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No. 2580 amending the development plan for the West Washington-Chapin development area and adding one or more parcels to the list of parcels to be acquired
RESOLUTION NO. 2580 • A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the City of South Bend Department of Redevelopment (the "Department "), on October 23, 1987, adopted Resolution No. 818 declaring the West Washington- Chapin Development Area (the "Area ") in the City of South Bend, Indiana (the "City ") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36- 7 -14 -1 et seq. (the "Act "); and WHEREAS, Resolution No. 818 and the West Washington- Chapin Development Area Development Plan (the "Development Plan") adopted by Resolution No. 818 on October 23, 1987 were confirmed by Resolution No. 824 adopted on December 11, 1987; and WHEREAS, Resolution No. 818 was amended by Resolution No. 908, adopted on February 23, 1990, which expanded the West Washington- Chapin Development Area by adding Expansion • Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 1669 adopted on February 19, 1999, which expanded the West Washington- Chapin Development Area by adding Expansion Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2000 adopted on October 3, 2003, which reduced the West Washington- Chapin Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolutions No. 2348 and 2351 adopted on June 19, 2007 and July 20, 2007 respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No. 818 to remove said area from the West Washington - Chapin Development Area, which removed area shall be referred to here in as Reduction Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2383 adopted on November 2, 2007, which reduced the West Washington- Chapin Development Area by removing Reduction Area No. 3; and WHEREAS, the Development Plan for the West Washington- Chapin Development Area as Sadopted by Resolution No. 818 includes a list of parcels of property to be acquired within the West Washington- Chapin Development Area in order to accomplish the Development Plan; and WHEREAS, the Development Plan as adopted by Resolution No. 818 was amended by Resolution No. 990 adopted on May 10, 1991, and was further amended by Resolution No. 1243 adopted on May 6, 1994, and was further amended by Resolution No. 1399 adopted on January 2, 1996, and was further amended by Resolution No. 1436 on July 3, 1996 and said Resolution Nos. 990, 1243, 1399 and 1436 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS, the Commission now desires to further modify the list of parcels of property to be acquired by adding a parcel of property to the list, such parcel being commonly referred to as the Hansel Center (the "Hansel Center "); and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Hansel Center; and WHEREAS, on March 20, 2009,. the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West Washington- Chapin Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the West Washington- Chapin 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 Hansel Center; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington- Chapin Development Area showing the boundaries of the West Washington - Chapin Development Area which boundaries were previously adopted by the Commission (Exhibit B) and which shall remain unchanged by the Plan Amendment; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City. 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 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, such parcel being commonly referred to as the Hansel Center. 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; and 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 $370,000.00. 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 West Washington- Chapin 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 (Exhibit B). 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 the 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 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 otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution 818, as amended heretofore, 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. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on May 1, 2009, at 1.308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature . Marcia I. Jones, President Printed Name and Title South Bend Redevelopment Commission ATTEST: " g) )?�.- Signature Nancy N. King, Secretary Printed Name and Title South Bend Redevelopment Commission EXHIBIT A RESOLUTION NO. 2580 AMENDMENT TO THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18- 1041 -1803 South Bend Heritage Foundation 1045 W Washington St Properties LLC South Bend, Indiana such parcel being commonly referred to as the Hansel Center. r� l • EXHIBIT B RESOLUTION NO. 2580 West Washington- Chapin Development Area Legal Description • 19 EXHIBIT "B" RESOLUTION NO. 2580 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, viz: A Parcel of land being .a part of Section 10 and a part of Section 11, Township 37 North, Flange 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the centerline of William Street to the Easterly projection of the North right -of -way, line of Wayne Street; being the point of beginning; thence: westerly along-said easterly projection and along the north right -of -way line of Wayne Street; projected to the intersection of the west right-of-way line of Taylor Street; thence North along the West 'right of -way line of Taylor'Street to the intersection of the $ouch right= of:way, line of Wayne Street; thence West- along the South right -of -way line of Wayne Street to the intersection of the East right-of-way line of Scott Street; thence South along the East right-of-way line.. of Scott Street to the intersection of the easterly projected South right -of -way line ofNapier Street; thence West along the South right-of- way line of Napier Street to the intersection of the centerline of the first 14.4 foot North South: alley; thence South along the centerline of said 14.0 foot alley to the projected Southerly right - of -way line of the first 14.0 foot East -West alley thence West along, the projected and South right -of -way line of said alley to the intersection of the :East property line of St. Jbseph County Tax parcel 18- 3051 - 2012, Block 71 (now noted as Block W89- Parcel 5); thence South along said East property line of said Parcel 5 and projected to the intersection of the centerline of Western A venue (State Road 2); thence West along the centerline of Western Avenue to the intersection of the North right -of -`way line of the Conrail Railroad, property (formerly known as the Penn Central Railroad); thence Northwesterly along the North right -of -way line of said Conrail" Railroad, property to the intersection of the West right-of-way 'line of the first 14.0 foot North South alley West of Chestnut Street; thence North along the West right-of-way line of said alley to the intersection of the South right -of wny line of said alley to the. intersection of the South. right-of- -way line of the first 14.0 foot West -East alley north of Napier Street; thence West along the South right-of-way line of said alley projected to the intersection of the West right-of -way tine of Cherry. Street; thence North along the West right-of way line of Cherry Street to the intersection of the South right -of- -way line of Jefferson Boulevard; thence West along the, South right -of way line of Jefferson Boulevard to the intersection of the West right-of-way line of Cherry Street; thence North along the West right -of -way line of Cherry Street to the North right- - of -way line of the first f6.0 foot West -East alley South of Washington Street; thence West along. the North right- of-way line of said alley projected to, the intersection of the West right-of-way line of the first 14.0 foot North -South alley West of Cherry Street; thence North along the West right -of -way line of said alley to the intersection of the South right -of -way line of 'W'ashington Street; thence West along the South right -of - -way line of Washington Street projected to the intersection of the Southwest right-of-way line of Washington Street; thence Northwesterly along the Southwest right -of -way line of Washington Street to the intersection of the South right- of-way line of Washington Street; thence West along the South right -of -way line of Washington Street to the North right-of-way line of said Conrail Railroad Property; thence. Northwesterly along said North right -of -way line projecting beyond dive Street, intersecting with A! projected 1] f centerline of the first North -South 14;0 foot W12= Parcel 1); thence North along the proje West of Olive Street (now noted as Block and centerline of said North- South 14.0 foot line of Orange Street; thence East along the. rs,,e on of the East right of way line of Olive line of Olive 'Street to the intersection of the ilooia the South ripzht- of-wav line of .Linden Bast along the North. Iine, of said- (Lot 20) and projected to the East right of =wvay :line of Brookfield Street;, thence South along the East - right: of-way line to apoint being the - approximate mid -point of Lot 21 {now noted as. the North line of Block W$ Parcel I); thence East. along an A13bibximate mid =point ��e and, nroiecting- East to the intersection of the West riehfof wav tine r • noted as Block W52 Parcel 6); t. 9 and 11 (now noted as Block ,of William Street; .thence South terly along the North property line of Lots l, S;, 7 7, 8 9 and 10) to the intersection of the centerline slink of William Street to the point of beginning: EXCEPTING THE F©LLGWNG described tract of land being part of the City of $outh Bend, Portage Township, St: Joseph County, Indiana and being snore particularly described. as- follows Beginning at the intersection of the East right of =way line of Williams Street and the South right- of-Way li ��e of Washington Street; thence West.alortg the said South right -d-way litre to the. East right'of =way line of , Chapin Street; thence Westerly to. a point located on the West rlght-.of- -way line of Chapin Street and 5 feet South . of the South right -of =way, line of Washington. Street; thence South, a distance of 235 feet; thence Wes , a distance of 122:84 feet; 'thence South,- a distance of 5.5 feet; thence West to ilie first North -South alley West of Chapin Street; ;thence, South to a point 38;71 feet North of`the North right -of- way ".line of, Jefferson .Bouloard; ;thence East to the West _'right of -way line of - Chapin Street; thence South to the North right -of -way line of Thomas Street; #hence 'West along said North right -of -way line of Thomas Street to a point 105.5-9 feet East of the East right of -way line of Laurel Street; there North a distance of 67.25 feet; thence 'Nest, a distance of 105:58 feet, to saidtast:rilghtro litre oi' Laurel Street;: thence` North along said 'East, right -of way line to a point 39.6 .feet North of the North right of gray lime of Jefferson Boulevard, thence East to the West right-of-way line of the -first Nort"uth alley lying East of Laurel Street; thence North along said West right -of -way .line to the North right o way line of the .first East -West alley. lying North of 3efferson.B..oulevard; thence Nest, a distance of 4 feet; thence North, a distance of 295 feet to the, South fight of way line of Washington Street; thence -'East along said South right -of way line, to the' West right -of -way line of Chapin Street; thence North to the North right -of -way line of Washington Street; thence East along said North right -of, -way fine to the East right - -of -way line of Williams Street; thence., South to the 1 F11 m _n4_ 9 9T — o 1' p ace o eginng c. ing acres ore r ess. The Total acreage after said exception is 278A acres more,or less: trl 7-1 ri _ p M OM -0 W T W � yy i ru +y `f [iJi W "i p 4i FM . i