The URL can be used to link to this page

Home My WebLink AboutNo. 1232 amending declaration of protective and restrictive covenants of the Blackthorn Corporate Center and Blackthorn Corporate Center Development Guidelines9410875 _ RESOLUTION NO. 1232 �o u A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS OF THE BLACKTHORN CORPORATE CikEle- AND BLACKTHORN CORPORATE CENTER DEVELOPMENT GUIDEL=S WHEREAS, the South Bend Redevelopment Authority (the "Authority ") is the owner of certain real property situated in northwest St. Joseph County, Indiana, commonly known as the Blackthorn Corporate Center; and WHEREAS, the South Bend Redevelopment Commission ( "Commi.ssion ") is Lessor of said real property, more commonly known as the Blackthorn Corporate Center; and WHEREAS, the Authority, in conjunction with the South Bend Redevelopment Commission, intends to develop the Blackthorn Corporate Center as a first - class, planned business campus., composed of corporate office; support office and research, and general business uses and associated facilities; and WHEREAS, to ensure that Blackthorn Corporate Center will be maintained as an attractive campus -like setting for businesses, with ample landscaped areas, attractive high quality structures, proper and desirable uses, and appropriate development; to protect against undesirable uses, to guard against the construction of improvements built of improper materials or design; to encourage the construction of attractive improvements in appropriate locations; to prevent hazardous and inharmonious development of the Blackthorn Corporate Center; to secure and maintain proper setbacks and adequate free spaces between structures; and generally to provide a high type and quality of development at the Blackthorn Corporate Center, the Authority and Commission have prepared or caused to be prepared and by Resolution No. 1147, approved by the Commission on March 19, 1993, and by Resolution No. 73, approved by the Authority on March 1.8, 1993, adopted "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center" and "Blackthorn Corporate Center Development Guidelines "; and WHEREAS, the Commission and Authority wish to amend the "Declaration of Protective and Restrictive Covenants of the Blacktharn Corporate Center" and "Blackthorn Corporate Center Development Guidelines" as. indicated by the Addendum attached. hereto. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center" approved and adopted by the Commission by its Resolution No. 1147 adopted March 19, 1993, shall be and hereby are amended to apply to the real property described at Exhibit "A" hereto. 2. The "Blackthorn Corporate Center Development Guidelines" approved by the Commission by its Resolution.No. 1147 adopted March 19, 1993, shall be and hereby are amended to apply to the real property described at Exhibit "A" hereto. 3. The Addendum to "Declarations of Protective and Restrictive Covenants of Blackthorn Corporate Center," attached hereto as Exhibit "B," reflecting said amendment shall be and hereby is approved and ordered executed and attested to by the Commission President and Secretary, respectively. 4. The Secretary of the Commission is hereby directed to record in the Office of the St. Joseph County Recorder a copy of Kj this Resolution, along with all attachments and a copy of any resolution concerning the same approved by the South Bend Redevelopment Authority. This resolution shall be in full force and effect from and after its adoption. Adopted at the regular meeting of the South Bend Redevelopment Commission held February 18, 1994, at 10:00 a.m., 1308 County -City Building, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT COMMISSION ) %�)) / Li C50, � U . ILI � Paula N. Auburn, President WVWQ *_W Theo F. Sharp ;WWI RESO2 /R- COVENANT South Bend Redevelopment Commission R€ solution No. 1232 Exhibit "A" DESCRIP 114N LOT NO. 3 A part of the Southwest Quarter (S4714) of Section 20 and o part of the Northwest Quarter (NW714) of Section 29, al/ located in Township ,38 North, Range 2 East, German Township, St. Joseph County, Indiana, more porticulody described as follows: Commencing at the southwest corner of the Southwest Quarter (SW7 14) of said Section 20, also being the northwest comer of the Northwest Quarter (NW1 14) of said Section 29; thence South 89' 27' 09" East a distance of 848.77 feet along the south line of the Southwest Quarter (SWl 14) of Section 20, also being the north line of the Northwest Quarter (NWl 14) of Section 29, thence South 00' 1 i 19" West 45.00 feet to a point which is 45 feet south of the north line of the Northwest Quarter (NW714) Section 29, said line also being the centerline of Old Cleveland Road, to the Point of Beginning of this description; thence South 6.3' 27' 49" West a distance of J1500 feet; thence North J38' 59' 52" West a distance of .375.00 feet to the southeast right of way line of Nimtz Parkway, also being the point of curvature of o nontcngent curve to the left having a radius of 790.00 feet, on internal angle of 31 ' 35' 05" and subtended by a long chord having a bearing of North 39' 56' 30" East a chord length of 4,30.00 feet; thence northeasterly a distance of 4.35.49 feet along said southeast right of way line of Nimtz Parkway, also along said curve to the point of tangency of said curve; thence South 57' .3,3' 26" East a distance of 288..39 feet, thence South 00' 17' 19" West a distance of ,325.68 feet to the Point of Beginning and containing 4.46.3 acres, more or less Said parcel of ground is subject to all easements of record. South Bend RedeveloFcnent Camission Resolution No. 1232 Exhibit "B" Addendum to the Declaration of Protective Covenants & Restrictions of Blackthorn Corporate Center This Addendum is made this 18th day of February, 1994, jointly and severally as Declarant, by the SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION; WITNESSETH: The SOUTH BEND REDEVELOPMENT AUTHORITY, through its Resolution No. 73 (and recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9322505) jointly with the SOUTH BEND REDEVELOPMENT COMMISSION, through its Resolution No. 1147 (and recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No. 9324608) made the Declaration of Protective Covenants and Restrictions of Blackthorn Corporate Center ( "Covenants "). Pursuant to Section 12.1 of the Covenants, as the Declarant, the SOUTH BEND REDEVELOPMENT AUTHORITY, jointly and severally with the SOUTH BEND REDEVELOPMENT COMMISSION, hereby amends said Covenants as follows: 1. Article IV - Use Restrictions shall be amended as follows: 4.4 Permitted Uses. For the purposes of setting forth the permitted and prohibited uses of Blackthorn, Declarant has divided the permitted uses into thfee four use categories, designated as (A) "Corporate Office ", IB) "Support Office /Research ", and (C) "General Business ", and (D) "Hotel." 4.7 Description of Uses The following describes each of the thfee four use categories. Parking structures are excluded from the calculation of the total gross floor area of a building. 4.7.4 Hotel The use of the Lot designated "Hotel" is limited to hotel or motel Buildings. Other hospitality uses, such as; health, recreational and athletic clubs and facilities, restaurants and lounges, and retail are permitted uses as part of a permitted hotel er motel Building. 2. Exhibit "A" shall be amended to included a legal description to property described as Lot 3 of Blackthorn Corporate Center and to alter the map titled "Blackthorn Corporate Center" by designating Lot 3 as a part of Blackthorn. The attached Exhibit "A" includes said legal description and altered map. 3. Exhibit "B" shall be amended to alter the map titled "Use Designation" to designate Lot 3 of Blackthorn as a "Hotel" use. The attached Exhibit "B" includes such altered map. The SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION acknowledge and agree that all remaining covenants and restrictions, as set forth in the Covenants shall remain in full force and effect. South Bend Redevelopment Camnission Resolution No. 1232 Exhibit "B" — con't IN WITNESS WHEREOF, the parties have caused this Addendum to the Covenants to be executed on the day and year first written above. For the Declarant SOUTH BEND REDEVELOPMENT AUTHORITY J s h Wroilewski, President Attest: c Andre Gammage, Secretary For the Declarant SOUT , Q B,ENDREDEV�ELO /PMENT COMMISSION C , !y Paula N. Auburn, President Attest Theo F Sharp, Secretary State of Indiana 1 1 SS.• St. Joseph County 1 Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South CAI, Bed Redevelopment Authority, by Joseph Wroblewski and Andre Gammage, President and Secretary, �' �Y. '• :'%spective /y, and acknowledged the execution of the forgoing Addendum. '; °; .� •� A n i It w t Jqb /TNESS WHEREOF, l have hereunto subscribed my name and affixed my official sea/ on the T r "aay of ' �, 1994. ��'� tiy, • • • Notary Public Residing in St. Joseph Co , /ndiana Commission Expires: / Q s State of Indiana 1 1 SS.• St. Joseph County Before me the undersigned, a Notary Public, in and for said County and State, personally appeared the South Bed Redevelopment Commission, by Paula N. Auburn and Theo F Sharp, President and Secretary, respectively, and acknowledged the execution of the forgoing Addendum. ••••••� IN WITNESS WHEREOF, / have hereunto subscribed my name and affixed my official sea/ on the ti* -day of y4i • 'N .0 1994. y A y� i s • + y i Notary Public _ ° ' 2 Residing in St. Joseph Cou /ndiana Commission Expires. South Bend Redevelopment Ccritnission Resolution No. 1232 Exhibit "B" - con't EXHIBIT "A" BLACKTHORN CORPORATE CENTER I -80/90 Toll Road Blackthorn Corporate Center - Covenants & Aeshidions 21104 Y South Bend Redevelopment Commission Resolution No. 1232 Exhibit "B" - con't DESCRIP LION LOT NO. 3 A port of the Southwest Quarter (SW1 14) of Section 20 and a part of the Northwest Quarter (NW714) of Section 29, all located in Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more particularly described as follows Commencing at the southwest comer of the Southwest Quarter (SW714) of said Section 20, also being the northwest comer of the Northwest Quarter (NW1 14) of said Section 29; thence South 89' 27' 09" East o distance of 848.77 feet along the south line of the Southwest Quarter (SWl 14) of Section 20, also being the north line of the Northwest Quarter (NW1 14) of Section 29, thence South 00' 17' 19" West 45.00 feet to a point which is 45 feet south of the north line of the Northwest Quarter (NWl 14) Section 29, said line also being the centerline of Old Cleveland Road, to the Point of Beginning of this description; thence South 63' 27' 49" West a distance of 315.00 feet; thence North 38' 59' 52" West a distance of 375.00 feet to the southeast right of way line of Nimtz Parkway, also being the point of curvature of a nontangent curve to the left having a radius of 790.00 feet, on internal angle of 31 ' 35' 05" and subtended by a long chord having a bearing of North 39' 56' 30" East a chord length of 430.00 feet; thence northeasterly a distance of 435.49 feet along said southeast right of way line of Nimtz Parkway, also along said curve to the point of tangency of said curve; thence South 57' 33' 26" East a distance of 288.39 feet; thence South 00, 17' 19" West a distance of 325.68 feet to the Point of Beginning and containing 4.463 acres, more or less Said parcel of ground is subject to all easements of record. South Bend Redevelopment Commission Resolution No. 1232 Exhibit "B" - con't , EXHIBIT "B" USE DESIGNATION I -80/90 Toll Road ill 111 a PO M r7 Nimtz Parkway T n -Lot 4• - . . Blackthorn Corporate Center - Covenants & Restrictions l Nimtz Parkway Z/18W a 3 O