_ t�~llC 8-lIS Y�5 �` .S � � 4a a ... 40 9a.5 30 3G 95 � �' a�ai bS Oe some , • 4a as ase. � taG � oG � Kp¢�S�' �" i s x�. s ss rd ed hI I�'23o7 A3 as Gry GCc IN i r 19 h m K1 tY) i i� Pd. 92 i —a m'O 76 a 70IO 1 Sup 18 3 58 a- 3 co P2' oq�,p �zti roc rrsz' r� r.1. �a PERKIAI,S Vac. ST ° U ®a m 4 .. 4b .407 6Ce 5p 3s so 6-31 `02 /2 p co 11?T 'n .1d - I9G, 5 _ \L .25 A9 S� ®• 1 p C L1 15'1 14 !6U 21 2272 sy' IJ 5 Sp iB &.q ,, Ga- I I � I {o I 2 im 4 E I 47 47 33 9 !3a o T %I 314, Fri, 47 N N N i77 nE -1661 331 47 IB Bo qq /n� L U+q9 M1 to In 'n cr Ijlh � h i °3 5� , ��� $F 7 ci � I I 'ig ti i �8 -�O�J� �• �3 � �Ot9 Bw.. � IN i r 19 h m K1 tY) i i� Pd. 92 i —a m'O 76 a 70IO 1 Sup 18 3 58 a- 3 co P2' oq�,p �zti roc rrsz' r� r.1. �a PERKIAI,S Vac. ST ° U ®a m 4 .. 4b .407 6Ce 5p 3s so 6-31 `02 /2 p co 11?T 'n .1d - I9G, 5 _ \L .25 A9 S� ®• 1 p C L1 15'1 14 !6U 21 2272 sy' IJ 5 Sp iB &.q ,, Ga- I I � I {o I 2 im 4 E I 47 47 33 9 !3a o T %I 314, Fri, 47 N N N i77 nE -1661 331 47 IB Bo 18-3059-2304 18-3058-2271 01 South Bend Housing Authority Dept. of Public Parks 501 South Scott street City of So Be uth d South Bend, Indiana 46601 1200 County-City Building South Bend, Indiana 4660" RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPRO O OF THE SOU BOARD OF APPEALS FOR THE ,:, LOCATED AT 1939 Charles Street, South Bend, Indiana 46637 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning appeals for approval or disapproval; and WHEREAS, the Conunon Council must take action within sixty (60) days after the Board of Zoning Appeals snakes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning appeals has made a recornmendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION Ia The Common Council has provided notice of the hearing; on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1939 Charles Street, South Bead, Indiana 46637 in order- to permit Off-site parking in a "SF-1" District SECTION Ile Following a presentation by the Petitioner; and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, con-flnunity moral standards, convenience or general welfare; 1 The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3_ The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Cleric. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council C_11 �u BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND APPLICANT'S NAME: FTC Properties LLC PHONE: (574) 855 -5556 ADDRESS: 1626 South Bead Avenue, South Bend, Indiana 46637 ADDRESS OF PROPERTY e 1939 Charles Street, South Bend, Indiana 46637 PRESENT ZONING OF PROPERTY: " ®1" District OWNER'S NAME: Bryan Wynen PHONE (574) $55 -5550 ADDRESS. 1820 South Bead Avenue, South Bend, Indiana 46637 COUNSEL OR CONSULTANT: SiteScapes, Inc. PHONE: (574) 255 -4677 [MATURE OF APPEAL, VARIANCE` OR SPECIAL EXCEPTION: attest under the penalties for perjury, that the foregoing representations are rue. ignature of/Proterty Owner(s) Our request is for a special exception to allow parking in a SF -1 District is to meet the growing needs of our company and to be able to provide; a safe, controlled parking area for our employees. In 2007 a special exception was granted for a parking lot at 1939 Charles Street, Lot 20. Currently we have arranged for additional cuff -site parking spaces reserved for our employees behind the Goodwill Store on South Bead Avenue to accommodate our growing need. This unfortunately creates an unsafe condition when employees must cross the 5 lanes of traffic on South Bend Avenue /St. Rd. 23 to get to work. Our request is to expand the existing employee parking lot onto the adjacent. Lot 21 to provide an. additional 27 parking spaces. Comments and concerns from the neighbors were addressed in the 2007 special exception. All of these previous concerns will also be covered in the proposed parking expansion with the continuation of fencing and landscaping to match the existing parking lot. Expansion of existing employee parking lot at 1939 Charles Street, Lot 21. ® No driveway onto Charles Street Fencing and landscape plantings to continue around the proposed parking expansion to match existing parking lot. ® Eliminate or minimize the need for off -site parking lot usage. Storm drainage controls will be in accordance to City of South Bend requirements. The special exception approval will maintain the SF -1 Single Family zoning and will only allow for the property to be developed for parking. No other uses will be allowed, which will help preserve the single family zoning of the neighborhood. The petitioner listened to the concerns of the neighbors regarding poise, loitering and truer traffic on their streets and have addressed these issues in the 2007 special exception for employee parking and will continue to work with neighbors on any concerns or questions. Office policy manual prohibits on -site; loitering by employees and the proposed parking lot being adjacent to the existing building will allow management better control to keep parking areas clean of trash, reduce noise and eliminate unnecessary loitering. Since 2003 Wissco has informed all delivery companies delivering to this location not to utilize the residential streets and have posted and enforced that no Wissco truck traffic is to use these streets and it was acknowledged by the neighbors that has been satisfactory to them. Wissco Irrigation has maintained the property and parking at 1939 Charles Street including renovation of the house. It has been acknowledged by the neighbors that Wissco Irrigation fulfilled their promise to develop and maintain the parking lot developed as promised and are satisfied with the results. We have continued to address any concerns of the neighbors and at the same time attempting to be responsible in providing a safe and attractive parking area for our employees. We appreciate your review and ask for approval on our request for a special exception to allow us to expand our current employee parking lot. Sitdcapes, Inc. February 9, 2010 Board of Zoning Appeals City of South Bend 125 South Lafayette Street, Suite 100 South Send, fndiana 46601 Pe: Petitioner: FTC Properties, LLC Application for: Special Exception at 1939 Charles Street South Bend Indiana Members of the Board of Zoning Appeals, The Petitioner, FTC Properties, LLC seeks this Special Exception for the Board of Zoning Appeals of the City of South Bend to allover the use of the petitioner's property identified above to expand an existing employee parking area of the adjoining Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue, South Bend, Indiana. The properties adjoining to the east and west are jointly owned by common parties. It is the intent of the Petitioner to expand the existing paved, landscaped, fenced and screened parking area on Lot 20 onto Lot 21 of Pensinger's Subdivision to accomplish the expansion of the operations and to allow for the hiring of additional employees and their parking. Pursuant to this Application, the following standards for variances as set forth at I -C. 36 -7 -4 -918.5 are addressed: 1, The approval will not be injurious to the public health, safety, morals and general welfare of the community because of the intended use of the property for the expansion of employee parking for the present Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the improvements contemplated here will be paved, landscaped and fenced as necessary to ensure no deleterious effect on adjoining or surrounding parcels. 3, The need for the Special Exception for which the Petitioner applies arises from the peculiar condition of the property requiring its use to allow for the expansion of available employee parking for the property adjoining at the west and the fact that the property adjoining to the east is owned by a commoner owner. 4. The strict application of the terms of the .Zoning Ordinance will result in unnecessary hardship on the common owner of the adjoining parcel arising from practical difficulties in the use of its adjoining property because additional parking is essential to the ongoing and expanding operations of Wissco Irrigation Co. and the parcel comprised of the subject allows expansion of staff and employees to accommodate growth in the company. 5. The approval of the Petitioner's request will not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter. We appreciate your kind consideration for this request. Sincerely, Patrick S. Brown, ASLA, LI=ED-AP site,5capes, Inc, 1003 Uncolnway west Mishawaka, fndiana 46544 Landscape Architecture and Planning Telephone (574) 2554677 FAX (574 i 217 -7890 vaww. SiteScapes- lnc.com z rt ❑a zz LL � O� W� 2� h � o YJ w a C� RVF r �32 a iiI � I W c ti Ell , � I,� I t V - a� s r _S - w g4 doe y¢ DIN Q W E I 8 ol.Vv I i i I AEZ O O --- f w a b a O I j - i S�g r m d m lt- z rt ❑a zz LL � O� W� 2� h � o YJ w a C� RVF r �32 i i w m � 0= W t z i w a v i vF ' IF I � I ! � i J iP IP r Q z � f X amp _ � li w a !p 1F F y—i CA P F _ �� B �o w lu q I 6a n F za i' iiI � I W ti Ell , � I,� I t V - a� s r _S - w g4 doe y¢ DIN Q o 8 ol.Vv I i i I AEZ O O --- f w a b a o ��� i s j - i S�g r m d m i i w m � 0= W t z i w a v i vF ' IF I � I ! � i J iP IP r Q z � f X amp _ � li w a !p 1F F y—i CA P F _ �� B �o w lu q I 6a n F za F i' iiI � I W m i Ell , WIT x � � o I �q O O f w a a j rn YN S�g r m d m F i' iiI � I W m i Ell , Q x � � o I �q O O f w a ��rt_ners °itlirra0% I9rls Strect Petitioner: 24 -1008 -0663 24 -1008 -0664 24 -1102 -0556 24- 1002 -0557 24- 1002 -0558 FTC Properties, LLC issco Irrigation) 1820 South Bend Avenue South. Bend. IN 46637 Adjacent Property Owners: 02 -1106- 5391.01 Zolman Tire, Inc. 18255 Vaness Street South Bend, IN 46637 02 -1106- 5397.10 Salvation Army 510 South Main Street South Bend, IN 46601 24 -1001 -0422 24 -1001- 0422.01 Toth Enterprises, LLC 17812 Ashford Hills Ct Granger, IN 46530 24- 1001 -0423 Rocco & Julia Ameduri 612 Peashway Street South Bend, IN 46617 24 -1001 -0424 Richard Was, Jr. 15866 preswick Lane Granger, IN 46530 24- 1001 -0425 Main St. Property, LLC 555 1/2 So. Burdick St. Kalamazoo, MI 49007 24 -1002 -0555 lino, Inc. 940 Industrial Park -way Elkhart, IN 46516 24- 1002 -0559 Ulrich IClopfer 2010 Ironwood Drive South Bend, IN 46635 2 -5 -10 24- 1008 -0655 24 -1008 -0656 24 -1008 -0657 24-1008-0658 Wissco Irrigation Co,, Inc. 1820 South Bend Avenue South Bend, IN 46637 24 -1002 -0560 Thomas F. Dorsey 2018 Ironwood Circle South Bend, IN 46635 24 -1002 -0564 Campbell Properties, LLC 2006 -2025 Ironwood Circle South Bend, IN 46635 24 -1003- 0566.01 Campus Shoppes, LLC 22700 Crenshaw Blvd. Torrence, CA 90505 24 -1008 -0636 Albert Jones 1530 Harrington Drive South Bend, IN 46617 24- 1008 -0637 Stuart Fishman 1555 Rosemary I..,ane South Bend, IN 46637 24 -1008 -0645 24 -1008 -0646 Brandon Hoffman 1952 Charles Street South Bend, IN 46637 24 -1008 -0647 Leo Mundt 1944 Charles Street South Bend, IN 46637 24 -1008 -0650 24- 1008 -0651 Susan Mahoney 1920 Charles Street South Bend, IN 46637 24- 1008 -0652 24- 1008 -0654 Richard Fox P.O. Box 11412 South Bend, IN 46634 Suite 123 24 -1008 -0659 24 -1008 -0660 24 -1008 -0661 24 -1008 -0662 State of Indiana Indiana Department of Transportation 100 North Senate Avenue Indianapolis, IN 46204 24- 1008 -0648 24 -1008 -0649 Catral Investments in 101, LLC 50920 Cherry Farm `frail Changer, IN 46530 24 -1008- 0661.01 Michael Manahan & John Moore 11485 Harbridge Drive Granger, IN 46530 24- 1008 -0665 24 -1008 -0666 Stephen Farekas 1947 Charles Street South Fend, IN 46637 Area 'Plan Ca �ss�on of t, Joseph County 1140 County-City BOd� ng South Bead, Indians 46601 John VV, Byernl Executive Director Larry P. illlagfiozzi Assistant D rector Phone 574 235 -8671 vvwvv.stjosephcountyindiana .corn /areaplan Fax 574 235 -8813 February 24, 2010 Area Board of Zoning appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning appeals Meetincy Dear Board Members: The following comments are being made concerning some of the items to be heard at the area Board of Zoning Appeals meeting on WedneA march 3, 2010. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Special f -geekt onLUSe. special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property valves therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the (St. Joseph County and City of South Bend) Comprehensive Plan. 60 The petition of Gaylar Go Candler Sr. and Hilltop Farms The staff recommends the petition be sent to the Town of Osceola Town Council with a favorable recommendation. This stared has received approvals to operate at this location for a number of years and has, to the best of the staff's Knowledge, operated without negative impacts. 7, The petition of FTC Properties, LLC. The staff recommends that the Special Use be seat to the Common Council with a favorable recommendation. a similar Special Use for parking was approved in Novernber 2007 for the proporty to the west_ However, it appears the two 2" maple trees that were proposed in the previous Special Use have not been planted in the front yard. The Staff would like to note that the property is still zoned SF I and the remaining house can only be used as a residence, as indicated on Special Use site plan. 8, The petition of Steven Kubsch, ;fat Ruszkows i and Paul Vandewallee The staff recommends that the Special Use, as presented, be seat to the County Council with an unfavorable recommendation. In the staffs opinion, the Special Use for a group residence as proposed by the petitioner would not meet the above standards for granting a. Special Use. The neighborhood in which this house is located has experienced significant land use changes in the past few years, with the construction of high density housing primarily for students. In some of the newer projects. zoning approval has been granted for up to 4 unrelated individuals (students ). In the much older Serving South Send, takevllla, nlevv Carlisle, Nodh Liberty, Osceola, Roselancf and St Joseph County. Indiana apartment projects such as Clover Fridge, which is immediately adjacent to the site on the cast, unit density may be much lower. In addition, there is still a large portion of the area that remains as a traditional single- family neighborhood. The community should remain sensitive to this as the neighborhood experiences potential future land use changes. In reviewing projects such as this, the intent and size of the original structure should be considered, and used in such a way as to respect the desires of the residents that wish to remain in the neighborhood, and acknowledge the development patterns that are occurring. The conversion of a residential structure in such a way as to increase the number of unrelated individuals that are capable of living in the unit does not address the issues noted above. This would be a conversion in either footprint, or number of bedrooms. The Zoning Ordinance defines "family ", briefly, as: "... a number of persons, but not exceeding two (2) persons who are not related by blood, legal adoption or marriage, living and cooking ... ". This petition is requesting that 5 unrelated individuals be allowed to reside together, in a home originally built with three bedrooms (based on information from the Health Department). Considering the structure, its location relative to the new developments in the neighborhood and the other single - family residences, the staff would ask that The Board, if it is considering a favorable recommendation, to limit the number of unrelated individuals living in this particular structure, to three (3). Sincerely, _ n hrista Nayder. Planner „area Board of honing Appeals _. 1\41arch 3, 2010 FTC PROPERTIES /LLC: The petition of FTC Properties, LLC seeking a Special Exception to allow off site parking in a "SF 1” District, on property located at 19339 Charles Street, Clay Township. Zoned "SF I ", MR, PAT BROWN: SiteScapes, Inc. with offices at 1003 Lincolnway West, Mishawaka representing FTC Properties. Their request is to expand an existing parking for employees. In November of 2007 they were here before you for the original parking lot which is behind the Wissco irrigation building for 37 spaces. It`s the same address, 1 939 Charles Street. The first parking lot was built on Lot 20. Adjacent to it is lot 21 and that's what the petition is for today is to add another 27 parking spaces. Since the parking lot was constructed in 2007 an additional 20 enriployees has been added to the company. And they have basically filled the parking lot and they are again leasing space across State Road 23 behind the Goodwill stare. That was the reason in 2007 is that we had employees across the street trying to cross State Road 23 to get to work. They have again met their capacity and we're looking at adding another 27 spaces. In looking at and talking; with the owner and with me here today is Mr. Brian Wynen, he's the president of FTC Properties, the landowners and also president of Wissco Irrigation. This parking expansion parking request today is pretty much going to be maxing out the capacity of the buildings. So it's not like we're going to keep coring back. This is the only property, they own lot 20 and 21 so there is no more room to expand anymore. But we're at the point with anticipated growth coming up this spring and this summer that they have already maxed out and they're leasing space across the street again. So we request your review and approval of a favorable recommendation to expand the parking lot to expand and add more employees to our local economy. MR. BULCT: Pat, indicated on the site plan I noticed the separation between the parking spaces is 22'. Are you going by a different standard than the standard in the ordinance? MR. BROWN: Those are the same standards that we followed for lot 20. The lots itself are only 60`, And we're able to pick up a few feet behind the Wissco building and that we're squeezing the parking lot on lot 21 right up to it. What we're trying to do is maintain the 3' setback on the east. So what we basically, we're squeezing every inch out of the property. It's at the bare minimum, 62` width for a parking lot. MAR. BULOT: I imagine that we would request now that you indicate that you want to use a 22' separation so that it goes on the record. MR. BROW: Okay. So the site plan as subrilitted, showing a 22' aisle between the parking spaces that is part of our request. And the current parking lot that was built in 2007 is on that salve design and currently there is now problems maneuvering in that parking lot. MR, FEDDER: [ think the staff had a question about a previous matter. Do you want to bring it up Christa? IBS. C.I fRISTA NAY13ER: used on the site plan which was brought in 2007, it indicated that there was going to be two new trees planted in front of lot 20, when we were out there it didn't appear that new trees had been planted there. There appeared to be some existing trees. We're okay with going forward with this as 10 Area Board of Zoning Appeals - Larch 3; 200 0 long as what you promised in the landscaping and stuff is up there. I did notice that the fence was tap and that the Evergreen type trees are up. MIS. BROWN: The fence, the Evergreens, the shrubs were ail. put up. In 2007 the intent was to take down the larger older trees and put in new trees and get another 50 years out of that but when the tree service cane out and moved the trees that were necessary the other ones were just pruned up and left and I guess that the owner had the assumption well if we left the existing trees we wouldn't have to replace and squeeze in two new ones with them.. However we are showing new trees with this new parking lot. If you require I suppose we could go back and add the two trees from 2007 as we do this as part of the approval. MS. NAYDER: the there trees existing in front of lot 21 now? MR. BROWN: No. No because in front of lot 21 is the house that's going to remain so we're doing everything behind it and there are now trees. There is a row of Evergreens on the neighboring property that would not be impacted. MS. NAYDER: But will you be, you'll be planting two new trees in front of the house as per the site plan? MR. BROWNT: Fight. MS, NAYDER: I think we just wajat to make sure what's on the site plan is actually what's going can the site;. MR. BROWN: Yeah. It's just in 2007 we did not add those two trees because left the two existing trees that was going to be removed. But lot 21 we will add the two additional trees. MS. NAYDER. Alright, very good. MR. PHIPPS: If the house is to remain a residence then that is not going to be used for a office or anything? MR. BROWN: It's residence right and there's no one in it. But from 2007 Borne of the concerns fronn the neighbors that since it was vacant that it was not being kept up and 2007 Mfr. Wynen went back and re- roofed it, painted it, repaired it and ever, though it's vacant it is still kept up and maintained and the neighbors have expressed appreciation of maintaining the property. IN FAVOR MR. 1111 _1. SCP ^ l;t 1.OI.,: ��ith the City of South Fends Department of C'ominunity and Economic Development with offices on the 12's floor. We worked with Brian and his group over the last several years as they've expanded their business and we appreciate the work that they're doing. They've continued to add at this location. They've done everything they can to maximize the site. Other than planting these two trees, they've net the obligations that were laid out back in 2007. We anticipate that they can move forward and do that. But we like to see them at this site. It's a great use for the property and we just as for your support of this. tkrea Board of Zoning Appeals —March 3, 2010 I, l MR.. STEPHEN FARCKAS: Fm 92 and I live adjacent to the property at 1947 Charles Street which Mr, Wynen wants to expand into parking. I have really four questions. More that are explanatory of what Mr. Wynen's plans really are. if I can ask the questions now. The first question really concerns all our neighbors. Wee d like to know for sure if there are going to be entrance and exits on Charles Street from this parking lot? MR. URBANSKI: Why don't you ask the four questions sir and then Pat will come back up and answer your questions for you. MR. 1~AREKAS: Okay, The second question then is, over the area of the parking lot is he going to leave the condition of the ground as it is or pave it over with asphalt? And the third question, is when that board fence line is going to actually be along our property line there? And the fourth question, I have some Evergreens I've planted 61 years ago and they're about 60` high and I _just wonder what will be the status of those if he puts his board fence real close to my property line. Those are the four questions. MR. tIRBANSKI: Very good and he will answer them for you and I thank you. REBUTTAL. MR, BROWN: As far as the access onto Charles Street, there will be no driveway on Charles. Just as the Current parking lot they come around the end of the building, this to parking lot will be expanded off of that parking lot and they'll exist that way so there will be no more traffic; on Charles. The parking lot, the previous parking lot was built out of concrete and basically just followed the lawn, the same slope and that's the intent here that this will follow same slope and we again looking at a concrete parking lot as opposed to asphalt. The house will remain and the concrete will start at the back of the house and go up to the end of the parking lot that's there now. MR. IrARf;K S A.SKFD MR. BROWN A QUESTION FROM THE ALUENCE THAT WAS NOT PICKED UP CAN THE al-APE MR. BROWN. Lack in 2007 when we talked to you about it, we knew those tall evergreens were on your property, you planted. What we're going to do now if we get the approval, we're going to get a surveyor to go out and find that exact line and then the intent is the fence is going to go near the property line on Brian's property. The intent is once we get approval, get a surveyor out there and located the true property line, hopefully we'1.1 find out all those Evergreens are on your property. If they end up on Brian's property we may have to talk a little bit more. But the intent is the fence will go right down the property line but we may have a little bit of lead way if the fence has to trove 6 inches, 12 inches, a little bit to go around the trees to protect them. But the intent is not to take down the trees. The fence by ordinance I believe is 6 feet. So once we put the fence up there may be a branch or two that may have to be pruned, but the intent is to leave all the Evergreens, Now as far as the Lilac bush, we'll just have to see when it falls on which side of the line. 12 Area Board of Zoning A.ppeais - -- March 3, 2010 ONCE AGAIN MR. FAREKAS ASI EDA QUESTION FROM THE AUDIENCE THAT COULD NOT ICE PICKED UP CAN THE "TAPE MIS. BROWN: Just a few inches. That will be the closest. We will try and. get as close to the line as we can. Nothing will be on your property. Everything will be on Brian's property. MR. PEDDR: Pat you might take a moment after you've made you presentation and talk to him outside. It seems like you're answering his questions to his satisfaction but we can't get you across the room. MR. BROWN. Okay we'll talk to Mr. I~arekas and his wife outside. A motion to send this petition to the Common Council with a Favorable Recommendation was made by Mr. Phipps and seconded by Mr. Matthys. The motion carried unanimously. .After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7 -4- 918.5; therefore, the petition was sent to the Common Council with a Favorable Recommendation. Lased on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of pacts. PF,TFTI,GN �F.N TO THE COMMON COUNCIL WITH A ',4 VG ABLE C OMMEX DATI ON AREA BOARD OF ZONING APPEALS 125 S. Lafayette MY& Suite 100 South Hemel, Indiana 46601 (574) 235 -9554 FAxo (574) 235 -5541 March 4, 2010 The honorable Common. Council Of the City of South. Bend 4th door, County -City Building South Bend, Indiana 46601 RE: petition for Special Exception of FTC Properties ABZA 313/10 Dear Council ]Members: The above referenced petition of FTC Properties, I l,C was legally advertised on February 12, 2010. The Area Board of Zoning Appeals gave it a public hearing on Larch 3, 2010, at which time the following act'on was taken: Upon a motion by Mr. Phipps, being seconded by iMr. Matthys and unanimously carried, the petition for Special Exception to allow off site parking in a " SH ", District, on property located at 1939 Charles Street, is seat to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot_ C.B,J. Budding Commissioner CCB /cah F "]f'4� T'll�C:Dfi'T;9d'E`IP:`z, PAP Slll -'( IAL LXCI,P'FION PC,11"ZS1 _IANIT 2 - 09.30)) AREA BOARD(-,)' ZONING APPEALS FINDINGS, (-)F f_AC'T TI IF PRUPOSLD WILL NOT BE INJURIOUS TO THE P)BLIC 1- 1E_AL"T-H, SAFF-Fy. C.OMFOR1, COMMUNNITY MORAL STANDARDS_ CONVF:NlIENCE OR GENERAL WELFARE BECAUSE: ��evelop3e�ent znd use as presented will comply with all bui]din�_ fire sft.'f-et5, trsfi -ic, €rnd ��ard�in� regzrl3tions as to for I cin = in- luriouti to Isle public health, safety. rnorals, and general welfare: of the coirnrturrity- ?_ -THE PIZOPOSED USE WILL NO'l TNJURE OR ADVi= RS1'L�' AFF1,.C'T" TI-11✓ USE OF THE ADJACI; NT AREA OR PROPEY�TY VALUES TTII'REIN BECAUSE: The variance or use shall improve the appearance ofthe neigliborhood and will not devalue the surroundinc properties. 3. Tl -IE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OI- THE IV,57-tIC7 -IN) tJ, HICII IT ]S 1,OCATE7-D AND THE LAND USES AUTHORIZED TI-IF-REIN BE CAUSE: Condiliorls on the properly predate ti-Ie Zoning Ordinance, which creates a different enndhion for this property. 4. TI IL P120POSED USE IS COMPATIBLE WITH TILE RECOMMENDATIONS OF THE CITY OF SOUTH BEND C�'Ol9PR� "HEArSIY" FLr ?h' BECAUSE. It is the feeling ofthe Board that the variance is hlertdincg into the overall Comprehensive Plan and is not deviating front il's intent. CONDITIONS OR RE ,VISIONS IT IS THEREFORE thu decision ofthe E30a7-d that this request for Special Exception Shall he passed onto the City of South Bend Common Council with a: FAVORA131- ��� O��i) mIT�F�f�C3IeI ADOPTED this 3rd Dav of March, 301 0. YES NO MiICHAFL URBANSKI ® RANDALL MAT"i HYS 0 JACK Y0UINJG ARSEN" T JACK ITICKEY GEE -ALD PHIPPS AI3St T. r ROi3FRT HA WLEY JOE VEI -LEMAN John W. Byorni Executive Director Larry P, Magliozzi Assistant Director Phone 574 235 -9571 vrrww. stjosephcountyindiana .com /areaplan Fax 574 235 -9333 March 17, 2010 -- ti The Honorable Council of the City of ! South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Women's Outreach Ministry, Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 2301 Miami Street, 2303 Miami Street, 1026 and 1034 East Ewing Avenue, City of South Bend - APC4 2546 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Women's Outreach Ministry, Inc. was legally advertised on Thursday, March 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, March 16, 2010 took the following action: Upon a motion by John McNamara, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of Women's Outreach Ministry, Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 2301 Miami Street, 2303 Miami Street, 1026 and 1034 East Ewing Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re -use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, p � k -.dohn W. Byorn JWB:jsc Attachment CC: Women's Outreach Ministry, Inc. Ocie Brazier Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St_ Joseph County, Indiana Staff RMLt APC # 2546 -10 Owner: Women's Outreach Ministry, Inc. Location: 2301 Miami Street, 2303 Miami Street 1026 and 1034 East Ewing Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District to allow an aquarium shop (pet store) and all other uses allowed under the Local Business Zoning classification. Land Uses and Zoning: On site: On site is a multi- tenant building. Current tenants are Upscale Trends and Bead Creative. North: To the north is the Tutt Branch of the St. Joseph County Public Library zoned MU Mixed Use District and SF2 Single Family and Two Family District. East: To the east is a liquor store zoned LB Local Business District. South: To the south is a fabric store zoned NAU Mixed Use District. West: To the west are single family homes zoned SF2 Single Fancily and Two Family District. District uses and development standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The total area of the site is 5,295 square feet. There is an existing 4,080 square foot building divided into 4 units. Variances, requested by the petitioner for parking, landscaping and setbacks will be heard at the April 7, 2010 Area Board of Zoning Appeals meeting. Track and transportation. considerations: Ewing Street and Miami Street have two lanes each with on- street parking. Additional information- (Agency comments) There are two plans for the Miami Street Corridor, The Miami Street Commercial Corridor Revitalization Action flan (2000), and an informal 2007 future land use plan for Miami Street that recommends that the 2301 Miami parcel be used for low- intensity commercial and/or residential use with minimal setbacks. City Engineer: The parking area must have storm water retention. The parking area and alley must be paved to the south property line. Parking spaces must be outside of right of way. Women's Outreach Ministry, Inc. #2546 -10 Pale I of I 5 Criteria (per IC 36 -7 -4 -603), le Comprehensive plan: Policy Plasm city Plan South Bend Comprehensive Plan November 2006 Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map, Objective Eli 2: Retain existing businesses and recruit new ones to the city. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map shows this area as mixed use, plan Implementationr /®deer Plans: Miami Street Commercial Corridor revitalization action Plan 2000 This property is in the South CIuster subarea. Appearance Objective: Improve viability of commercial shopping nodes. Business Environment Retention Objective: Keep current businesses successful. 2, Current conditions and character: The proposed site is on the southern end of the traditional Miami Street commercial corridor. Small businesses line Miami Street with residential behind it. The library branch was recently expanded. 3. most desirable use: Past uses of the building have been service and small retail, which should continue. 4. Conservation of property values, It is the staff s opinion that the surrounding property values should not be adversely affected. So Responsible development and growth., Allowing Local Business zoning will open up the number of uses allowed at this site. The site is too small to support the more intense uses of Local Business that may be objectionable to the neighborhood. Recommendation. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis, Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re -use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. Women's Outreach Ministry, Inc. #2546 -10 Page 2 of 2 � " � & � «? M ' k SOUTH BEN O � vu Ald Rezoning from: "MU"' „ I»» # USE D- > Tf: »> to + "LB" LOCAL .,.�.....,� ,a...�, LB"LOC 2 BUSINESS � » «:y » «» + <«(«f »: �\\+ /±\ SOUTH BEND' FS SINGLE FAMILY & TWO FAMILY DISTRICT SOUTHBENO`vU`MIXED USEDtSTmcT SOUTH BEND ±m LOCAL BUSINESS DISTRICT I= .� «< ORDINANCE NO. INCLUDING ADDRESSES 2303 MIAK LOCATED AT 2301 MIAMI STREET, 1026 AND SAID BUILDING, INDIANA COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, The zoning for the above address is currently mixed use. Our request is to have the zoning changed to local business use. The purpose of the new zoning request is to allow a fish aquarium (pet store) and all other uses under the local business zoning to operate at the abode address. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bead, St. Joseph County, State of Indiana: Lot 1, e• -..c 18-7127-4522 1 be and the same is hereby established as LB Local Business. SECTION ordinance shall be in full force and effect from d after its passage by the Common Council, approval by the Mayor, and legal s # Attest: City Clerk N.J51 « HGRIRG 2A RFJ,,DHNG Nic"T /1J1PDQVW REFURREak F A S S W,, Presented by me to © Mayor #f2 . City of South Bend, Indiana on the day of � 2_, at o'clock . M. City Clerk Approved and signed by me on the day of 2 1 at o'clock . M. Mayor, City of South Bend, Indiana j Q VD3 V, E John W. Byorni Executive Director 1 Larry B. Magiiozzi Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 March 17, 2010 The Honorable Council of the City of E- 11 ( South Bend X f 4th Floor, County -City Building _... Mw.w..,... South Fiend, IN 46601 RE: A proposed ordinance of 2411 LLC, et. al. to zone from LI Light Industrial District to LB Local Business District, property located at 2411 S. Main Street, City of South Fiend - APC# 2547 -10 Deal- Council Members: I hereby Certify that the above referenced ordinance of 2411 LLC was legally advertised on Thursday, March 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, March 16, 2010 took the following action: Upon a motion by John DeLee, being seconded by .lack Mell and unanimously carried, the proposed ordinance of 2411 LLC, et. al. to zone from LI Light Industrial District to 1,13 Local Business District, property located at 2411 S. Main Street, City of South Fiend is sent to the Common Council with a favorable recommendation. The proposed use is a good example of adaptive reuse. The retail use meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. In addition, zoning the property may attract additional retail /office opportunities to the overall site. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, i � ti6 .1 ��11 W. Fyorn, .IWB:jsc Attachment CC: 2411 LLC Wedgar, Inc., Attw G A Resnik Danch. Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2547 -10 Owner: 2411 LLC Location. 2411 S. Main Street Jurisdiction: City of South Bend Requested Action, The petitioner is requesting a zone change from LI bight Industrial District to LB Locai Business District to allow a retail store. Land Uses and Zoning: On site: On site is an existing building and parking area. North: To the north is a water conditioning business zoned LI Light Industrial District. East: To the east is a vacant office and bank parking lot zoned LB Local Business District, and an electric substation zoned LI Light Industrial District. South: To the south is the office of the Sheet Metal Workers Union zoned Lf Light Industrial District. Vilest: To the west are railroad tracks (unzoned). District uses and development standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The total area is approximately 2.5 acres. There is an existing I5,518 square foot building. There is an existing parking lot with 121 spaces. 54 parking spaces are required for the proposed use. There is one access from Ewing Street and three from Main Street. The petitioner has requested variances for setbacks and landscaping, which will be. heard at the April 7, 2010 Area Board of Zoning Appeals meeting. Zoning and laud use history & trends: At one time, this was the site of a Kroger store. There have been several rezoning petitions on this property. In 1969, it was rezoned from E Heavy Industrial to C Commercial for retail. In 1987, it was rezoned from C Commercial to C Commercial for retail uses /offices. In 1989, it was rezoned from C Commercial to D Light Industrial for a commercial and industrial mechanical contractor. Traffic and transportation considerations: Main Street has three lanes. Main. Street is one way, south. Ewing Street has two lanes. There is a railroad crossing on Ewing just to the northwest of the site. utilities: Building will be serviced by municipal water and sanitary sewer. 2411 LLC #2547 -10 Page 1 of I 5 Criteria (per 1C 36- 7- 4- 603)e 1. {Comprehensive Plan: Policy Plana City. Plan South Bend Comprehensive Alan November 2006 Objective ED I: Stimulate the rehabilitation and adaptive reuse of property in the city. Objective ED 1.1: Encourage reuse of abandoned and underutilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map shows this area as light industrial. Plan Implementation /Other Plans: This site is listed as a development site in the South Gateway Commercial Corridor ,fiction Plan. The proposed uses were retail, office, commercial and light industrial. 2. Current conditions and character: Much of the area, including the subject property and both the northeast and southeast comer of Ewing Street and Main Street, are vacant. The adjacent rail corridor is on the City's long range bike and pedestrian plan. 3. Most desirable use., Retail is a good use since it meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. 4, Conservation of property values: It is the staffs opinion that nearby property values should not be adversely affected. 5. Responsible development and growth. The proposed development is a good example of adaptive reuse. Not only is the building currently vacant, but it is also retaining a local business by allowing that business to relocate and expanded into a larger space. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis- The proposed use is a good example of adaptive reuse. The retail use meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. In addition, zoning the property may attract additional retail /office opportunities to the overall site. 2411 LLC #2547 -10 Page 2 of 2 L� Donald r ®x E .�e Vu �LL r Mu GB Ewing Rezoning from: INDUSTRIAL BUSINESS D Zoning Key SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "L[" LIGHT INDUSTRIAL DISTRICT _" SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT j Altgeld EAU I � GB G6 LI Mu GB AN ORDINANCE AMENDING THE ZONING ORDINANCE LOCATED FOR PROPERTY AT 2411 SOUTH SOUTH BEND, INDIANA .: �OUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH SEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 2411 SOUTH MAIN STREET, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED LI LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A RETAIL STORE. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED ASS: LOT # 1 OF THE PLAT OF "FRISK -ROWE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9723555 IN THE RECORDS OF THE S. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND LOT # 1 OF THE PLAT OF "WEDGAR MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9730307 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.49 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS LB LOCAL BUSINESS DISTRICT. SECTION 11, THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON COUNCIL ;q PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF 2 AT O'CLOCK . M. CITY CLERK Z�' CJ' tt kV,,D114G C Li 1.. /11 T) AN"wYLD