HomeMy WebLinkAbout6B(3) Resolution No. 2868� � 111 - __
RESOLUTION NO. 2868
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE DECLARATION OF PROTECTIVE
AND RESTRICTIVE COVENANTS OF THE BLACKTHORN
CORPORATE CENTER
WHEREAS, the South Bend Redevelopment Authority (the "Authority ") is the owner of
certain real property situated in northwest St. Joseph County, Indiana, commonly known as the
Blackthorn Corporate Center; and
WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is Lessor of
said real property commonly known as the Blackthorn Corporate Center; and
WHEREAS, the Authority, in conjunction with the Commission, intends to develop the
Blackthorn Corporate Center as a first- class, planned business campus; and
WHEREAS, to ensure that the Blackthorn Corporate Center is developed in a uniform
manner with compatible uses, the Authority and the Commission have adopted the "Declaration of
Protective and Restrictive Covenants of Blackthorn Corporate Center" as amended; and
WHEREAS, the Authority and the Commission wish to further amend the "Declaration of
Protective and Restrictive Covenants of Blackthorn Corporate Center" as indicated by the
Addendum attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The "Declaration of Protective and Restrictive Covenants of Blackthorn Corporate
Center" shall be and hereby are amended to apply to the real property described as follows:
Lot Numbered Three A (3A) as shown on the recorded Plat of Blackthorn
Corporate Office Park Minor Subdivision #7 First Replat recorded August
5, 2008 as Document Number 0825691 in the Office of the Recorder of St.
Joseph County, Indiana.
2. The Addendum to the "Declaration of Protective and Restrictive Covenants of
Blackthorn Corporate Center" attached hereto as "Exhibit A" reflecting said amendment shall be
and hereby is approved and adopted.
3. The Secretary is hereby directed to present the Addendum to the South Bend
Redevelopment Authority for its consideration, and upon adoption by the Authority, to cause such
Addendum to be recorded in the Office of the St. Joseph County Recorder.
3. This Resolution shall be in full force and effect upon its adoption by the Commission
and upon the adoption of a substantially similar resolution of the Authority.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on April 12,
2011, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia Jones, President
ATTEST:
Nancy King, Secretary
ADDENDUM TO THE
DECLARATION OF PROTECTIVE COVENANTS & RESTRICTIONS
OF BLACKTHORN CORPORATE CENTER
This Addendum is made this 12th day of April 2011, jointly and severally as Declarant,
by the SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND
REDEVELOPMENT COMMISSION;
WITNESSETH:
The SOUTH BEND REDEVELOPMENT AUTHORITY, through its Resolution No. 73
(recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9322505)
jointly with the SOUTH BEND REDEVELOPMENT COMMISSION, through its Resolution
No. 1147 (recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No.
9324608) made the Declaration of Protective Covenants and Restrictions of Blackthorn
Corporate Center, which Protective Covenants and Restrictions were subsequently amended by:
Addendum to the Declaration of Protective Covenants and Restrictions of Blackthorn
Corporate Center dated February 18, 1994 (recorded in the Office of the Recorder of St.
Joseph County, Indiana as Document No. 9408340), approved by Resolution No. 87 of
the South Bend Redevelopment Authority, adopted March 17, 1994 (recorded in the
Office of the Recorder of St. Joseph County, Indiana as Document No. 9408339) and
approved by Resolution No. 1232 of the South Bend Redevelopment Commission
adopted February 18, 1994 (recorded in the Office of the Recorder of St. Joseph County,
Indiana as Document No. 9410875).
2. Addendum to the Declaration of Protective Covenants and Restrictions of Blackthorn
Corporate Center dated June 16, 1995, recorded in the Office of the Recorder of St.
Joseph County, Indiana together with approval thereof by Resolution No. 98 of the South
Bend Redevelopment Authority, adopted June 7, 1995 as Document No. 9520537, and
approved by Resolution No. 1361 of the South Bend Redevelopment Commission
adopted June 16, 1995, recorded in the Office of the Recorder of St. Joseph County,
Indiana as Document No. 9520538).
3. Addendum to the Declaration of Protective Covenants and Restrictions of Blackthorn
Corporate Center dated July 17, 1996, recorded in the Office of the Recorder of St.
Joseph County, Indiana as Document No. 9707058(said Protective Covenants and
Restrictions, as amended, the "Covenants ").
Pursuant to Section 12.1 of the Covenants, as the Declarant, the SOUTH BEND
REDEVELOPMENT AUTHORITY, jointly and severally with the SOUTH BEND
REDEVELOPMENT COMMISSION, hereby amends said Covenants by the additional bolded
text below:
1. Article IV, Use Restrictions, as previously amended by Doc 9707058, shall be amended
as follows:
4.4 Permitted Uses. For purposes of setting forth the permitted and prohibited uses of
Blackthorn, Declarant has divided the permitted uses into six categories,
designated as (A) "Corporate Office," (B) "Support Office/Research," (C)
General Business," (D) "Hotel," (E) "Conference and Catering," and (F)
"Educational Use."
4.7 Description of Uses. The following describes each of the six use categories.
Parking structures are excluded from the calculation of the total gross floor area
of a building.
4.7.6 Educational Use. Educational Use shall include such Educational Use,
including the operation of a middle school (grades 7 -9) and high school
(grades 10 -12), as well as adult education programs, as is authorized in areas
zoned as "LI Light Industrial" per S.B. Municipal Code Section 21-
04.01(a)(1)(B).
2. Educational Use is permitted for the following lot (the "School Property "):
Lot Numbered Three A (3A) as shown on the recorded Plat of Blackthorn
Corporate Office Park Minor Subdivision #7 First Replat recorded
August 5, 2008 as Document Number 0825691 in the Office of the
Recorder of St. Joseph County, Indiana.
For purposes of the restriction set forth in that certain Contract For Sale Of Land dated
July 2, 1990 between the SOUTH BEND REDEVELOPMENT COMMISSION as seller
and Crescent Michiana Properties, LLC, as buyer, recorded in the Office of the
Recorder, St. Joseph County, Indiana as Document No. 9837241 (the "Sale Contract "),
Paragraph 7, stating that the use of the property conveyed pursuant to the Sale Contract
shall be limited to uses permitted by the Airport Economic Development Area Plan (the
"Plan "), it is hereby certified by the SOUTH BEND REDEVELOPMENT
COMMISSION and the City of South Bend, Department of Redevelopment, that the
restrictions applicable under the Plan are as set forth in the Covenants, and accordingly,
by this amendment of the Covenants, the use restriction set forth in the Sale Contract and
incorporated in the Quit Claim Deed from the City of South Bend, Department of
Redevelopment, to Crescent Michiana Properties, LLC, recorded in the Office of the
Recorder, St. Joseph County, Indiana as Document No. 9837242, are amended to permit
the use of the School Property for Educational Use in accordance with Section 4.7.6 of
the Covenants.
The South Bend Redevelopment Authority and the South Bend Redevelopment
Commission acknowledge and agree that all remaining provisions of the Covenants shall remain
in full force and effect.
IBM
In witness whereof, the parties have caused this Addendum to be executed as of the day
and year first written above.
SOUTH BEND
REDEVELOPMENT COMMISSION
Marcia Jones, President
ATTEST:
Nancy King, Secretary
STATE OF INDIANA )
) SS:
COUNTY OF ST JOSEPH )
Before me, a notary public in and for said County and State, this day of April, 2011,
personally appeared the South Bend Redevelopment Commission, by and
, President and Secretary, respectively, and acknowledged the execution of the
foregoing document.
IN WITNESS WHEREOF, I have hereunto subscribed my name and fixed my official seal on the
day of April, 2011.
ATTEST:
Secretary
STATE OF INDIANA )
) SS:
COUNTY OF ST JOSEPH )
, Notary Public
Resident of St. Joseph County
My commission expires:
SOUTH BEND
REDEVELOPMENT AUTHORITY
sm
President
Before me, a notary public in and for said County and State, this day of April, 2011,
personally appeared the South Bend Redevelopment Authority, by and
, President and Secretary, respectively, and acknowledged the execution of
the foregoing document.
IN WITNESS WHEREOF, I have hereunto subscribed my name and fixed my official seal on the
day of April, 2011.
, Notary Public
Resident of St. Joseph County
My commission expires:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document. Charles M. Loeser
This instrument was prepared by Charles M. Loeser, Attorney at Law, 4100 Edison Lakes Parkway, Suite
260, Mishawaka, IN 46545.
X: Blackthorn Covenants Amdt.doc
MIE