HomeMy WebLinkAboutNo. 1831 amending the Sample-Ewing Development Plan (Resolution No. 1795)dl !4-
RESOLUTION NO. 1831
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION AMENDING THE SAMPLE -EWING 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.C. 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 amended by Resolution No. 1283, adopted August
19, 1994; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1294, adopted
November 4, 1994; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1305, adopted
January 4, 1995; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1342, adopted
May 19,1995; and
WHEREAS, Resolution No. 1207 was amended by Substitute Resolution No. 1423,
adopted May 3, 1996; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1550, adopted
November 21. 1997; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1574, adopted
February 20, 1998; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1741, adopted
March 3, 2000; and
WHEREAS, Resolution No. 1207 was amended by Resolution No. 1749, adopted
May 19, 2000; and
WHEREAS, Resolution No. 1749 was amended by Resolution No. 1795, adopted
October 20, 2000; 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 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. 1283, as modified and confirmed by Resolution No. 1294,
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 20`h day of April, 2001 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 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 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. 1222, 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 a meeting of the South Bend Redevelopment Commission held on
April 20, 2001, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN
46601.
kv CITY OF SOUTH BEND, INDIANA
DEP NT OF RE EVELOPMENT
Robert W. Hunt, President
ATTEST:
Philip J. F ce ecretary
or
Marcia Jones, Vice President
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RESOLUTION NO. 1795
EXHIBIT A
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 1 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
IL Northwesterly Right of Way line to a point which is-3 00 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
corner common to said Sections 16 and 21; thence East along the South line of said Section 16 to
kv 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 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 Corner of Lot # 52 in the
recorded plat of "PRAIRIE AVENUE LAND CO'S 1 st 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 #10' ) 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 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
South«est 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 Auditor's 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, 16636 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 412 in said plat; thence South 89- 51' -46" East, along the line between Lots
412 & 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 29o- 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. 1831
EXHIBIT B
Property Owner
Jay Robert Huckins
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LIST OF PROPERTIES TO BE ACQUIRED
Tax Key Number
18- 8021- 0849.03
Description
1010 Prairie Avenue
(Former Huckins Tool & Die)