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HomeMy WebLinkAboutNo. 1758 amending the SBCDA development plan0 RESOLUTION NO. 1758 0044 1 44 RECORDED ON 09 -19 -2000 9:00:01 RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMIfRI J. RETHLAKE JOSEPH COUNTY COMMISSION AMENDING THE SOUTH BEND CENTRAL RECORDER DEVELOPMENT AREA DEVELOPMENT PLAN. REC. FEE: 17.00 PAGES: 5 WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on May 10, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area to be a blighted area within the meaning of I.C. 36 -7 -14 ( "Act "); and WHEREAS, Resolution No. 737 and the South Bend Central Development Area Development Plan ( "Development Plan ") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and . WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed by Resolution No. 874, adopted on March 24, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adopted on October 27, 1989 and said resolution No. 893 expanded the South Bend Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3 and defined the South Bend Central Development Area as follows: 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: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of vacated Monroe Street; thence east along the said projected right -of -way line to the intersection with the east right -of -way line of Taylor Street said point also being the southwest corner of Lot 16, Block 7 of Vail's Southwest Addition to the City of South Bend; thence north along the said east right -of -way line to the intersection with the center line of the first 14 -foot, vacated, alley lying north of vacated Monroe Street; thence east along the said center line to a point on the said center line that is 93.00 feet west of the east right -of -way line of Williams Street; thence south parallel with the west right -of -way line of Williams Street, 114.00 feet; thence east 93.00 feet to a point on the east right -of -way line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 14, Block 8, of said Vail's Southwest Addition and the beginning of vacated Williams Street to the south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 14, Block 8; thence east along the south line of said Lot 14, Block 8, to the southwest corner of Lot 6, Block 8; thence southeasterly to a point on the east line of Lot 31 of said Vail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 31; thence south along the east line of Lot 31 to the north right -of -way line of vacated Monroe Street; thence east along the north right -of -way line of said vacated Monroe Street to its intersection with the southerly projection of the center line of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the center line of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of William Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the center line of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said center line, in certain places being sometimes known as St. James Court, to the north right -of -way line of LaSalle Street; thence east along said north right -of -way line to the west right -of -way line of Michigan Street; thence north along said west right -of -way line to the south right of way line of Madison Street; thence east along said south right of way line and its easterly projection to the center line of the St. Joseph River; thence meandering northeasterly and northwesterly along said center line to the westerly projection ofthe south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the center line of the first 14 foot alley lying west of Hill Street; thence south along said center line to the north right- of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the center line of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the center line of said alley to the center line of the first 14 foot alley lying north of Cedar Street; thence east along said center line to the center line of the first 14 foot alley lying east of Hill Street; thence south along said center line to the south right -of -way line of Jefferson Boulevard; thence east along said south right -of -way line to the east right -of -way line of St. Louis Boulevard; thence south along said east right -of -way line to the north right -of -way line of Wayne Street; thence east along said north right -of -way line to the east right -of -way line ofNotre Dame Avenue; thence south along said east right -of -way line to the east right -of -way line ofNorthside Boulevard; thence southeasterly along said east right -of -way line to the south right -of -way line of Sample Street; thence southwesterly along said south right -of -way line to the centerline of the St. Joseph River; thence meandering northwesterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right -of -way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27, 1990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1284 adopted on September 2, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted on December 19, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4 and defined the South Bend Central Development Area as follows: 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: Beginning at the point of intersection of the south right -of -way line of Sample Street with the west right -of -way line of Michigan Street; thence north along said west right -of -way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right -of -way; thence northwesterly along said northerly railroad right -of -way line to its intersection with the southerly projection of the west right -of -way line of Taylor Street; thence north along said west right -of -way line to its intersection with the westerly projection of the north right -of -way line of vacated Monroe Street; thence east along the said projected right -of- way line to the intersection with the east right -of -way line of Taylor Street said point also being the southwest corner of Lot 16, Block 7 of Vail's Southwest Addition to the City of South Bend; thence north along the said east right -of -way line to the intersection with the center line of the first 14 -foot, vacated, alley lying north of vacated Monroe Street; thence east along the said center line to a point on the said center line that is 93.00 feet west of the east right -of -way line of Williams Street; thence south parallel with the west right -of -way line of Williams Street, 114.00 feet; thence east 93.00 feet to a point on the east right -of -way line of Williams Street, said point being 8.00 feet south of the southwest corner of Lot 6, Block 8, of said Vail's Southwest Addition and the beginning of the vacated Williams Street to the south; thence north 8.00 feet along the east line of Williams Street to the said southwest corner of Lot 6, Block 8; thence east along the south line of said Lot 6, Block 8, to the southwest corner of Lot 6, Block 8; thence southeasterly to a point on the east line of Lot 31 of said Vail's Southwest Addition, said point being 25.00 feet north of the southeast corner of said Lot 3 l; thence south along the east line of Lot 31 to the north right -of -way line of vacated Monroe Street; thence east along the north right - of -way line of said vacated Monroe Street to its intersection with the southerly projection of the center line of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said projection and the center line of said 14 foot alley to the south right -of -way line of Washington Street; thence west along said south right -of -way line to the east right -of -way line of Williams Street; thence north along said east right -of -way line to the north right -of -way line of Colfax Avenue; thence east along said north right -of -way line to the center line of the first 14 foot alley lying west of Lafayette Boulevard; thence north along said center line, in certain places being sometimes known as St. James Court, to the north right -of -way line of La Salle Avenue; thence east along said north right -of -way line to the West right -of -way line of Lafayette Boulevard; thence North along the said West right -of -way line to the North right -of -way line of Park Lane projected West; thence East along said projected right -of -way line and the North right -of -way line of Park Lane to the East right -of -way line of Michigan Street; thence South along said East right -of -way line to the North right -of -way line of Bartlett Street; thence East along said North right -of -way line to the East right -of -way line of St. Joseph Street projected North; thence South along said projected line and the East right -of -way line of St. Joseph Street to the North right -of- way line of Marion Street; thence East along the said North right -of -way line and its projection to the East to the centerline of the St. Joseph River; thence meandering northeasterly and northwesterly along said center line to the westerly projection of the south right -of -way line of Corby Street; thence east along said projection and the south right -of -way line of said Corby Street to the center line of the first 14 foot alley lying west of Hill Street; thence south along said center line to the north right -of -way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right -of -way line of said Crescent Avenue with the center line of the first 14 foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the center line of said alley to the center line of the first 14 foot alley lying north of Cedar Street; thence east along said center line to the center line of the first 14 foot alley lying east of Hill Street; thence south along said center line to the south right -of -way line of Jefferson Boulevard; thence east along said south right -of -way line to the east right -of -way line of St. Louis Boulevard; thence south along said east right -of -way line to the north right -of -way line of Wayne Street; thence east along said north right -of -way line to the east right -of -way line of Notre Dame Avenue; thence south along said east right -of -way line to the east right -of -way line of Northside Boulevard; thence southeasterly along said east right -of -way line to the south right - of -way line of Sample Street; thence southwesterly along said south right -of -way line to the centerline of the St. Joseph River; thence meandering northwesterly along said centerline to the easterly projection of the southerly right -of -way line of Monroe Street; thence southwesterly along said projection and the southerly right -of -way line of Monroe Street to the easterly right - of -way line of Lincolnway East (U.S. Highway #933); thence southeasterly along said easterly right -of -way line to the south right -of -way line of Sample Street; thence west along said south right -of -way line to the place of beginning. 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 parcels of property to the list; 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 7th day of July 2000, at 10:00 a.m., Eastern Standard Time, at 1308 County -City Building, 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. To accomplish redevelopment of the Area it is necessary to acquire additional land within the Area as shown on page 22(R) of the Development Plan attached hereto and incorporated herein. 4. It is estimated that the cost of acquisition and redevelopment of the properties being added to the acquisition list is $1,000,000. The Development Plan is amended at page 22(R) as shown by the page attached hereto, 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. 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. 737, 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 regular meeting of the South Bend Redevelopment Commission held on July 7, 2000, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, INDIANA DEPARTMENT OF REDEVELOPMENT By: Robert W. Hunt, President ATTEST: Marcia Jones Res 1758 C Parcel Tax Key # C10 (partofparcel) 18- 3086 - 3472.01 CIO (part of parcel) 18- 3086 -3472 C7 -4 18- 3087 - 3473.01 C7 -3 (part of parcel) 18- 3087 - 3473.03 C7 -2 (part of parcel) 18- 3087 - 3473.02 E17 -05 18 -5038 -1349 0 EXHIBIT A RESOLUTION NO. 1758 Owner's Name U.S.A. Washington D.C. U.S.A. Washington D.C. Mary F. Coyne St. Joseph's Tower, Inc. St. Joseph's Care Group, Inc. Bert & Etta Liss - 22(R)- Address 424 S. Michigan (Vacant Lot) 424 S. Michigan Vacant Lot Between Western and Wayne 316 S. St. Joseph 320 S. St. Joseph 710 N. Niles Avenue 6/16/00 = a L 0550353 RECORDED OH 10/31/2005 04:09:29PH TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC FEE: $14.00 PAGES: 3 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) AFFIDAVIT OF SCRIVENER'S ERROR RESOLUTION NO. 1758 ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION ON JULY 7, 2000 Cheryl A. Greene, being first duly sworn upon her oath, deposes and states: 1. Affiant is an attorney at law and is duly admitted to practice law in the State of Indiana and she is presently Assistant Attorney for the City of South Bend, Indiana and serves as legal counsel to the South Bend Redevelopment Commission. 2. On July 7, 2000, the South Bend Redevelopment Commission held a Public Hearing on and considered Resolution No. 1758 amending the South Bend Central Development Area Development Plan by adding properties to the List of Properties to be Acquired. The List of Properties to be Acquired listed on Exhibit was described as follows: Exhibit A Parcel Tax Key # Owner's name Address C10 (part of parcel) 18- 3086 - 3472.01 U.S.A. Washington D.C. 424 S. Michigan (Vacant Lot) C 10 (part of parcel) 18- 3086 -3472 U.S.A. Washington D.C. 424 S. Michigan C7-4 18- 3087 - 3473.01 Mary F. Coyne Vacant Lot Between Western and Wayne C7 -3 (part of parcel) 18- 3087 - 3473.03 St. Joseph's Tower, Inc. 316 S. St. Joseph C7 -2 (part of parcel) 18- 3087 - 3473.02 St. Joseph's Care Group, 320 S. St. Joseph Inc. E17 -05 18 -5038 -1349 Bert & Etta Liss 710 N. Niles Avenue 3. During consideration of Resolution No. 1758, ExhibitA was amended to omit c A Parcel E17 -05, Tax Key # 18 -5038 -1349 from the List of Properties to be Acquired and Resolution No. 1758, as amended, was adopted at the July 7, 2000 South Bend Redevelopment Commission meeting. 4. It has subsequently been determined that Resolution No. 1758 as recorded was erroneous in that it did not included ExhibitA, as amended and that ExhibitA should have been recorded as follows: Exhibit A Parcel Tax Key # Owner's name Address C10 (part of parcel) 18- 3086 - 3472.01 U.S.A. Washington D.C. 424 S. Michigan (Vacant Lot) IL C10 (part of parcel) 18- 3086 -3472 U.S.A. Washington D.C. 424 S. Michigan C7-4 18- 3087 - 3473.01 Mary F. Coyne Vacant Lot Between Western and Wayne C7 -3 (part of parcel) 18- 3087 - 3473.03 St. Joseph's Tower, Inc. 316 S. St. Joseph C7 -2 (part of parcel) 18- 3087 - 3473.02 St. Joseph's Care Group, 320 S. St. Joseph Inc. 5. Additionally, the last WHEREAS clause of Resolution No. 1758 as recorded did not reflect that there were no remonstrances received and should be corrected to read as follows: WHEREAS, at the hearing held by the Commission on the 7th day ofJuly 2000, at 10:00 a.m., Eastern Standard Time, at 1308 County -City Building, South Bend, Indiana, the Commission heard all persons interested in the proceedings ' and received and considered 0 written remonstrances and objections and other such evidence presented. 6. The document which should be corrected as shown above is South Bend 14 A C� Redevelopment Commission Resolution No. 1978, dated July 7, 2000, and recorded on September 19, 2000, as Instrument No. 0044144 in the records of the St. Joseph County Recorder. Further Affiant sayeth not. Cheryl A. r ne, Assi t City Attorney STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Cheryl A. Greene, known to me to be the Assistant City Attorney for the City of South Bend, Indiana and acknowledged the execution of the foregoing Affidavit of Scrivener's Error in Resolution No. 1758 Exhibit A. IN WITNESS WHEREOF, I have hereunto subscribed my name and affive official seal on the 5W-day of f, e o ti,.- , 2005. ;` �, ... If Notary Public r Residing in St. Joseph County, IN My Commission Expires: CN�R` L K. Plotar,,r Pubft, Situ Of !nom County Of St..�'� MV Cow " W, ' C, 11,137/2001 This instrument was prepared by Cheryl A. Greene, Attorney at Law, 1400 County-City Building, South Bend, IN 46601.