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Home My WebLink AboutNo. 2073 approving an amendment to the SSDA of the COSB and related matters�� It ` Q-1 ?' 1 1 i RECORDED ON 02/17/2005 04:24:37f' TERRA J. RETHLAKE RESOLUTION N0.2073 5T. JDSEPH COUNTY RECORDER REC FEE: $17.00 RESOLUTION OF THE SOUTH BEND REDEVELOPMMW : 3 COMMISSION APPROVING OF AN AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA OF THE CITY OF SOUTH BEND, INDIANA, AND RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the City of South Bend, Indiana, Redevelopment District and the City of South Bend, Indiana, Department of Redevelopment, did, on November 1, 2002, adopt Resolution No. 1914 (the "Declaratory Resolution ") declaring the South Side Development Area (the "Area ") to be a blighted area within the meaning of Ind. Code § 36 -7 -14 (the "Act "), and approving a Redevelopment Plan for the Area (the "Plan ") pursuant to the Act; and WHEREAS, the Declaratory Resolution was confirmed by the Commission on December 20, 2002; and WHEREAS, pursuant to the Declaratory Resolution, the Commission designated an allocation area for purposes of Section 39 of the Act which allocation area is known as Allocation Area No. 1 ( "Allocation Area No. V) for purposes of tax increment financing ( "7117") pursuant to the Act and which is described as set forth in the Declaratory Resolution; and WHEREAS, Section 17.5 of the Act and Section 39.1 of the Act provide the means for approving amendments to the Plan; and WHEREAS, there has been proposed to the Commission by Anchor Acquisitions, Ltd. a project involving the construction of a significant commercial and retail center at or about the southwest corner of the intersection of Ireland and Michigan Streets in the Area (the "Project "); and WHEREAS, Section 39 of the Act has been enacted to permit the creation of allocation areas within a redevelopment area to provide for the allocation and distribution, as provided in the Act, of the proceeds of taxes levied on property situated in an allocation area, and the Commission desires to create a separate allocation area within the Area described at Exhibit A attached hereto and incorporated herein (the "Allocation Area No. 2 ") for the purpose of accounting for the TIF revenues produced as a result of the Project in the Area separately (the "Project Tax Increment Revenues ") and to amend the Plan accordingly to include certain local public improvements including roadway and related infrastructure improvements to Ireland and Michigan Streets; and WHEREAS, the Commission has complied with the notice provisions of Section 17.5(a) of the Act; and SBIMAN 1 188221v2 14 WHEREAS, at the hearing held by the Commission on the 271h day of July, 2004, at 8:00 a.m., at the office of the Commission located at Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, the Commission heard all persons interested in the proceedings relating to the amendment of the Plan and the designation of Allocation Area No. 2 as a separate allocation area and received L% written remonstrances and objections, if any, and such other evidence presented; NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, governing body of the City of South Bend, Indiana, Redevelopment District and the City of South Bend, Indiana, Department of Redevelopment: 1. The Commission finds that designating Allocation Area No. 2 as an allocation area for purposes of Section 39 of the Act and amending the Plan as described herein, are reasonable and appropriate when considered in relation to the Plan and purposes of the Act. 2. The Commission finds that the actions being taken in this Resolution, including the amending of the Plan as described herein, conform to the comprehensive plan of the City. 3. The Commission hereby finds and determines that for purposes of the allocation provisions of Section 39 of the Act, the Allocation Area No. 2 shall constitute an allocation area for purposes of the Act and this Resolution to separately account for the Project Tax Increment Revenues. The base assessed value, as described in the Declaratory Resolution, shall not change as a result of this amendment. 4. The Commission hereby approves of the amending of the Plan to include in the Plan certain roadway and related infrastructure projects to Ireland and Michigan Streets to facilitate the Project. The President is hereby authorized to approve of the changes to the Plan to effect the amendment approved herein. 5. The Secretary is hereby directed to file a certified copy of the Plan, as amended, with the minutes of this meeting. 6. The Secretary is directed to record this Resolution pursuant to the requirements of Ind. Code § 36- 7- 14- 17.5(g). 7. This Resolution shall be in full force and effect after its adoption by the Commission. -2- SBIMAN 1 188221v2 (w Adopted at a meeting of the South Bend Redevelopment Commission held on July 27, 2004, at the Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. SOUTH BEND REDEVELOPMENT COMMISSION B y: President ATTEST: SB IMAN 1 188221v2 -3- EXHIBIT A Allocation Area No. 2 is generally between U.S. 31 on the east, Ireland Road on the north, the U.S. 20 Bypass on the south and on the west by a north/south line running approximatly three hundred fifty feet (350') east of the eastern edge of Bumette Drive and extending from the southern edge of Ireland Road to the northern edge of the U.S. 20 Bypass, and is more particularly described as follows: Tax Key No. 23 1030 1601, more particularly described as 50' W SIDE MICH BEG 290.16' S OF CAL IRELAND RD SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 160001, more particularly described as IRR TR SW COR IRELAND & U S 31 SEC 25 37 2E; Tax Key No. 23 1030 160002, more particularly described as LOT 1 MAIN & IRELAND RD MINOR SUB SW 1/a SEC 25 37 2E; Tax Key No. 23 1030 1602, more particularly described as 50' x 282' W SIDE OF MICH BEG 340.16' S OF CAL IRELAND RD SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 1603, more particularly described as 100' W SIDE MICH RD BEG 390.16' S OF CA- IRELAND RD SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 1604, more particularly described as 70' x 189.93' W SIDE MICH RD BEG 490.16' S OF C/L IRELAND SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 1605, more particularly described as LOT 5 -6 AUTENS PRO SUB 25 37 2E; Tax Key No. 23 1030 1606, more particularly described as 55' W SIDE MICH RD BEG 560.16' S OF CAL IRELAND SW 1/ SEC 25 -37 -2E PT TO STATE SEC 27- 37 -2E; Tax Key No. 23 1030 1607, more particularly described as 50' X 145' W SIDE MICH RD BEG 610.16' S OF CAL IRELAND SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 1608, more particularly described as PT LOTS 1 & 2 & E PT VAC AUTEN ST PLEASANT VIEW MANOR; Tax Key No. 23 1030 1609, more particularly described as LOT 20 EX PT TO STATE PLEASANT VIEW MANOR ADD SEC 25- 37 -2E; Tax Key No. 23 1030 1610, more particularly described as LOT 21 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1611, more particularly described as LOT 22 PLEASANT VIEW MANOR & 21.05 X 30' REM PT OF VAC AUTEN S; Tax Key No. 23 1030 1612, more particularly described as LOT 37 LOC W OF MAIN ON S SIDE HOOVER ON LAFAYETTE PLEASANT VIEW MANOR SEC 25- 37-2E; Tax Key No. 23 1030 1613, more particularly described as LOT 25 PLEASANT VIEW; Tax Key No. 23 1030 1614, more particularly described as LOT 38 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1615, more particularly described as LOTS 24 & 39 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1617, more particularly described as LOTS 40 & 23 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1619, more particularly described as LOT 11 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1620, more particularly described as LOT 10 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1621, more particularly described as LOT 9 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1622, more particularly described as LOT 8 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1623, more particularly described as LOT 7 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1624, more particularly described as 90' X 300' ON MAIN ST BEG 396' S OF NW COR SW 1/ SEC 25- 37 -2E; Tax Key No. 23 1030 1625, more particularly described as LOT 2 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1626, more particularly described as LOT 1 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1627, more particularly described as 150' x 240' NE COR SBIMANI 188221v2 -4 I SE 1 -4 SEC 26- 37 -2E; Tax Key No. 23 1030 1628, more particularly described as IRR. TR. BEG 150' W OF NE COR SE 1 -4 23.87 AC. SEC. 26- 37 -2E; Tax Key No. 23 1030 1629, more particularly described as 200' X 435.6' ON IRELAND RD. BEG. 807.9' W OF NE COR SE 1 -4 2 ACRES SEC. 26- 37 -2E; Tax Key No. 23 1030 1630, more particularly described as 200 FT S SIDE IRELAND RD. X 1090 FT BEG. 1595.42 FT E OF NW COR SE 5.005 AC. SEC. 26-37 - 2E; Tax Key No. 23 1030 1632, more particularly described as 420' ON IRELAND X 1609.5' BEG 1175.42'E NW COR SE 1/4 SEC 26 37 2E EX PT TO STATE 13.735A; Tax Key No. 23 1030 1633, more particularly described as 135.32' X 1609.5' NW 1/4 SE 1/4 EX PT TO STATE 3.36 AC SEC 26 37 2E. -5- SB MIAN 1 188221v2