HomeMy WebLinkAboutNo. 1284 amending the SBCDA development plan (Design Packaging, Inc., 600 N. Niles Ave.)94337054
RESOLUTION NO. 1284
FILE # .
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RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMUT? 2 42
COMMISSION AMENDING THE SOUTH BEND CENTRAL S T *, , 17,
DEVELOPMENT AREA DEVELOPMENT PLAN.
FELL 'si i;'EL"0RD
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.-
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Sample Street with the west right -of- -way line of Michigan Street; -'
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thence north along said west right -of -way line of Michigan Street to
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its intersection with the northerly line of the Conrail Railroad
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(formerly Penn Central right-of-way; thence northwesterly along sai' °
northerly railroad right -of -way line to its intersection with the C ;
southerly projection of the west right -of -way line of Taylor Street; °
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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
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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 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;
1P. 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 on July 27, 1990; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 on
October 11, 1991; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 on
July 24, 2992; and
WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 on
January 4, 1994; 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 a parcel 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 2nd day of September
1994 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 _I- written remonstranco)and objectioro) 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. After considering the evidence presented at its meeting of September 2, 1994, the
Commission finds and determines that the additional property described at Exhibit
"A ", hereto, proposed to be acquired in the South Bend Central Development Area,
is needed for and will be useful in the implementation of the Development Plan for
the South Bend Central Development Area.
2. The Commission finds and determines that the amendment to the Development Plan
for the South Bend Central Development Area, which amendment adds to the list of
properties within the Area the parcel of property described at Exhibit "A ", hereto, is
reasonable and appropriate when considered in relation to Resolution No. 757, as
amended, and the Development Plan for the South Bend Central Development Area
and the purposes of I.C. 36.7.14.
}
3. The Commission finds that the Development Plan, with the proposed amendment,
conforms to the comprehensive plan of the City.
4. To accomplish redevelopment of the Area it is necessary to acquire additional land
within the Area as shown on page 22L of the Development Plan attached hereto as
Exhibit "A" and incorporated herein.
5. It is estimated that the cost of acquisition and redevelopment of the property being
added to the acquisition list is $16,450.00.
6. The Development Plan is amended at page 22L as shown by the page attached
hereto as Exhibit "A", and is hereby in all respects approved.
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 Secretary is directed to record this resolution pursuant to the requirements of
I.C. 36-7-14-17.5(g).
9. All other findings, determinations, and conclusions in Resolution No. 737, as
amended, shall remain as stated therein.
10. 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 September 2,
1994, at the Office of the Commission, 1308 County -City Building, 227 West Jefferson
Boulevard, South Bend, IN 46601.
ATTEST:
Theo F. Sharp, Secre
Res1284
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
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By: Paula N. Auburn, President
EXIIIBIT A
RESOLUTION NO. 1284
To Be
Acquired
Parcel Owner's Name (Sq. Ft.)
Easement on Azar, Inc. /CharKing, Inc. 4,818
EM
Certain easement rights pertaining to a parcel of real estate situated
in St. Joseph County, Indiana, described as parcel C, below:
A portion of a - parking easement
recorded in book 815 page 113 of the St. Joseph County Recorder's
Office, South Bend, Indiana. This is a non - exclusive easement
affecting property located at 322 E. Colfax Avenue. The subject
property is commonly known as the Stephenson Mill property and is
owned by the City of South Bend. The beneficiary of the easement
rights to be appraised is the Char -Ring, Inc. /Wharf Restaurant
property located at 320 E. Colfax Avenue, South Bend, Indiana.
The easement is a non- exclusive parking easement benefiting the
Wharf Restaurant for its use between the hours of 5:00 p.m. and
2:00 a.m., Monday through Saturday and from 12:00 a.m. to 12:00
p.m. on Sundays. The non - exclusive parking easement does not
prohibit parking by the owner's of the real estate, in other
words, parking between the hours previously stated is on a first
come first served basis for the property owner and the
beneficiary of the easement. The subject of this appraisal
assignment has further been defined as three described easement
areas. Easement A is the original easement containing .1512
acres of land area surfaced with older asphalt paving and
accommodating sixteen parking spaces according to the
appraiser's calculations. Easement B is the proposed new
easement containing .0406 acres of land area which is currently
being improved with asphalt paving, drywells, concrete curbing,
landscaping, lighting, and which will accommodate ten parking
spaces. Easement C is described as Parcel A minus Parcel B
containing .1106 acres surfaced with older asphalt paving and
accommodating six parking spaces according to the appraiser's
calculations. In essence, Parcel C represents the reduction in
easement area to the beneficiary which is the Wharf Restaurant.
LEGAL DESCRIPTION
A legal description of the subject easement area has been
prepared by Peirce & Associates Land Surveyors, South Bend,
Indiana as job #941724, dated August 18, 1994.
Parcel A is described as:
Beginning at a point on the south line of Colfax Avenue,
374.78' west of the west line of Niles Avenue, said
south line of Colfax Avenue having an assumed bearing of
N 90 degrees 00'00" E (due east and west); thence south
00 degrees 56'00" E a distance of 188.201; thence east
351; thence north 00 degrees 5610" west 188.201; thence
west 35' to the point of beginning containing 0.1512
acres.
Parcel B is described as:
That part of Lot #2 of the recorded plat of "Opelika
Minor Subdivision" recorded by document #9341067 in the
records of the St. Joseph County, Indiana Recorder's
Office and being more particularly described as:
Beginning at a point which south 89 degrees 54100' east,
12.01' and south 00 degrees 56155" east, 18.001; from
the northwest corner of said Lot; thence south 89
degrees 54100" east, 19.00'; thence south 00 degrees
56155" east, 93.00'; thence north 89 degrees 54'00"
west, 19.001; thence north 00 degrees 56'55" west,
93.00' to the Point of Beginning.
Parcel C is described as:
Parcel A minus Parcel B, containing .1106 acres.
-22L- 9/2/94
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RESOLUTION NO. 1205
To Be
Acquired
Address Parcel Owner's Name (Sq. Ft.)
600 N. Niles Ave. E17-6 Design Packaging Inc. 1.5 Acres Land
Key #18 -5038 -1350 22,641 s.L Building
-22L- 1/4/94
EXi1BIT A
RESOLUTION NO. 1284
To Be
Acquired
pmj Owner's Name (Sq. Ft.)
Basement on Azar, Inc. /Cbaffing, Inc. 4,818
83-1
Certain easement rights pertaining to a parcel of real estate situated
in St. Joseph County, Indiana, described as parcel C, below:
LEGAL DESCRIPTION
A legal description of the subject easement area has been
prepared by Peirce 6 Associates Land Surveyors, South Bend,
Indiana as job #941724, dated August 18, 1994.
Parcel A is described as:
Beginning at a point on the south line of Colfax Avenue,
374.78' west of the west line of Niles Avenue, said
south line of Colfax Avenue having an assumed bearing of
N 90 degrees 00'00" E (due east and west); thence south
00 degrees 56'00" E a distance of 188.201; thence east
35'; thence north 00 degrees 5610" west 188.201; thence
west 35' to the point of beginning containing 0.1512
acres.
Parcel B is described as:
That part of Lot #2 of the recorded plat of "Opelika
Minor Subdivision" recorded by document #9341067 in the
records of the St. Joseph County, Indiana Recorder's
Office and being more particularly described as:
Beginning at a point which south 89 degrees 54'00' east,
12.01' and south 00 degrees 56155" east, 18.001; from
the northwest corner of said Lot; thence south 89
degrees 54'00" east, 19.00'; thence south 00 degrees
56155" east, 93.00'; thence north 89 degrees 54'00"
west, 19.001; thence north 00 degrees 56155" west,
93.00' to the Point of Beginning.
Parcel C is described as:
Parcel A minus Parcel B, containing .1106 acres.
-22L- 9/2/94
A portion of a _ parking easement
recorded in book 815 page 113 of the St. Joseph County Recorder's
Office South Bend, Indiana. This is a non- exclusive easement
affecting property located at 322 E. Colfax Avenue. The subject
property is commonly known as the Stephenson Mill property and is
owned by the City of South Bend. The beneficiary of the easement
rights to be appraised is the Char -Ring, Inc. /Wharf Restaurant
property located at 320 E. Colfax Avenue, South Bend, Indiana.
The easement is a non - exclusive parking easement benefiting the
Wharf Restaurant for its use between the hours of 5:00 p.m. and
2:00 a.m., Monday through Saturday and from 12:00 a.m. to 12:00
p.m. on Sundays. The non- exclusive parking easement does not
prohibit parking by the owner's of the real estate, in other
words, parking between the hours previously stated is on a first
come first served basis for the property owner and the
beneficiary of the easement. The subject of this appraisal
assignment has further been defined as three described easement
areas. Easement A is the original easement containing .1512
acres of land area surfaced with older asphalt paving and
Aft
accommodating sixteen parking spaces according to the
appraiser's calculations. Easement B is the proposed new
easement containing .0406 acres of land area which is currently
being improved with asphalt paving, drywells, concrete curbing,
landscaping, lighting, abd which will accommodate ten parking
spaces. Easement C is described as Parcel A minus Parcel B
containing .1106 acres surfaced with older asphalt paving and
accommodating six parkinIg spaces according to the appraiser's
calculations. In essence, Parcel C represents the reduction in
easement area to the beneficiary which is the Wharf Restaurant.
LEGAL DESCRIPTION
A legal description of the subject easement area has been
prepared by Peirce 6 Associates Land Surveyors, South Bend,
Indiana as job #941724, dated August 18, 1994.
Parcel A is described as:
Beginning at a point on the south line of Colfax Avenue,
374.78' west of the west line of Niles Avenue, said
south line of Colfax Avenue having an assumed bearing of
N 90 degrees 00'00" E (due east and west); thence south
00 degrees 56'00" E a distance of 188.201; thence east
35'; thence north 00 degrees 5610" west 188.201; thence
west 35' to the point of beginning containing 0.1512
acres.
Parcel B is described as:
That part of Lot #2 of the recorded plat of "Opelika
Minor Subdivision" recorded by document #9341067 in the
records of the St. Joseph County, Indiana Recorder's
Office and being more particularly described as:
Beginning at a point which south 89 degrees 54'00' east,
12.01' and south 00 degrees 56155" east, 18.001; from
the northwest corner of said Lot; thence south 89
degrees 54'00" east, 19.00'; thence south 00 degrees
56155" east, 93.00'; thence north 89 degrees 54'00"
west, 19.001; thence north 00 degrees 56155" west,
93.00' to the Point of Beginning.
Parcel C is described as:
Parcel A minus Parcel B, containing .1106 acres.
-22L- 9/2/94