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HomeMy WebLinkAboutNo. 0938 confirming a resolution designating and declaring the AEDA, approving an economic development plan and establishing an allocation area for purposes of TIFr•a RESOLUTION NO. 938 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION CONFIRMING A RESOLUTION DESIGNATING AND DECLARING THE AIRPORT ECONOMIC DEVELOPMENT AREA, APPROVING AN ECONOMIC DEVELOPMENT PLAN AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING WHEREAS, the South Bend Redevelopment Commission (the "Commission "), at a regular meeting held on the 23rd day of February, 1990, approved and adopted a resolution entitled "RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DESIGNATING AND DECLARING THE AIRPORT ECONOMIC DEVELOPMENT AREA, APPROVING AN ECONOMIC DEVELOPMENT PLAN AND ESTABLISHING AN ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING" (the "Declaratory Resolution "); and WHEREAS, the Declaratory Resolution designated and declared an area in the City of South Bend, Indiana (the "City "), to be known as the Airport Economic Development Area (the "Area ") to be an "economic development area" within the meaning of the Redevelopment of Cities and Towns Act of 1953, which has been codified in IC 36 -7 -14 as amended from time to time (the "Act"), said Area being more particularly described as follows: A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, and Section 4, Township 37 North, Range 2 East all in German Township, St. Joseph County, Indiana more particularly described as follows: Beginning at the intersection of the East right of way line of Bendix Drive and the Northeast right of way line of Lincolnway West (also known as USR 20); thence alywc�,c Northwesterly along said Northeast right of way line of Li ncolnway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel to and 140 feet Northerly of the survey Line S- USR20 -M (referenced to plans for U.S. 31 ' Bypass) to the West right of way line of Butternut Road; thence Northwesterly along the Northeast limited access right of way line of USR 20 to a point 150 feet to the Ask left of Station 65 +00, Line S- USR20 -M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S- USR20 -M to a point 150 feet to the right of Station 65 +00 on Line S- USR20 -M; thence Southerly and Southwesterly along the limited access right of way line of the Southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35 +00 on Line M at the centerline of the U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35 +00 on said Line M; thence Northerly and Northwesterly along the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass to a point at Station 34 +00 Line S- USR20 -M in the limited access right of way line of the Ir✓ Southwest ramp of said U.S. 31 Bypass, which point is 130 feet measured at right angles from said Line S- USR20 -M; thence Northeasterly a distance of 250 feet measured at right angles to said Line S- USR20 -M to a point at Station 34 +00 on Line S- USR20 -M, and being 120 feet measured at right angles, Northeasterly from said Line; thence Easterly and Northerly along the limited access right of way line of said Northwest ramp of the US. 31 Bypass to a point; thence Easterly at right angles to Line M, which line is the centerline of the U.S. 31 Bypass a distance of 420 feet more or less to a point 603.50 feet, more or less, South of the North line of the South 1/2 of the Southeast 1/4 of Section 30, which point is 210 feet to the right of a PCC at Station 22 +10 of the survey line of said Northeast ramp; thence South 190 08' 51" East (Assumed Bearing) a distance of 1654.59 feet along the limited access right of way line of the Northeast ramp of the U.S. 31 Bypass to a point in the Northeasterly right of way line of the U.S. 31 Bypass, Lincolnway West -US 20 intersection; thence North 88° 46' 30" East a distance of 1132.51 feet to a point in the West line of Section 32, which point is 829.90 feet South of the Northwest corner of said Section 32; thence continuing North 88° 46' 30" East a distance of 1595.58 feet to a point in the Westerly right of way line of Butternut Road; thence Northeasterly along a line parallel to and 20 feet Westerly of the following described line, to wit: Beginning at a point in the centerline of Butternut Road marked by an iron; thence North 01° 23' 50" East a distance of 123.15 feet to an iron; thence North 310 09' 50" East a distance of 473.36 feet to an iron set in concrete; thence North 050 24' 06" East a distance of 251.90 feet to an iron; thence North 29 feet to a point in the centerline of Butternut Road, all being a line along the Westerly right of way line of Butternut Road, to the intersection with Northerly right of way line of Douglas Road; thence, due East along the Northerly right of way line of Douglas Road to a point 20 feet North of the South line, of Section 29, which point is on the Northerly right of way line of Douglas Road; thence due North along a line parallel to and 89.71 feet East of the North -South centerline of said Section 29; thence due west a distance of 89.71 feet to a point 1804.88 feet North of the South line of Section 29; thence due North along the North -South centerline of said Section 29 to the point of intersection with the North line of said -2- \rlhill \sthbnd \airport \rc- conf;dsl;Juns 19, 1990 Section 29; thence due west along the North line of said Section 29 to the East line of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 29; thence due South along said East line of the West 1/2 of the West F 1/2 of the Northwest 1/4 of said Section 29 to the 6v East -West centerline of said Section 29; thence due West along the East -West centerline of said Section 29 to the West line of said Section 29; thence continuing due West along the East -West centerline of Section 30, to the intersection with the North -South centerline of said Section 30; thence due North along the North -South centerline of said Section 30 to the North line of said Section 30; thence continuing North along the North -South centerline of Section 19, to the intersection with the Southerly right of way line of the Indiana East -West Toll Road; thence Westerly along the Southerly right of way line of the Indiana East -West Toll Road a distance of 1320 feet more or less to the East right of way line of Olive Road extended, thence North along the East right of way line of Olive Road extended a distance of 2600 feet more or less to the intersection with the Northerly right of way line of Brick Road; thence Easterly and Northerly along the Northerly right of way line of Brick Road and the Westerly right of way line of the U.S. 31 Bypass to the intersection with the East -West centerline ArN of Section 18 to the intersection with the East line of said Section 18, said intersection thence due East along the East -West centerline of said Section 18, also being the Northwest corner of the Southwest 1/4 of Section 17; thence South 89° 31' 43" East (this and the next 12 courses and bearings are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North 000 00' 00" East) along the North line of said Southwest 1/4 a distance of 1303.80 feet to the Northeast corner of the West 1/2 of said Southwest 1/4; thence South 000 03' 49" West along the east line of the West 1/2 of said Southwest 1/4 a distance 2465.70 feet to a point which is North 000 03' 49" East a distance of 200.00 feet from the Southeast corner of the West 1/2 of said Southwest 1/4; thence North 890 39' 06" West, parallel with the South line of said Southwest 1/4, a distance of 400.00 feet; thence South 000 03' 49" West, parallel with the East line of the West 1/2 of said Southwest 1/4, a distance of 200.00 feet to the South line of said Southwest 1/4; thence North 890 39' 06" West, along said South line a distance of 375.75 feet; thence North 000 22' 38" East a distance of 205.00 feet; thence North 890 39' 06" West, parallel with said South line a distance of 138.00 feet; thence South 00° 22' 38" West a distance of 205.00 feet to said South line; thence North 890 39' 06" West along said -3- \rlhill \sthbnd \airport \rc -conf;dsl;June 19, 1990 South line a distance of 60.00 feet; thence North 000 22' 38" East a distance of 200.00 feet; thence North 890 39' 06" West, parallel with said South line a distance of 330.00 feet to the West line of said Southwest 1/4; VN thence Southerly along said West line to the Southwest corner of said Section 17, also being the Southeast corner of said Section 18; thence Southerly along the West line of Section 20, to the South right -of -way line of Brick Road; thence due East along the South right of way at Brick Road a distance of 346.64 feet; thence due South a distance of 150.35 feet to a point on the Northerly right of way line of the new Cleveland Road, said point being 170.85 feet South of and 346.64 feet East of the Northwest corner of said Section 20; thence Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1/2 of the West 1/2 of the Northwest 1/4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due west and 200 feet from the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence South along the West right of way line of Mayflower Road to the intersection with the Northerly right of way line of the new Cleveland Road; thence Southeasterly along the Northerly right of way line of the New Cleveland Road to a point, said point being located from the intersection of the West line of the Northwest 1/4 of Section 21, with the Northerly right of way line of the Indiana East -West Toll Road, said intersection being 337.19 feet northerly of the West 1/4 corner of said Section 21, and being marked by a brass monument set in concrete, by the following courses: thence Easterly 80.64 feet along said Northerly right of way line along an arc to the right having a radius of 5879.58 feet and subtended by a chord of 80.64 feet bearing South 830 32' 20" East (this bearing and the next 5 bearings are relative to an assumed bearing of North 900 00' 00" East for the north line of said Northwest 1/4) , to an iron pipe; thence North 00* 06' 03" East, parallel with and 80.50 feet Easterly of said West line of the Northwest 1/4, a measured distance of 336.78 feet to a one inch square iron pipe marking the northwest corner of a parcel of land described in Deed Record 819, -4- \rlhill \sthbnd \airport \rc- conf;dsl;June 19, 1990 page 596, in the Office of the Recorder of St. Joseph County, Indiana, said corner being the previously stated point in question; thence continuing North 00° 06' 03" East, a measured distance of 669.74 feet to a one inch square iron pipe at a point which is South 00° 06' 03" +' West a distance of 1281.30 feet from said North line of the Northwest 1/4; thence South 89° 14' 27" East, along a southerly line of a parcel of land described as Tract "D" in Deed Record 765, page 529, in said Office of the Recorder, a measured distance of 561.72 feet to an iron pipe; thence South 000 05' 02" West, along a Westerly line of said Tract "D ", a measured distance of 795.17 feet to a one inch square iron pipe marking the northerly right of way line of said New Cleveland Road; thence Southeasterly along the Northerly right of way line at the new Cleveland Road to the intersection with the West line of the East 1/2 of the Southwest 1/4 of Section 22; thence North along said West line to the Northwest corner of the East 1/2 of the Southwest 1/4 of said Section 22; thence East along the East -West centerline of said Section 22 to the center of said Section 22; thence South along the North -South centerline of said Section 22 to a point 214.50 feet North of the South 1/4 corner of said Section 22; thence West, parallel with the South line of said Section 22, a distance of 99.00 feet; thence South, parallel with said North -South centerline of Section 22, a distance of 214.50 feet to the South line of said Section 22; thence East along said South line of Section 22, a distance of 99.00 feet to the South 1/4 corner of said Section 22 (also being the North 1/4 corner of Section 27); thence South along the North -South centerline of said Section 27 to the Southerly right of way line of the East -West Indiana Toll Road; thence West and Northwest along the Southerly right of way line of said East -West, Indiana Toll Road to the intersection with the East right of way line of Maple Road; thence Southwest and Southerly along the East line of said Maple Road maple Road and Bendix Drive to the Point of Beginning. WHEREAS, the Declaratory Resolution adopted an Economic Development Plan for the Area (the "Economic Development Plan "), and approved and adopted maps and plats of the Area; and WHEREAS, the Declaratory Resolution further found and determined that the Area shall constitute an Allocation Area for purposes of Section 39 of the Act, such Allocation Area being r designated as "Airport Economic Development Area, Allocation Area No. 1" ( "Allocation Area No. 111); and WHEREAS, certain Findings of Fact have been presented to the -5- \rlhill \sthbnd \airport \rc -conf;dsl;June 19, 1990 Commission which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area and the Commission now desires to adopt and confirm the Findings of Fact for the Area; and WHEREAS, the Area Plan Commission of St. Joseph County (the "Plan Commission "), which is the duly designated and acting planning body for the City, on the 15th day of May, 1990, adopted its Resolution No. 114 approving the Declaratory Resolution and the Economic Development Plan and determining that the Declaratory Resolution and the Economic Development Plan conform to the plan of development for the City; and WHEREAS, the Common Council of the City on the 11th day of June, 1990, adopted its Resolution No. 90 -33, approving the resolution of the Plan Commission and the Commission's determination that the Area is an "economic development area" pursuant to the Act; and WHEREAS, the Commission caused to be published on the 15th day of June, 1990, a notice of a public hearing concerning the Area and made all required filings with governmental agencies and officers pursuant to Section 17 (b) of the Act; and WHEREAS, at the hearing held by the Commission on the 27th day rw of June, 1990, at 4:00 p.m., Eastern Standard Time, at the office of the Commission, located at 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601, the Commission heard all the persons interested in the proceedings pertaining to the proposed project and received D written remonstrances and objections that had been filed and considered those remonstrances and objections, if any, and such other evidence presented. NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment Commission as follows; 1. That after considering the evidence presented at the hearing on the 27th day of June, 1990, the Commission hereby confirms the findings, determinations and designations, and the approving and adopting actions contained in the Declaratory Resolution. 2. That the Commission adopts and confirms the Findings of Fact for the Area, a copy of which is attached hereto as Exhibit "A". 3. That the Commission finds and determines that it will be of public utility and benefit to proceed with the Economic Development Plan as attached as Exhibit "A" to the Declaratory \rlhill \sthbnd \airport \rc- conf;dsl;June 19, 1990 C Resolution adopted by the Commission on the 23rd day of February, 1990. 4. This Resolution constitutes final action pursuant to IC 36- 7- 14 -17(c) by the Commission determining the public utility and benefit of the proposed project and confirming the Declaratory Resolution pertaining to the Area. 5. The Secretary is directed to record this Resolution pursuant to the requirements of IC 36- 7- 14- 17(c). 6. This Resolution shall be in full force and effect after its adoption by the Commission. ADOPTED AND APPROVED at a special meeting of the South Bend Redevelopment Commission held on the 27th day of June, 1990, at the office of the Commission, located at 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. ATTEST: Roman Piasecki, Secretary \rlhill \sthbnd \airport \rc- conf;dsl;June 19, 1990 SOUTH BEND REDEVELOPMENT COMMISSION Jay Ni tz, P sident -7- ri 1 o c) C� S -r O ;U s ATTACHMENT TO RESOLUTION NO. 938 JUNE 27, 1990 AIRPORT 2010 ECONOMIC DEVELOPMENT AREA FINDINGS OF FACT 1. The Airport 2010 Economic Development Area ( "Area ") consists of approximately 2300 acres in the northwest part of the City of South Bend, adjacent to the Michiana Regional Airport. 2. The Area is zoned primarily for light and heavy industrial use, although a small portion is zoned residential. 3. Over 80% of the Area is without structures; approximately 80% of the land is underutilized due to lack of supporting infrastructure such as streets and utilities. Thus, the following public improvements are necessary in order to facilitate development of the Area: Extension of utilities such as gas, electric and telephone to the Area and to sites within the Area - Extension of water mains as well as storm and sanitary sewers to the Area and to sites within the Area - An expansion and extension of the Exit 72 interchange of the Indiana Toll Road - A widening and extension of Old Cleveland Road, including all appropriate signage and signalization - Construction of appropriate interior access roads, including all necessary curb, sidewalk and lighting improvenieiis'-s; to scr : s individual sites within the Area 4. It is the goal of the City of South Bend to encourage new commercial and industrial development in this Area, diversify and expand business opportunities, increase the local tax base, and generate new jobs. 5. It is expected that the development of this Area will produce a significant increase in the City's overall economic vitality. To achieve this, however, the Redevelopment Commission and the City of South Bend must be able to provide the necessary public improvements to make the site suitable for new development. 6. It is expected that the development of this Area will also: Provide new space for the expansion of the existing Airport Industrial Park, as well as other South Bend businesses. i Improve roadway access and circulation in the northwest portion of the City, surrounding the Michiana Regional Airport. Stimulate increased use and growth of the Michiana Regional Airport. - Increase user traffic for the Indiana Toll road, specifically Exit 72. Increase use of the South Shore Railroad (when relocated to the Michiana Regional Airport). 7. It may be necessary to relocate an electric power transmission line which crosses the Area. 8. It is expected that the development of this Area will create approximately 4,712 new jobs, generate about $422,036,000 in new private investment and increase the City's assessed value by $84,358,000. KCP:ml /airptfof