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Home My WebLink AboutNo. 2096 approving an amendment to the SSDA of the COSB and related mattersRESOLUTION NO. a0 `l6 +:11Nt "IK s3 U. F 49/15/2004 09:07:07AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $15.00 PAGES: 4 N�'Wlg RESOLUTION OF THE SOUTH BEND REDEVELOPMENT 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 ( "TIF ") pursuant to the Act and which is described as set forth in the Declaratory Resolution; and WHEREAS, the Commission did, on July 27, 2004, adopt Resolution No. 2073 amending the Declaratory Resolution to create a separate allocation area within the Area known as Allocation Area No. 2 and to amend the Plan to provide for certain local public improvements on Ireland Road and Michigan Street, all in accordance with the Act; and WHEREAS, there has been proposed to the Commission by KSK- Scottsdale Mall. L.P. a project involving the development and construction of a 400,000 - 500,000 square foot retail power center having a village concept at or about the southeast corner of the intersection of Ireland Road and Miami Street in the Area (the "Project "); 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, 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. 3 ") 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 ILpublic improvements to facilitate the Project; and SBIMANI 192249v1 (00� WHEREAS, the Commission has complied with the notice provisions of Section 17.5(a) of the Act; and WHEREAS, at the hearing held by the Commission on the 13`h day of September, 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. 3 as a separate allocation area and received 0 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. 3 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 rP u oses of the P allocation provisions of Section 39 of the Act, the Allocation Area No. 3 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 local public improvements to facilitate the Project. The President is hereby authorized to approve of the changes to the Plan to effect the amendment approved herein. 5. There is hereby created and established the Allocation Area No. 3 Fund (the "Allocation Fund "), and the Project Tax Increment Revenues received by the Commission shall be deposited into the Allocation Fund. 6. The Secretary is hereby directed to file a certified copy of the Plan, as amended, with the minutes of this meeting. 7. The Secretary is directed to record this Resolution pursuant to the requirements of Ind. Code § 36- 7- 14- 17.5(g). 8. This Resolution shall be in full force and effect after its adoption by the Commission. -2- SBIMANI 192249v1 1 tw� Adopted at a meeting of the South Bend Redevelopment Commission held on September 13, 2004, at the Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. 21 SOUTH BEND REDEVELOPMENT COMMISSION By: President ATTEST: W -3- SBIMANI 1922490 Resolution No. 2096 EXHIBIT A Allocation Area No. 3 is generally between Miami Street on the west, Ireland Road on the north, the U.S. 20 Bypass on the south and the west boundary of Scottsdale Addition "A" on the east, and is more particularly described as follows: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 30; THENCE SOUTH 89 DEGREES 55 MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH WEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, A DISTANCE OF 1852.44 FEET, TO A POINT ON THE WEST LINE OF SCOTTSDALE ADDITION SECTION `A' PROJECTED, RECORDED IN BOOK 21 PAGE S -1, AS FOUND IN THE OFFICE OF THE RECORD OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 DEGREES 13 MINUTES 05 SECONDS WEST ALONG THE WEST LINE OF SAID SCOTTSDALE ADDITION SECTION `A', A DISTANCE OF 1020.04 FEET; THENCE SOUTH 00 DEGREES 58 MINUTES 09 SECONDS EAST, A DISTANCE OF 155.89 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF ST. JOSEPH VALLEY PARKWAY (US 20 BY- PASS); THENCE CONTINUING ON SAID RIGHT OF WAY LINE FOR THE NEXT EIGHT CALLS, 1) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS WEST, A DISTANCE OF 935.61 FEET; 2) SOUTH 73 DEGREES 43 MINUTES 59 SECONDS WEST, A DISTANCE OF 200.91 FEET; 3) SOUTH 70 DEGREES 28 MINUTES 45 SECONDS WEST, A DISTANCE OF 45.77 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 1799.86 FEET, A CENTRAL ANGLE OF 06 DEGREES 07 MINUTES 22 SECONDS, AND A CHORD OF 192.25 FEET, BEARING SOUTH 73 DEGREES 31 MINUTES 46 SECONDS WEST 4) ALONG SAID CURVE A DISTANCE OF 192.34 FEET; 5) NORTH 13 DEGREES 26 MINUTES 21 SECONDS WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 1759.86 FEET, A CENTRAL ANGLE OF 10 DEGREES 41 MINUTES 24 SECONDS, AND A CHORD OF 327.87 FEET, BEARING SOUTH 81 DEGREES 52 MINUTES 49 SECONDS WEST 6) ALONG SAID CURVE A DISTANCE OF 328.35 FEET; 7) SOUTH 02 DEGREES 48 MINUTES 17 SECONDS EAST, A DISTANCE OF 40.08 FEET; 8) SOUTH 81 DEGREES 57 MINUTES 28 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 1697.57 FEET TO THE POINT OF BEGINNING. -4- SBIMANI 1922490 approved 9/13/04