HomeMy WebLinkAboutNo. 2119 amending the Sample-Ewing development area development plann
RECORDED O
02/07/500; 01:19z47 PM
TERRI J. RETHLAKE
ST„ JOSEPH COUNTY
RECORDER
REC FEE: $25.00
PAGES:
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE SAMPLE -EWING DEVELOPMENT AREA
DEVELOPMENT PLAN
WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing
body of the City of South Bend Department of Redevelopment ( "Department "), on April
16, 1993, adopted Resolution No. 1151 declaring the Sample -Ewing Development Area
to be a blighted area within the meaning of I.C. 36 -7 -14; and
WHEREAS, Resolution No. 1151 and the Sample -Ewing Development Plan
( "Development Plan ") adopted by Resolution No. 1151 on April 16, 1993, were modified
and confirmed by Resolution No. 1154, adopted on May 21, 1993; and
WHEREAS, the Commission, on December 17, 1993, adopted Resolution No. 1207,
superseding Resolution No. 1151 and Resolution No. 1154, but ratifying all actions
taken pursuant thereto, and declaring the Sample -Ewing Development Area ( "Area ") to
be blighted within the meaning of I.G. 36 -7 -14 ( "Act "); and
WHEREAS, Resolution No. 1207 established the boundaries of the Sample -Ewing
Development Area ( "Area ") as shown on Exhibit "A ", attached hereto; and
WHEREAS, Resolution No. 1207 and the Sample -Ewing Development Plan ( "Plan ")
adopted by Declaratory Resolution No. 1207 on December 17, 1993, were modified
and approved as modified by Resolution No. 1222, adopted February 4, 1994; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1283,
adopted August 19, 1994; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1294,
adopted November 4, 1994; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1305,
adopted January 4, 1995; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1342,
adopted
May 19, 1995; and
WHEREAS, Resolution No. 1207 was further amended by Substitute Resolution No.
1423, adopted May 3,1996; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1550,
adopted November 21, 1997; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1574,
adopted February 20, 1998; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1741,
adopted
March 3, 2000; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1749,
adopted May 19, 2000; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1795,
adopted October 20, 2000; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1831,
adopted April 20,2001;and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1839,
adopted July 21, 2001; and
WHEREAS, Resolution No. 1207 was further amended by Substitute Resolution No.
1876, adopted March 28, 2002; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1880,
adopted April 15, 2002; and
WHEREAS, Resolution No. 1207 was further amended by Resolution No. 1908,
adopted September 6, 2002; and
WHEREAS, Resolution No. 1207 was further amended by Substitute Resolution No.
1997, adopted October 3, 2003; and
WHEREAS, Resolution No. 1207 was further amended by amended Resolution No.
2084 adopted on October 8, 2004; and
WHEREAS, the Commission has previously caused to be prepared maps and plats of
the Area which show the boundaries of the Area, 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, indicating the parcels of
property that are to be excluded from acquisition, the parts of the Area that are to be
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devoted to public ways, levees, sewerage, parks, playgrounds and other public
purposes under the Plan, and an estimate of the cost of acquisition and redevelopment;
and
WHEREAS, the Development Plan includes a list of parcels of property to be
acquired; and
WHEREAS, it is necessary to amend the Plan to add certain additional parcels of
property described at Exhibit "B ", hereto, to the list of parcels of property in the area to
be acquired; and
WHEREAS, Resolution No. 1207, as modified and confirmed by Resolution No. 1222,
estimated the then present cost of acquisition and redevelopment within the Area to be
$25;200,000.00; and
WHEREAS, it is now estimated that the total cost of acquisition and redevelopment of
the Area, including the cost of the acquisition of the parcels of property identified at
Exhibit "B" will be $25,200,000.00; and
WHEREAS, I.C. 36 -7 -14 -17.5 provides the means for approving an amendment to the
Development Plan that involves the addition of one or more parcels to the list of parcels
to be acquired; and
WHEREAS, the Commission has complied with the notice provision of I.C. 36-7 -
14- 17.5(a) and (e); and
WHEREAS, at the hearing held by the Commission on the 21 st day of January
2005 at 10:00 a.m., Eastern Standard Time, at 1308 County -City Building, 13th Floor,
227 West Jefferson Boulevard, South Bend, Indiana, the Commission heard all persons
interested in the proceedings and received and considered 0 written remonstrances
and objections and other such evidence presented.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT
OF REDEVELOPMENT, AS FOLLOWS:
1. The Commission finds that the amendment is reasonable and appropriate when
considered in relation to the Development Plan.
2. The Commission finds that the Development Plan, with the proposed
amendment, conforms to the comprehensive plan of the City.
3. To accomplish redevelopment of the Area it is necessary to acquire additional
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land within the Area as shown on Exhibit "B ", attached hereto and incorporated herein.
4. It is estimated that the cost of acquisition and redevelopment of the project,
including the addition of the property on Exhibit "B", remains at $25,200,000.
5. The Development Plan is amended by adding the property shown on Exhibit "B"
attached hereto, to the acquisition list, and is hereby in all respects approved.
6. The secretary is hereby directed to file a certified copy of said Development
Plan, as amended, with the minutes of this meeting.
7. The Secretary is directed to record this resolution pursuant to the requirements
of I.C. 36 -7 -14- 17.5 (g).
8. All other findings, determinations, and conclusions in Resolution No. 1207, as
amended, shall remain as stated therein.
9. 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.
Adopted at the meeting of the South Bend Redevelopment Commission held on
40 February 4, 2005 at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, IN 46601.
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
ATTEST:
Secretary
DATE: February 4, 2005
is 4
•
RESOLUTION NO. 2119
EXHIBIT,&
That part of Sections 10, 11, 12, 13, 14, 15, 16, 21, 22, 23 and 24 in Township 37 North,
Range 2 East, and Section 18 in Township 37 North, Range 3 East all in St. Joseph
County, Indiana which is described as: Beginning at the intersection of the Centerline line
of Michigan Street (99.00 ft. wide) and the South Right of Way line of Sample Street
extended West,; thence North along said Centerline of Michigan Street to its intersection
with the Northerly Right of Way line of the Conrail Railway (formerly Penn Central Railroad)
extended East; thence Westerly and Northwesterly along said Northerly Right of Way line
to the Southeast Corner of Lot I in the unrecorded plat of "GUILDFoYLE'S ADDITION"
and the West Right of Way line of Arnold Street; thence South along the West Right of
Way line of Arnold Street to the North Right of Way of Sample Street, said point being the
Southeast Corner of Lot # 48 in the recorded plat of "ARNOLD & WEBSTER'S SUB-
DIVISION OF BANK OUTLOT #103" as recorded in the records of said county; thence
West along the North Right of Way line of Sample Street to the intersection of the
Northwesterly Right of Way line of the New Jersey, Indiana and Illinois Railroad; thence
Southwesterly along said Northwesterly Right of Way Indiana and Illinois Railroad; thence
Southwesterly along said Northwesterly Right of Way line to a pointwhich is 300 ft. more or
less South of the North Right of Way line of Meadow Lane extended East, said line being
the North line of Meadow Lane as recorded in the plat of "BELLEVILLE GARDENS 2ND
UNIT"; thence West on a line which is parallel to and 300 ft. more or less South of said
extended North Right of Way line of Meadow Lane to a point which is 100 ft. more or less,
South, from the South terminus point of Sheridan Avenue; thence North 100 ft. more or
less to said South terminus point; thence West, 535 ft. more or less to a point which is 30
ft. more or less, South, from the Southeast corner of the recorded plat of "BELLEVILLE
GARDENS 2ND UNIT" as recorded in the records of said County; thence North 30 ft. more
or less to said Southeast Corner; thence West, 1985 ft. more or less along the South line
of said "BELLEVILLE GARDENS 2ND UNIT" to the West line of said Section 16; thence
South along the West line of said Section to the West quarter Post of said Section 16;
thence East along the East and West quarter line of said Section to the Northeast Corner
of the Northwest quarter of the Southwest quarter of said Section; thence South along the
East line of the Northwest quarter of the Southwest quarter of said Section to the
Southeast Corner of the Northwest quarter of the Southwest quarter of said Section;
thence East along the North line of the South half of the Southwest quarter of said Section
to the Northeast Corner of the South half of the Southwest quarter of said Section; thence
South along the North and South quarter line of said Section to the quarter comer common
to said Sections 16 and 21; thence East along the South line of said Section 16 to the
West Right of Way line of New Energy Drive; thence South along said Right of Way line to
a point 200 ft. South of the north line of said Section 21; thence East parallel with and 200
ft. South of the North line of said Section 21 and 22 to a Point 200.00 ft. South of the
Northeast Corner of the West half of the Northwest quarter of said Section 22; thence
South along the East line of the West half of the Northwest quarter of said Section 22 to
the North Right of Way Line of Prairie Avenue ( S.R. # 23); thence Northeasterly along said
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Right of Way line to the East Right of Way line of Olive Street; thence South to the
Northwest Corner of Lot 1 in the recorded plat of "BOOCHER MINOR SUBDIVISION" as
recorded in the records of said County; thence Northeasterly along the Southerly Right of
Way line of Prairie Ave. (S.R. # 23) to the intersection of the South Right of Way line of
Ewing Ave.; thence East along the South Right of Way of Ewing Ave. to the intersection of
the East Right of Way line of Morris Street extended South; thence North along the East
Right of Way of Morris Street and its extension South to the South Right of Way of Donald
Street, thence East along the South Right of Way of Donald Street to the Northwest Comer
of Lot # 52 in the recorded plat of "PRAIRIE AVENUE LAND CO'S 1st ADDITION" as
recorded in the records of said County; thence North along the East line of a 14 ft. wide
Public Alley and its extension South to the Northwest Corner of Lot #66 in said Plat; thence
East along the South line of Calvert Street (60.00 ft. wide) extended to the East Right of
Way line of Webster Street; thence North along the East Right of Way line of Webster
Street to the South Right of Way line of Bruce Street (60.00 ft. wide); thence East along the
South Right of Way of Bruce Street to the West Right of Way of Kemble Street; thence
South along the West Right of Way of Kemble Street to the South line of the first Public
Alley lying South of Calvert Street extended West to the West line of Kemble Street;
thence East along the South line of said Public Alley (12 ft. wide) and its extension to the
West, to the West Right of Way line of Chapin Street; thence South along said line to the
South Right of Way line of Sherrill Street extended West to the West line of Chapin Street;
thence East along the South Right of Way line of Sherrill Street and its Westerly extension
to the Northeast Corner of Lot #53 in the recorded plat of "SHIVELY'S ADDITION" as
recorded in the records of said County, said point being on the West line of Kendall Street;
thence South along the West line of Kendall Street to the Northeast Corner of Lot # 45 in
said "SHIVELY'S ADDITION"; thence East along the South Right of Way of Donald Street
(50.00 ft. wide) to the Northeast Corner of Lot #254 in said "SHIVELY'S ADDITION";
thence South along the West Right of Way line of William Street and its extension to the
South to the South Right of Way line of Ewing Ave.; thence East along the South Right of
Way line of Ewing Ave. to the Northwest Corner of Lot #1 in the recorded plat of
"WEIDLER'S FIRST ADDITION" as recorded in the records of said County; thence North
along the East line of a 14 ft. wide Public Alley and its extension South to the Southwest
Corner of Lot# 6 in the recorded plat of "OAK PARK FOURTH ADDITION" as recorded in
the records of said County; thence West along the North line of a 14 ft. wide Public Alley to
the Southwest corner of Lot #103 in said addition; thence North along the West line of said
Lot to the Northwest Corner thereof; thence East along the North line of said Lot (South
line of Donald Street) to the Northwest Corner of Lot #4 in said addition; thence North
along the East Right of Way line of a 14 ft. wide Public Alley and its Southerly extension to
the North line of Calvert Street (60 ft. wide); thence East along the North line of Calvert
Street to the Southwest Corner of Lot # 94 in the recorded plat of "SOUTH EAST
ADDITION" as recorded in the records of said County; thence North along the West line of
Lots 94, 93, 46, 45 and said West line of Lot 45 extended North in said addition to the
North Right of Way line of Milton Street (50.00 ft. wide); thence West to the Southwest
Corner of Lot #44 in said "SOUTH EAST ADDITION"; thence North along the East line of a
14 ft. wide Public Alley and its extension North to the North line of Dayton Street (60.00 ft.
wide); thence West along the North line of said Dayton Street to the Southwest Corner of
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jft Lot # 76 in the recorded plat of "OAK PARK 2nd ADDITION" as recorded in the records of
said County; thence North along the East Right of Way line of Dale Ave. (50.00 ft. wide) to
the Northwest Corner of Lot # 70 in said "OAK PARK 2nd ADDITION"; thence East along
the South Right of Way line of Dubail Avenue to the Northwest Corner of Lot #57 in said
"OAK PARK 2nd ADDITION"; thence North to the Southwest Corner of Lot #8 in the
recorded plat of "OAK PARK ADDITION" as recorded in the records of said County; thence
North along the East line of a 14 ft. wide Public Alley to the Northwest Corner of Lot #35 in
the recorded plat of "WENGER & KRIEGHBAUM'S 2ND ADDITION" as recorded in the
records of said County; thence East along the North line of said Lot extended East to the
East Right of Way Line of Miami Street; thence North along the East Right of Way line of
said Miami Street and extending said line North to the Southerly shore of the St. Joseph
River; thence Northwesterly along the shore of said St. Joseph River to a point on the
Southerly Right of Way line of Sample Street (Old Eddy Street) said point also being the
Northeasterly corner of a parcel of ground with a tax identification number of 18-7017-0719
as shown on the St. Joseph County, Indiana Auditors records on March 19,1993; thence
Southwesterly and Westerly along the Southerly Right of Way line of Sample Street to the
Point of Beginning.
EXCEPTING THEREFROM;
A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph
County, Indiana and being more particularly described as follows: Commencing at a point
formed by the intersection of the East right-of-way line of Olive Street and the South right-
of-way line of Calvert,Street; thence West along said South right-of-way line of Calvert
Street to the West line'of the East Half of the Southwest Quarter of Section 15, Township
37 North, Range 2 East; thence South to a point (intersecting with the present city limits)
200 feet South of the North line of Section 22, Township 37 North, Range 2 East; thence
West (along present city limits) to the East line of Section 21, Township 37 North, Range 2
East; thence North (intersecting with the present city limits) to the South line of Section 16,
Township 37 North, Range 2 East; thence West (along the present city limits) along the
South line of said Section 16 to the West line of the Southeast Quarter of said Section 16;
thence North (along the present city limits) along the West line of the Southeast Quarter of
said Section 16 to the Northeast corner of the Southeast Quarter of the Southwest Quarter
of said Section 16; thence West (along the present city limits) to the Northeast corner of
the Southeast Quarter of the Southwest Quarter of said Section 16; thence North 1,800
feet, more or less, (along the present city limits) to the North right-of-way line of the
abandoned Michigan Central Railroad; thence West (along the present city limits) along
said right-of-way line to the West line of said Section 16; thence North 975 feet, more or
less, along the West line of said Section 16 to the South line of Bellville Gardens Second
Addition; thence East 1,985 feet, more or less; thence South 30 feet, more or less; thence
East 535 feet, more or less; thence South 100 feet, more or less; thence East to the West
line of the West Half of Section 15, Township 37 North, Range 2 East; thence South 800
feet, more or less, along the West line of said Section 15 to the North right-of-way line of
the Penn Central Railroad (Old Pennsylvania Railroad); thence East along said railroad
right-of-way to the East right-of-way line of Olive Street; thence South along said right-of-
way line to the point of beginning.
•
ALSO EXCEPTING THEREFROM:
A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph
County, Indiana and being more particularly described as follows: Beginning at the point of
intersection of the Centerline of Prairie Avenue and the Northerly right-of-way line of the
New York Central Railroad; thence South 82- 11' -02" East, 101.40 feet; thence South 86-
50'-51" East, 879.41 feet to a point on the West right-of-way line of Lafayette Street;
thence South 87-31'-30" East, 82.59 feet to a point on the East right-of-way line of said
street; thence South 83- 11' -17" East, 166.36 feet to the Southeast corner of Lot #29 in the
Recorded Plat of "Martin & Tutt's Addition to the City of South Bend" as recorded in the
records of said county; thence South 89-53'-20" East, 179.12 feet to the Southeast corner
of Lot 20 in said plat; thence South 56-18'-16" East, 119.30 feet to the Southwest corner of
Lot #12 in said plat, thence South 89-51-46" East, along the line between Lots #12 & 13 in
said plat extended, 394.00 feet to the Centerline of Michigan Street; thence South 00 -03'-
23" East along said Centerline, 1393.28 feet to the Centerline of Sample Street; thence
North 89-54'-56" West along said Centerline, 50.00 feet; thence South 00-00'-15" East
along the Northerly extension of the West right-of-way line of Michigan Street and said
West right-of-way line, 2636.58 feet to its intersection with the Centerline of Indiana
Avenue; thence South 89-34'-04" West along said Centerline, 1242.87 feet to the
Centerline of Franklin Street; thence North 00-13'-39" East along said Centerline, 467.25
feet to the Centerline of the South Bend and St. Joseph Railroad; thence North 89- 40' -41"
West along said Centerline, 1446.96 feet to the Centerline of Kendall Street; thence North
00-20'-29" East along said Centerline, 626.65 feet to the Centerline of Cotter Street; thence
North 89-24'-21" West along said Centerline, 894.73 feet to the Centerline of Prairie
Avenue; thence North 28-35'-29" East along said Centerline, 1253.48 feet and North 00-
11' -41" West, 915.49 feet and North 89-53'-19" East, 363.11 feet to a point of curvature;
thence around a 286.48 foot radius curve to the left an arc distance of 302.26 feet to the
end of a chord which bears North 59-39'-44" East and having a chord distance of 288.43
feet; thence continuing along said Centerline North 29-26'-09" East, 142.63 feet and North
290-31'-40" East, 912.61 feet to the point of beginning.
H. Douglas Peirce L.S.
Indiana Reg. # S 0318
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SAMPLE -EWING DEVELOPMENT AREA DEVELOPMENT PLAN
RESOLUTION NO. 2119
EXHIBIT B
LIST OF PROPERTIES TO BE ACQUIRED
Property Owner Tax Key Number Description
Peterson Printing Corporation 18- 3061 - 2351.02 746 South Arnold Street
South Bend, Indiana