HomeMy WebLinkAboutNo. 1283 amending the SEDA development plan (Frank T. & Justine H. Polack)94324'75
RESOLUTION NO. 1283
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
r
WHEREAS, Resolution No. 1151 and the Sample -Ewing Development Plan
adopted by Declaratory 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, 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 Plan included lists indicating that certain parcels of property
within the Area were 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. 1207, as modified and confirmed by
Resolution No. 1222, 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 within the Area, including the cost of 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 19th day of
August, 1994, 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 C 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:
After considering the evidence presented at its meeting of August 19, 1994,
the Commission finds and determines that the additional properties, described
at Exhibit "B ", hereto, proposed to be acquired in the Sample -Ewing
Development Area, are needed for and will be useful in the implementation of
the Development Plan for the Sample -Ewing Development Area.
2. The Commission finds and determines that the amendment to the Development
Plan for the Sample -Ewing Development Area, which amendment adds to the
list of properties within the Area the parcels of property described at Exhibit
"B ", hereto, is reasonable and appropriate when considered in relation to
Resolution No. 1207, Resolution No. 1222 and the Development Plan for the
Sample -Ewing Development Area and the purposes of I. C. 36 -7 -14.
3. The Commission finds and determines that the Development Plan, with the
proposed amendment, conforms to the comprehensive plan of the City.
4. The Commission finds and determines that it will be of public utility and
benefit to proceed with the Development Plan for the Sample -Ewing
Development Area and that the public health and welfare will be benefitted by
the acquisition and redevelopment of the Sample -Ewing Development Area,
including the parcels of property described at Exhibit "B", hereto, as
contemplated by the amendment to the Development Plan.
5. The Commission finds and determines that to accomplish redevelopment of the
Area, it is necessary to acquire land within the Area as shown on Exhibit "B ",
attached hereto and incorporated herein.
6. It is estimated that the total cost of property acquisition and redevelopment
within the Area will be $25,200,000.00 and Resolution No. 1207, as modified
and confirmed by Resolution No. 1222, and the Plan are hereby amended to
reflect this estimate.
7. The Development Plan, as amended as shown on Exhibit "B", attached hereto,
is hereby in all respects approved.
8. The Secretary is hereby directed to file a certified copy of said Development
Plan, as amended, with the minutes of this meeting.
9. The Secretary is hereby directed to record this Resolution pursuant to the
requirements of I.C. 36- 7- 14- 17.5(g).
10. All other findings, determinations, and conclusions in Resolution No. 1207, as
modified and confirmed by Resolution No. 1222, shall remain as stated
therein.
11. 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 August 19, 1994, at 1308 County -City Building, 13th Floor, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
�• NO=
ML:res1283
CITY OF SOUTH BEND, INDIANA
DEPARTMENT OF REDEVELOPMENT
By: � J
PAULA N. AUBURN, PRESIDENT
RESOLUTION NO. 1283
ENH1131T 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 Northwesterly Right of Way line to a point which is 300 ft. more or less
South of the North Righ 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 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
j 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 1st
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
AWN Kendall Street; thence South along the West line of Kendall Street to the Northeast Comer 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 Comer 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 Comer 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 Comer 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 comer of Lot #103 in said
addition; thence North along the West line of said Lot to the Northwest Comer thereof; thence East
along the North line of said Lot (South line of Donald Street) to the Northwest Comer 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 Comer 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 Comer 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 Comer 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 Comer of Lot # 70 in said "OAK PARK
2nd ADDITION"; thence East along the South Right of Way line of Dubail Avenue to the
Northwest Comer of Lot #57 in said "OAK PARK 2nd ADDITION"; thence North to the
Southwest Comer 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 Comer of Lot #35 in the recorded plat of "WENGER & KRIEGHBALTM'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 comer 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;
co 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 comer of the Southeast Quarter of the Southwest
Quarter of said Section 16; thence West (along the present city limits) to the Northeast comer 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, 166.36 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 #12 in said plat; thence South 89- 51' -46" East, along the line between Lots
#12 & 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 290- 31' -40"
East, 912.61 feet to the point of beginning.
H. Douglas Peirce L.S.
Indiana Reg. # S 0318
ML:resl283
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SAMPLE -EWING DEVELOPMENT AREA DEVELOPMENT PLAN
RESOLUTION NO. 1283
EXHIBIT B
LIST OF PROPERTY TO BE ACQUIRED
Owner's Tax
Name Bey N ®her
Polack, Frank T. 18 7001 -0025
& Justine H. Polack
Polack, Frank T. 18 7002 -0094
& Justine H. Polack