HomeMy WebLinkAboutNo. 2688 amending the development plan for the AEDA and adding one or more parcels to the list of parcels to be acquiredRESOLUTION NO. 2688
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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
WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body
of the City of South Bend Department of Redevelopment ( "Department "), on February 23, 1990,
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 on 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 confirmed by Resolution No. 971 adopted on January 2, 1991 and said
resolutions expanded the. Airport Economic Development Area by adding Expansion Area No. 1 and
Expansion Area No. 2; and
• WHEREAS, Resolution No. 919 was further amended by Resolution No. 1058, adopted on
May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 3; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on
April 15, 1994; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on
July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding
Expansion Area No. 4; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on
July 18, 1997; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1545, adopted on
November 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 19, 1999 and said resolution expanded the Airport Economic Development Area by adding
Expansion Areas No. 6, 7, and 8; and
• WHEREAS, Resolution 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 on
October 20, 2000; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 1827, 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 No. 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, 2003 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 Economic Development Area by adding
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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. 9.19 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 No. 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 (the "Consolidated Area No. 1 ") into the Airport
Economic Development Area; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2352, adopted on
July 20, 2007; and
WHEREAS, 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. 23 82, adopted on
October 19, 2007; and
WHEREAS, Resolution No. 919 was further amended by Resolution No. 2450, adopted on
May 16, 2008; and
WHEREAS, 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 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, on January 15, 2010, the Commission authorized the Department to conduct
surveys and investigations and to thoroughly study the Airport Economic Development Area within
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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.
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,
I* 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 and
redevelopment of the property being added to the acquisition list is $275,000.00.
5. The Commission hereby determines that the Plan Amendment conforms to other
development and redevelopment plans for the City.
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6. The maps and plats of the Airport Economic 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 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,
10 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.
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ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on
March 21, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
tgn
David A. Varner Vice President
Printed Name and lit le
South Bend Redevelopment Commission
ATTEST:
ignature
Nancy N. King, Secretary
Printed Name and Tit e
South Bend Redevelopment Commission
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EXHIBIT A
TO
RESOLUTION NO.
AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA
DEVELOPMENT PLAN
A portion of the parcel located at 921 N. Bendix (Faith Apostolic Temple), South Bend, Indiana, and
more particularly described as follows:
LEGAL DESCRIPTION:
A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A
DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44
SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE
NORTHWEST INTERSECTION OF THE RIGHTS -OF -WAY OF BENDIX DRIVE AND
PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE
BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69, IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19
MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE
OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT -OF -WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC
ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68 -69,
IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27
SECONDS EAST (RECORD) ALONG SAID RIGHT -OF -WAY, A DISTANCE OF 452.46
FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN
INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID
RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE
NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT -OF -WAY,
A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL
DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF
SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A
DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED
IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID
RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A
DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS
EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT
NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE,
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL
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ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET
BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE
NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO
THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES,
MORE OR LESS.
SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF
RECORD.
THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S.,
#LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL
BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED.
ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED"
UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER.
OR