HomeMy WebLinkAboutNo. 0898 approving proposed lease between the SBRA and the SBRC for certain land/public improvements, approving plans, specifications, cost estimates for project, setting a public hearing on proposed lease, authorizing publication of public hearingRESOLUTION NO. 898
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING A PROPOSED LEASE BETWEEN THE
SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND
REDEVELOPMENT COMMISSION FOR CERTAIN LAND AND PUBLIC
IMPROVEMENTS, APPROVING PLANS, SPECIFICATIONS AND COST ESTIMATES
FOR THE PROJECT, SETTING A PUBLIC HEARING ON THE PROPOSED LEASE
PURSUANT TO IC 36 -7 -14 -25.2, AND AUTHORIZING PUBLICATION
OF NOTICE OF THE PUBLIC HEARING
WHEREAS, the South Bend Redevelopment Authority (the "Authority ")
on November 16, 1989, adopted a resolution ratifying and confirming
its intent to issue its South Bend Redevelopment Authority lease
rental revenue bonds for the purpose of obtaining money to pay for
the costs of certain land and public improvements and related
expenses (the "Project "); and
WHEREAS, on November 16, 1989, the Authority adopted a resolution
approving a proposed lease between the Authority and the South Bend
Redevelopment Commission (the "Commission ") for the lease of the
Project; and
WHEREAS, the plans, specifications and cost estimates for the
Project have been filed, reviewed and approved by the Redevelopment
Authority; and
WHEREAS, the plans, specifications and cost estimates for the
Co Project have been filed with the Redevelopment Commission; and
WHEREAS, the Authority has filed the proposed lease with the
Commission, a copy of which is attached hereto as Exhibit "A"; and
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WHEREAS, the Commission desires to approve the proposed lease and
publish notice of public hearing and conduct a public hearing on the
proposed lease pursuant to IC 36 -7 -14 -25.2; and
WHEREAS, after the public hearing, the Commission may adopt a
resolution pursuant to IC 36 -7 -14 -25.2 authorizing the execution of
the proposed lease on behalf of the City of South Bend if it finds
that the service to be provided throughout the term of the proposed
lease will serve the public purpose of the City of South Bend, is in
the best interests of its residents and the lease rental provided for
is fair and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The Commission hereby approves the plans, specifications and
cost estimates which have been filed with the Commission.
2. The Commission hereby approves the proposed lease between
the Authority and the Commission to be dated as of November 1, 1989.
3. The Commission hereby schedules the public hearing on the
lease to be held on December 8, 1989 at 10:00 a.m., Eastern Standard
Time, at the office of the Commission located at 1200 County -City
Building, 227 West Jefferson Boulevard, South Bend, Indiana.
4. The Commission hereby authorizes the publication of a notice
of public hearing on the lease pursuant to IC 5 -3 -1.
CPM
5. This resolution shall be in full force and effect after its
adoption by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission
held on November 17, 1989 at the office of the Commission located at
1200 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana.
SOUTH BEND REDEVELOPMENT COMMISSION
By: --
. Jay Nim z, Pl<sident
A T..
Roman Piasecki, Secretary
11 -17 -89
19
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LEASE
Between
SOUTH BEND
REDEVELOPMENT AUTHORITY
and
SOUTH BEND REDEVELOPMENT COMMISSION
DATED AS OF NOVEMBER 1, 1989
(SOUTH BEND CENTRAL DEVELOPMENT AREA
PUBLIC IMPROVEMENT PROJECT)
C
INDEX
Section
1.
Definitions
S ection
2.
Lease of Project
Section
3.
Rental Payments
Section
4.
Rental Payment Dates
Section
5.
Abatement of Rent
Section
6.
Net Lease
Section
7.
Nonliability of Authority
Section
8.
Alterations
Section
9.
Insurance
Section
10.
Use of Insurance and
Condemnation Proceeds
Section
11.
Liability Insurance
Section
12.
General Insurance Provisions
Section
13.
General Covenants
Section
14.
Option to Purchase
Section
15.
Defaults
Section
16.
Notices
Section
17.
Construction of Covenants
Section
18.
Successors or Assigns
Exhibit
A
Permitted Encumbrances
Exhibit
B
Lease Payment Schedule
Exhibit
C
Project Descriptions
1
2
3
3
4
5
5
5
5
6
6
6
7
7
8
8
8
8
LEASE
This Lease entered into as of the day of , 1989
between SOUTH BEND REDEVELOPMENT AUTHORITY, a body corporate and
politic organized and existing under Indiana Code 36 -7 -14.5 (the
"Authority) and SOUTH BEND REDEVELOPMENT COMMISSION, the governing
body of the South Bend Department of Redevelopment and the
Redevelopment District of South Bend, Indiana (the "Lessee ").
WITNESSETH:
Section 1. Definitions. The terms defined in this Section
1 shall for all purposes of this Lease have the meanings herein
specified unless the context otherwise requires.
"Act" means Indian Code 37 -7 -14.5, as the same from time to
time may be amended or supplemented.
"Authority" means the South Bend Redevelopment Authority, a
body corporate and politic organized and existing under the Act, or
if said Authority shall be abolished, the authority, board, body,
instrumentality or agency succeeding to the principal functions
thereof.
"Bonds" means South Bend Redevelopment Authority Lease Rental
Revenue Bonds (South Bend Central Development Area Public Improvement
Project) .
"Lease" means this Lease as the same may be amended, modified
or supplemented by any amendments or modifications hereof or
supplements hereto entered into in accordance with the provisions
hereof.
"Lessee" means the South Bend Redevelopment Commission, the
governing body of the South Bend Department of Redevelopment and the
Redevelopment District of South Bend, Indiana, or if said Commission
shall be abolished, the commission, board, body or agency succeeding
to the principal functions thereof.
"Lease
passed on _
lease rentals.
Resolution" means the resolution of the Commission
1989, establishing funds for the payment of
"Permitted Encumbrances" means those items listed in Exhibit A
hereto and any future (a) liens for taxes not then delinquent, (b)
this Lease and the Trust Agreement, leases, subleases and other
agreements permitted pursuant to Section 13 hereof, (c) utility,
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access and other easements and rights -of -way, restrictions and
exceptions that Lessee certifies will not interfere with or impair
the Project, (d) any mechanics' laborers', materialmen's, suppliers'
or vendors' lien or right in respect thereof if payment is not yet
due and payable and (e) such minor defects, irregularities,
encumbrances, easements, rights -of -way and clouds on title as
normally exist with respect to property similar in character to the
Project and as do not, in the opinion of counsel satisfactory to
Trustee, materially impair the Authority's title or Lessee's use of
the Project.
"Project" means the real estate in South Bend, Indiana, and
improvements to be made thereon by the Authority or its agent
according to plans and specifications prepared by
, project engineers of , Indiana, all as
described in Exhibit C hereto. The above mentioned plans and
specifications may be changed and additional construction work may be
performed and improvements may be purchased by the Authority, but
only with the approval of the Lessee, and only if such changes or
modifications or additional construction work or improvements do not
alter the character of the Project or reduce the value thereof. Any
such additional construction work or additional improvements shall be
part of the property covered by this Lease. The above - mentioned
plans and specifications have been filed with and approved by the
Lessee.
"Redevelopment District Bond Fund" means the Redevelopment
District Bond Fund of Lessee authorized by Indiana Code 36- 7 -14 -27
and the Lease Resolution.
"South Bend Central Development Area Public Improvement
Project Principal and Interest Account" means the account by that
name created in the Redevelopment District Bond Fund by the Lease
Resolution.
"Trust Agreement" means the Trust Agreement dated as of _
1989 between the Authority and the Trustee, securing the Bonds.
"Trustee" means , Indiana, as
Trustee pursuant to the Trust Agreement, and any successor trustee.
Any term not defined herein, which is defined in the Lease
Resolution or in the Trust Agreement, shall have the meaning as
defined in such resolution or agreement.
Section 2. Lease of Protect. In consideration of the
rentals and other terms and conditions herein specified the Authority
does hereby lease, demise and let to the Lessee the Project: TO HAVE
AND TO HOLD the same with all rights, privileges, easements and
appurtenances thereunto belonging, unto the Lessee for a term of
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twenty -two (22) years, beginning on the date the Project is complete
and ready for use, and ending on the day prior to such date
twenty -two (22) years thereafter. However, the term of this Lease
shall terminate at the earlier of (a) the exercise of the option to
purchase by Lessee and payment of the option price, or (b) the
payment or defeasance of all obligations of Lessor incurred (i) to
finance the cost of the leased property, (ii) to refund such
obligations, (iii) to refund such refunding obligations, or (iv) to
improve the leased property. The date the Project is complete and
ready for use shall be endorsed on this Lease at the end hereof by
the parties hereto as soon as the same can be done after such
completion and such endorsement shall be recorded as an addendum to
this Lease. The Authority hereby represents that it is possessed of,
or will acquire, a good and indefeasible estate in fee simple subject
only to Permitted Encumbrances, to the above - described real estate,
and the Authority warrants and will defend the same against all
claims whatsoever not suffered or caused by the acts or omissions of
the Lessee.
Section 3. Rental Payments. (a) During the term of this
Lease, the Lessee agrees to pay rental for said premises as set forth
in Section 4 hereof. Such rental shall be paid from the South Bend
Central Development Area Public Improvement Project Principal and
Interest Account of the Redevelopment District Bond Fund. All
rentals payable under the terms of this Lease shall be paid to the
Trustee or to such other bank or trust company as may from time to
time succeed the Trustee under the Trust Agreement. All payments so
made shall be considered as payments to the Authority of the rentals
payable hereunder. The Lessee shall receive credit for any Bond
maturing within seven (7) days of the date of the lease rental
payment, at the face value thereof, which the Lessee acquires and
delivers to the Trustee as a part of its lease rental payment; (b) as
additional rental the Lessee agrees to pay all fees, charges and
reimbursement of expenses of the Trustee under the Trust Agreement
and all prudent charges and expenses of the Authority incurred in the
performance of its obligations hereunder.
Section 4. Rental Payment Dates and Amounts. The first
semiannual rental installment in the amount of Two Hundred
Ninety -Five Thousand Five Hundred Dollars ($295,500) shall be due on
the day that the Project is completed and ready for use, or July 31,
1991, whichever is later. Thereafter such rentals shall be payable
in advance in semiannual installments on January 31, and July 31 of
each year as provided for in the attached lease payment schedule at
Exhibit B.
After the sale of the bonds issued by the Authority to pay the cost
of the Project, including the acquisition of the site therefor and
other expenses incidental thereto, the sum of the first and second
semiannual rental installments and the sum of the third and fourth
semiannual rental installments, and so on, shall be reduced to an
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amount equal to the multiple of One Thousand Dollars ($1,000) next
highest to the sum of principal and interest due on the Bonds in the
year ending on the bond maturity date (bond year) immediately
following such two semiannual rental installments plus Three Thousand
Dollars ($3,000) payable in two equal semiannual installments,
assuming for such purposes that the first semiannual rental
installment is due on July 31, 1991. Such amount of reduced annual
rental shall be endorsed on this Lease at the end hereof by the
parties hereto as soon as the same can be done after the sale of said
Bonds, and such endorsement shall be recorded as an addendum to this
Lease.
The Lessee will not take any action or fail to take any action
that would result in the loss of the exclusion from gross income for
federal tax purposes of interest on the Bonds pursuant to Section
103(a) of the Internal Revenue Code of 1986, as amended (the "Code "),
as in effect on the date of delivery of the Bonds, nor will the
Lessee act in any manner which would adversely affect such
exclusion. The Lessee further covenants that it will not make any
investment or do any other act or thing during the period that any
Bond is outstanding hereunder which would cause any Bond to be an
"arbitrage bond" within the meaning of Section 148 of the Code and
the regulations thereunder as in effect on the date of delivery of
the Bonds. All officers, members, employees and agents of the Lessee
are authorized and directed to provide certifications of facts and
estimates that are material to the reasonable expectations of the
Lessee as of the date the Bonds are issued and to enter into
covenants on behalf of the Lessee evidencing the Lessee's commitments
made herein.
Section 5. Abatement of Rent. In the event that all or a
portion of the Project shall be damaged or destroyed so as to render
the damaged or destroyed portion of the Project unfit for its
intended use, it shall then be the obligation of the Authority to
restore and reconstruct the damaged or destroyed portion of the
Project as promptly as may be done, unavoidable strikes and other
causes beyond the control of the Authority excepted, if, in the
opinion of an independent registered architect, registered engineer,
construction manager or contractor selected by the Lessee and
acceptable to the Trustee, (i) the cost of such restoration or
reconstruction does not exceed the amount of the proceeds received by
the Authority from the insurance provided for in Section 9 hereof
plus other moneys available therefor and (ii) such restoration or
reconstruction can be completed within the period of time covered by
the rental value insurance provided for in Section 9 hereof. If
either or both conditions shall not exist, the proceeds received from
the insurance provided for in Section 9 hereof shall be applied to
the option to purchase price provided for in Section 14 hereof. The
rental shall be abated pro rata for the period during which the
damaged or destroyed portion of the Project is unfit for its intended
use.
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Section 6. Net Lease. It is expressly understood and
agreed that this Lease shall be what is known as a net lease (i.e.,
the rent being absolutely net to the Authority and that all other
expenses in connection with the Project of any nature whatsoever
shall be those of the Lessee) and that during the lease term the
Lessees shall be obligated to pay as its expenses without
reimbursement from the Authority all costs of taxes and assessments,
if any, and maintenance, operation and use in connection with or
relating to the Project, including but not limited to all costs and
expenses of all services, repair or replacement of all parts of the
Project or improvements of the Project.
Section 7. Nonliability of Authority. The Authority shall
not be liable for damage caused by hidden defects or failure to keep
the Project in repair and shall not be liable for any damage done or
occasioned by or from plumbing, gas, water, or other pipes or the
bursting of leaking of plumbing or heating fixtures in connection
with said premises, nor for damage occasioned by water, snow or ice.
The Authority shall not be liable for any injury to the Lessee or any
sublessee of the Lessee or any other person which injury occurs on,
in or about the Project howsoever arising. The Authority shall not
be liable for damage to the Lessee's property or to the property of
any sublessee of the Lessee or of any other person which may be
located in, upon or about the Project.
Section 8. Alterations. Lessee shall have the right,
CW without the consent of the Authority, to make all alterations,
modifications and additions and to do all improvements it deems
necessary or desirable to the Project, which do not reduce the rental
value of the Project.
Section 9. Insurance. The Lessee, at its own expense, will,
during the full term of the Lease, keep the Project insured against
physical loss or damage, however caused, with such exceptions as are
ordinarily required by insurers of properties of a similar type, in
good and responsible insurance companies acceptable to the
Authority. Such insurance shall be in an amount at least equal to
the greater of (i) the option to purchase price or (ii) one hundred
percent (100% of the full replacement cost of such Project as
certified by a registered architect, a registered engineer, or
professional appraisal engineer, selected by the Authority with the
approval of the Trustee, on the effective date of this Lease and on
or before the first day of April of each year thereafter; provided
that such certification shall not be required so long as the amount
of such insurance shall be in an amount at least equal to the option
to purchase price. Such appraisal may be based upon a recognized
index of conversation factors. In no event shall the insurance be in
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f'
an amount which causes the Lessee
Project. Such insurance may contain
an amount not exceeding $
deductible in an amount of any loss
public institutional property insurance
a
to be a co- insurer for the
provision for a deductible in
_ Lessee agrees to pay the
to the Authority. A blanket
form may be used if:
(a) the insurance on the Project is not less than the amount
required by this Section,
(b) the Lessee subordinates its claim for damage or
destruction to other buildings or improvements to claims
for damage or destruction of the Project, and
(c) the insurance proceeds related to damage to or
destruction of the Project are payable to the Trustee.
During the full term of this Lease, the Lessee will also, at its own
expense, maintain rental or rental value insurance in an amount at
least equal to the full rental specified in Section 3 for a period of
two (2) years against physical loss or damage of the type insured
against pursuant to the proceeding requirements of this Section.
Such policies shall be for the benefit of and shall be made payable
to the Trustee.
Section 10. Use of Insurance and Condemnation Proceeds.
Proceeds of insurance against damage to or destruction of the Project
or proceeds of any condemnation of the Project shall be paid to and
held by the Trustee and used to pay for reconstruction or replacement
of the Project in accordance with plans approved by the Authority and
the Lessee, unless the Lessee elects to exercise its option to
purchase.
Section 11. Liability Insurance. The Lessee shall, at all
times during the full term of this Lease, keep in effect, public
liability and property damage insurance, insuring the Lessee, the
Authority and the Trustee in amounts customarily carried for similar
properties.
Section 12. General Insurance Provisions. All insurance
policies required by Sections 9 and 11 shall be with good and
responsible insurance companies acceptable to the Authority and the
Trustee, and shall be countersigned by an agent of the insurer who is
a resident of the State of Indiana, and such policies, or copies
thereof, together with a certificate of the insurance commissioner
certifying that the persons countersigning such policies are duly
qualified in the State of Indiana as resident agents of the insurers
on whose behalf they may have signed, and the certificate of the
architect or engineer referred to in Section 9 shall be deposited
with the Authority and the Trustee. If, at any time, the Lessee
fails to maintain insurance in accordance with Sections 9 and 11,
such insurance may be obtained by the Authority, or may be obtained
by the Trustee, and the amount paid for such insurance shall be added
to the amount of rental payable by the Lessee under this Lease;
provided, however, that neither the Authority nor the Trustee shall
be under any obligation to obtain such insurance, and any action or
non - action of the Authority or Trustee in this regard shall not
relieve the Lessee of any consequences of a default in failing to
obtain such insurance.
Section 13. General Covenants. The Lessee shall not assign
this Lease or sublet any part of the Project herein described without
the prior written consent of the Authority; provided, however, that
the Lessee shall in no event assign this Lease or sublet any part of
the Project if such assignment or sublease will result in the loss of
the exclusion from gross income for federal tax purposes of interest
on any obligation issued by the Authority to finance the Project.
The Lessee covenants that, except for Permitted Encumbrances, it will
not encumber the Project, or permit any encumbrance to exist thereon,
and that it shall use and maintain the Project in accordance with the
laws and ordinances of the United States of America, the State of
Indiana, and all other proper governmental authorities. The
Authority agrees that it will, at the request of the Lessee, execute
and deliver to or upon the order of the Lessee such instrument or
instruments as may be reasonably required by the Lessee in order to
subject the Project, or the Authority's interest therein, to such
encumbrances as shall be specified in such request and as shall be
permitted by the provisions of this Section 13 or otherwise by the
definition of "Permitted Encumbrances ".
Section 14. Option to Purchase. Authority hereby grants
Lessee the right and option, on any rental payment date, upon thirty
days' written notice to the Authority, to purchase all of the Project
at price equal to the amount required to enable the Authority to
provide for the redemption of all outstanding Bonds, all premiums
payable on the redemption thereof, and accrued and unpaid interest,
and to pay the cost of redeeming the Bonds and liquidating the
Authority if it is to be liquidated.
Upon request of the Lessee, the Authority agrees to furnish an
itemized statement setting forth the amounts required to be paid by
the Lessee on the next rental payment date in order to purchase the
Project in accordance with the preceding paragraph.
If the Lessee exercises its option to purchase, the Lessee
shall pay to the trustee that portion of the purchase price which is
required to provide for the payment of all the Bonds, including all
premiums payable on the redemption thereof, accrued and unpaid
interest thereon and the costs of redemption thereof. Such payment
shall not be made until the Trustee gives to the Lessee a written
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statement that such amount will be sufficient to retire all Bonds
including all premiums payable on the redemption thereof and accrued
and unpaid interest.
The remainder of such purchase price, if any, shall be paid by
the Lessee to the Authority. Nothing herein contained shall be
C construed to provide that the Lessee shall be under any obligation to
purchase the Project, or under any obligation in respect to any
creditors or bondholders of the Authority.
If the Lessee has not exercised its
Project at the expiration of the term of the
discharge and performance by the Lessee of ii
Lease, the Authority shall execute a deed
Lessee conveying good and merchantable title
Permitted Encumbrances.
option to purchase the
Lease and upon the full
:s obligations under this
of the Project to the
thereto, subject only to
Section 15. Defaults. If the Lessee shall (a) default in the
payment of any rentals or other sums payable to the Authority
hereunder, or in the payment of any other sum herein required to be
paid for the Authority, (b) fail to comply with the terms set forth
in the Lease Resolution, or (c) default in the observance of any
other covenant, agreement or condition hereof, and such default under
(c) shall continue for ninety (90) days after written notice to
correct the same, then, in any of such events, the Authority may
proceed to protect and enforce its rights, either at law or in
equity, by suit, action, mandamus or other proceedings, whether for
specific performance of any covenants or agreement contained herein
or for the enforcement of any other appropriate legal or equitable
remedy.
Section 16. Notices. Whenever either party shall be required
to give notice to the other under this Lease, it shall be sufficient
service of such notice to deposit the same in the United States mail,
in an envelope duly stamped, registered and addressed to the other
party at its last known place of business. A copy of any notice
shall be mailed by first -class mail to the Trustee at its last known
place of business.
Section 17. Construction of Covenants. All provisions
contained herein shall be construed in accordance with the provisions
of the Act and to the extent of inconsistencies, if any, between the
covenants and agreements in this Lease and the provisions of the Act,
the provisions of said Act shall be deemed to be controlling and
binding upon the parties.
Section 18. Successors or Assigns. All covenants of this
Lease, whether by the Authority or the Lessee, shall be binding upon
the successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Lease
to be executed for and on their behalf as of the day and year first
hereinabove written.
SOUTH BEND REDEVELOPMENT AUTHORITY
By:
,President
ATTEST:
, Secretary- Treasurer
SOUTH BEND REDEVELOPMENT COMMISSION
By:
ATTEST:
Roman Piasecki, Secretary
11 -16 -89
F. Jay Nimtz, President
Q=
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersi
State, personally appeared
personally known by me to be
respectively, of the South
acknowledged the execution of
of said Authority.
1989.
(SEAL)
gned, a Notary Public in and for said
and ,
the President and Secretary- Treasurer,
Bend Redevelopment Authority, and
the foregoing Lease for and on behalf
WITNESS my hand and Notarial Seal this day of
My commission expires:
I am a resident of
County, Indiana.
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(Written Signature)
(Printed Signature)
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersign
State, personally appeared
personally known by me to be
respectively, of the South
acknowledged the execution of
of said Commission.
ed, a Notary Public in and for said
and ,
the President and Secretary- Treasurer,
Bend Redevelopment Authority, and
the foregoing Lease for and on behalf
WITNESS my hand and Notarial Seal this day of
1989.
(SEAL)
(Written Signature)
(Printed Signature)
My commission expires:
I am a resident of
County, Indiana.
This instrument was prepared by Richard L. Hill, Parker & Jaicomo, 205
West Jefferson Boulevard, South Bend, Indiana 46601
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EXHIBIT "A"
PERMITTED ENCUMBRANCES
EXHIBIT B
LEASE PAYMENT SCHEDULE
South Bend Redevelopment Authority
$4,895,000 TIF Lease Rental Bonds of 1990
Semi - Annual
Lease Payments - Amounts
7/31/91
295,500
1/31/92
295,500
7/31/92
295,500
1/31/93
295,500
7/31/93
295,500
1/31/94
295,500
7/31/94
295,500
1/31/95
295,500
7/31/95
315,500
1/31/96
315,500
7/31/96
343,000
1/31/97
343,000
7/31/97
344,500
1/31/98
344,500
7/31/98
355,000
1/31/99
355,000
7/31/99
358,500
1/31/00
358,500
7/31/00
358,500
1/31/01
358,500
7/31/01
358,500
1/31/02
358,500
7/31/02
358,500
1/31/03
358,500
7/31/03
358,500
1/31/04
358,500
7/31/04
358,500
1/31/05
358,500
7/31/05
374,500
1/31/06
374,500
7/31/06
374,500
1131107
374,500
7131107
374,500
1/31/08
374,500
7/31/08
374,500
1/31/09
374,500
7/31/09
374,500
1/31/10
374,500
7/31/10
374,500
1/31/11
374,500
7/31/11
374,500
1/31/12
374,500
EXHIBIT C
PROJECT DESCRIPTIONS
The Project consists of the following:
(1) The construction of Niles Avenue Parking and Landscaping
Improvements (Phase IV) in the City of South Bend consisting of the
reconstruction and partial widening of a portion of Niles Avenue for
a total distance of approximately 1,300 linear feet and the
construction of . new curbs, walks and traffic islands along with
on- street and off - street public parking areas, trees, lighting,
drainage, striping and appurtenant work, all of such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Starting at a point on the West right -of -way line of
Niles Avenue, one hundred thirty -two (132) feet South
of the South right -of -way line extended of Washington
Street continuing North along said West right -of -way
line to a point one hundred sixty -five (165) feet North
of the North right -of -way line of LaSalle Avenue,
thence East a distance of sixty six (66) feet to a
point along the East right -of -way line of Niles Avenue
one hundred sixty -five (165) feet North of the North
right -of -way line of LaSalle Avenue, thence South along
said East right -of -way line to a point one hundred
thirty two (132) feet South of the South right -of -way
line of Washington Street, thence West a distance of
sixty -six (66) feet back to the starting point.
and
The following as described as being in the West half of
the Northeast Quarter, Section Twelve (12), Township
Thirty -Seven (37) North, Range Two (2) East, in
Cottrell's Addition, City of South Bend, St. Joseph
County, Indiana:
Commencing at the northeast corner of Part
Lot 5; thence due south for 131.79 feet;
thence west for 60 feet; thence due north at
the south right -of -way line of Washington
Street vacated for 132.27 feet; thence east
for 70 feet back to the point of beginning.
EXHIBIT C
PROJECT DESCRIPTIONS
The Project consists of the following:
s
(1) The construction of Niles Avenue Parking and Landscaping
Improvements (Phase IV) in the City of South Bend consisting of the
reconstruction and partial widening of a portion of Niles Avenue for
a total distance of approximately 1,300 linear feet and the
construction of new curbs, walks and traffic islands along with
on- street and off - street public parking areas, trees, lighting,
drainage, striping and appurtenant work, all of such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Starting at a point on the West right -of -way line of
Niles Avenue, one hundred thirty -two (132) feet South
of the South right -of -way line extended of Washington
Street continuing North along said West right -of -way
line to a point one hundred sixty -five (165) feet North
of the North right -of -way line of LaSalle Avenue,
thence East a distance of sixty six (66) feet to a
point along the East right -of -way line of Niles Avenue
one hundred sixty -five (165) feet North of the North
right -of -way line of LaSalle Avenue, thence South along
said East right -of -way line to a point one hundred
thirty two (132) feet South of the South right -of -way
line of Washington Street, thence West a distance of
sixty -six (66) feet back to the starting point.
and
The following as described as being in the West half of
the Northeast Quarter, Section Twelve (12), Township
Thirty -Seven (37) North, Range Two (2) East, in
Cottrell's Addition, City of South Bend, St. Joseph
County, Indiana:
Commencing at the northeast corner of Part
Lot 5; thence due south for 131.79 feet;
thence west for 60 feet; thence due north to
the south right -of -way line of Washington
Street vacated for 132.27 feet; thence east
for 70 feet back to the point of beginning.
EXHIBIT C
PROJECT DESCRIPTIONS
c9
The Project consists of the following:
(1) The construction of Niles
Avenue Parking
and Landscaping
Improvements (Phase IV) in the City
of South Bend consisting of
the
reconstruction and partial widening
of a portion of
Niles Avenue
for
a total distance of approximately 1,300 linear
feet and
the
construction of new curbs, walks
and traffic islands along
with
on- street and off - street public
parking areas,
trees, lighting,
drainage, striping and appurtenant work, all of such
construction
and
related improvements to be made
on the following
described
real
estate acquired or to be acquired by
the Authority:
Starting at a point on the West right -of -way line of
Niles Avenue, one hundred thirty -two (132) feet South
of the South right -of -way line extended of Washington
Street continuing North along said West right -of -way
line to a point one hundred sixty -five (165) feet North
of the North right -of -way line of LaSalle Avenue,
thence East a distance of sixty six (66) feet to a
point along the East right -of -way line of Niles Avenue
one hundred sixty -five (165) feet North of the North
right -of -way line of LaSalle Avenue, thence South along
said East right -of -way line to a point one hundred
thirty two (132) feet South of the South right -of -way
line of Washington Street, thence West a distance of
sixty -six (66) feet back to the starting point.
(2) The construction of Madison Street Parking and Landscaping
Improvements consisting of the reconstruction and partial widening of
a portion of Madison Street for a total distance of approximately 335
linear feet and the construction of new curbs, gutters, parking
areas, walks, and the addition of trees, lighting, drainage, striping
and appurtenant work, such construction and related improvements to
be made on the following described real estate acquired or to be
acquired by the Authority:
Starting at a point along the North right -of -way line
of Madison Street, four hundred sixty -seven (467) feet
West of the point of intersection of said North
right -of -way line and the West right -of -way line of
Niles Avenue, thence East along said North right -of -way
line to said point of intersection; thence South along
said West right -of -way line a distance of eighty two
and one -half (82.5) feet to the point of intersection
with the South right -of -way line of Madison Street;
thence West along said South right -of -way line a
distance of four hundred sixty -two (462) feet to a
point; thence Northwesterly along a line a distance of
sixty two (62) feet, more or less back to the starting
point.
. s
(3) The construction of Washington Street Parking and
Landscaping Improvements consisting of the reconstruction and partial
widening of a portion of Washington Street for a total distance of
approximately 320 linear feet including rehabilitating and relaying
the existing brick roadway and the construction of new concrete
curbs, gutters, parking areas, walks, traffic islands and addition of
trees, lighting, drainage, striping and appurtenant work, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Starting at the point along the North right -of -way of
Washington Street extended, 14 feet West of the
intersection of the East right -of -way line of Niles
Avenue and the North right -of -way line of Washington
Street, thence East along said North right -of -way line
a distance of 373 feet to a point 14 feet East of the
point of intersection with the West right -of -way line
of Hill Street, thence South parallel to said West
right -of -way line a distance of eighty two and one -half
(82.5) feet to the point of intersection with the South
right -of -way line of Washington Street extended, thence
West along said South right -of -way line to a point 14
feet West of the point of intersection with said East
right -of -way line of Niles Avenue; thence North
parallel to said East right -of -way line back to the
starting point.
:4
(4) The construction and installation of the Riverbank Lighting
Project consisting of the installation and improvement of
approximately 36 light fixtures, poles and bases situated along a
public pathway of approximately 4,560 feet on the western river bank
of the St. Joseph River extending from the LaSalle Avenue Bridge to
approximately Monroe Street, including the installation of conduits,
wires, conductors, electric panels and kiosks necessary for the
completion of the project including trenching, necessary removal of
asphalt pavement, concrete, rubble, trees, brush and other
obstructions, tree trimming, fill work as required and construction
of a concrete path at Pier Park, required brick removal, such
construction, installation and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Commencing at the southwest corner of Lot 1 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, range 2 east; thence west along the
north side of Jefferson Boulevard for 290.00 feet to
the point of beginning; thence northwest for 111.26
feet, thence northwest for 129.18 feet, thence
northwest for 146.45 feet, thence northwest for 124.87
feet, thence souteast running along the east side of
the St. Joseph River for approximately 380.00 feet,
also being the north side of Jefferson Boulevard,
thence east for 145.00 feet back to the point of
beginning; and
Commencing at the southeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the northwest corner
of Tract 3 in the River Bend Addition and situated in
the east half (1/2) of the northwest quarter (1/4) of
section Twelve (12), Township 37 north, range 2 east;
thence southeast for 140.00 feet, thence southeast for
250.79 feet, thence due south along the radius for
117.8 feet, thence southeast for 122.42 feet, thence
southeast for 134.06 feet, thence northeast for 74.66
feet, thence northwest for 113.4 feet, thence west for
1 ;r
29.7 feet, thence northwest for 17.27 feet, thence
northeast for 27.47 feet, thence north for 45.54 feet,
thence northwest for 64.38 feet, thence northwest for
38.49 feet, thence southwest for 24.41 feet, thence
northwest for 178.5 feet, thence northeast for 10.75
feet, thence northwest for 34.2 feet, thence southwest
for 10.75 feet, thence northwest for 57.6 feet, thence
north for 83.94 feet, thence west for 95 feet back to
the point of beginning; and
Commencing at the northeast corner of Madison Street
and Lincolnway east, also being the southeast corner of
Tract 8 (Key #34 -83) in the River Bend Addition and
situated in the west half (1/2) of the southeast
quarter (1/4) of Section Twelve (12), Township 37
north, Range 2 east; thence 399.68 feet along the East
line of said tract to the point of beginning; thence S.
52 ° 07142" west, 190.00 feet, thence north 46 ° 02106"
west, 180.00 feet, thence north ' 65 ° 47'18" west, 460
feet, thence north 38 ° 42'21" west, 236.98 feet, thence
north 70 ° 06'30" west, 50.00 feet, thence north
04 ° 39138" west, 40.00 feet, thence north 65 ° 42129"
east, 10.00 feet, thence north 25 ° 39'11" west, 425.12
feet, thence' north 25 ° 46'29" west, 232.03 feet, thence
north 53 ° 10'13" west, 108.76 feet, thence north 25*
55132" west, 90.64 feet, thence north 19 ° 47'16" west,
156.66 feet, thence north 87 ° 40'09" east, 94.06 feet,
thence south 28'5915011 east, 145.12 feet, thence south
23 ° 06'10" east, 140.73 feet, thence south 26 ° 26'27"
east, 149.84 feet thence south 20 °04137" east, 152.26
feet, thence south 22 ° 53'19" east, 167.55 feet, thence
south 34 ° 56'19" east, 224.42 feet, thence south
31 °26114" east, 157.37 feet, thence south 45 °43142"
east, 161.61 feet, thence south 6404712611 east, 159.34
feet, thence south 68 ° 04'55" east, 228.93 feet, thence
south 76 ° 10'38" east, 234.62 feet back to the point of
beginning; and
Commencing at the northeast corner of Colfax (U.S. 20)
and St. Joseph Street, also being the southeast corner
of Lot 91 in the River Bend Addition and situated in
the west half (1/2) of the northwest quarter (1/4) of
Section Twelve (12), Township 37 north, Range 2 east;
thence northwest 228.43 feet along the east
right -of -way line of St. Joseph Street, thence north
87.18 feet along the east right -of -way line of St.
Joseph Street, thence southeast for 108.76 feet, thence
southeast for 430.00 feet along the St. Joseph River
back to the point of beginning.
(5) The construction of Morris Civic Plaza Improvements
consisting of the reconstruction ' of existing improvements and the
construction of new improvements including the partial demolition of
the existing plaza, relocation of existing sculpture, the
construction and installation of seating areas, irrigation system,
lighting, walkways, sculpture bases, planters, the rehabilitation of
existing fountain and brick work areas, landscaping, drainage and
appurtenant work, such construction and installation and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
A part of the Northwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Commencing at the Northeast corner of the Michigan
Street and Colfax Avenue right -of -ways; thence due
North a distance of 264 feet, thence Southwest along
the North -South curb on the East side of Michigan
Street to the North right -of -way line of Colfax Avenue,
a distance of 284 feet; thence due East a distance of
45 feet back to the point of beginning.
and
A part of the northwest quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, St. Joseph
County, Indiana, described more particularly as
follows:
Beginning at the intersection of the East boundary of
North Michigan Street and the North boundary of East
Colfax Street; thence North 89 degrees 39 minutes 37
seconds East a distance of 244.07 feet; thence North 20
degrees 24 minutes 52 seconds West a distance of 53.52
feet;
thence Northwesterly a
distance
of
153.59 feet
along
an arc to the left and
having a
radius of 243.98
feet and
subtended by a long
chord having
a bearing of
North
38 degrees 26 minutes
55 seconds
West and a
length
of 151.07 feet; thence North
56
degrees 28
minutes
59 seconds West a
distance
of
96.35 feet;
thence
Northwesterly a distance
of 56.94
feet along an
�4
arc to the left and having a radius of 148.28 feet and
subtended by a long chord having a bearing of North 69
degrees 59 minutes 03 seconds West and a length of
56.59 feet; thence South 00 degrees 28 minutes 59
seconds East a distance of 242.50 feet to the place of
beginning. Said tract contains 39,958 square feet
(0.917 Acres), more or less.
(6) The construction of the Howard Park Wall Project consisting
of the removal and replacement of the existing wall boardering Howard
Park and the St. Joseph River for a distance of approximately 1,000
linear feet including the capping of the foundation of the existing
wall, the installation of riprap along the base of the wall and the
construction of a new four feet high wall and repair and /or
replacement of the walkway along the wall and appurtenant work, such
construction and related improvements to be made to the following
described real estate acquired or to be acquired by the Authority:
Commencing at the northwest corner of Lot 4 in Heck's
Addition, also situated in the west half (1/2) of the
northeast quarter (1/4) of Section Twelve (12),
Township 37 north, Range 2 east; thence southeast along
the east side of the St. Joseph River for approximately
1200 feet to the southeast corner of Lot 19, thence
north for 20 feet, thence northwest parallel to the
east side of the St. Joseph River for approximately
1200 feet, the north line of Lot 4, thence west for 20
feet back to the point of beginning.
(7) The construction of the Rink Riverside Walkway Project
consisting of the construction of an. eight foot wide concrete and
timber walk and its incidental riverbank support system along the top
of the eastern bank of the St. Joseph River which will connect the
termination point of the existing portion of the Riverbank Trail to
the north with the Colfax Avenue sidewalk, a distance of
approximately 280 feet to the southeast including the construction of
a ground level sidewalk west and north to the southwest corner of the
Rink Riverside Building, a distance of approximately 230 linear feet
and the construction of a structural wood deck walkway from the
southwest corner of the Rink Riverside Building north to the existing
wooden deck of the LaSalle- Sycamore Walkway, a distance of
approximately 140 feet supported by a system of pilings and piers on
the Riverbank and appurtenant work along with the removal of a 100
foot high brick smokestack and such other required related
improvements and landscaping, such construction and related
improvements to be made to the following described real estate
acquired or to be acquired by the Authority:
That part of the northwest quarter of Section 12, T. 37
N., R. 2 E. and that part of Lots 4, 5, 6, 7, 8 and 9
in the "Original Plat of the Town of Lowell" as
recorded in the records of St. Joseph County, Indiana,
and a part of Lot #4 in "Miller's Subdivision" as being
recorded in the records of said County which is
described as: Beginning at a point on the north line
of Colfax Avenue which is west (assumed bearing) ,
100.00 feet from the west line of Sycamore Street;
thence northwesterly along a line 10 feet easterly of
the easterly bank of the St. Joseph River to the south
line of LaSalle Street; thence west along the south
line of said LaSalle Street, 25.00 feet; thence
southeasterly 15.00 feet west of and parallel with the
east bank of the St. Joseph River to a point 25.00 feet
west of the point of beginning; thence east, 25.00 feet
to the point of beginning.
(8) The construction of the Viewing Park Project consisting of
the continuation of the existing 8 foot walkway along the eastern
Riverbank to connect into the sidewalk along Sample Street for a
total linear distance of approximately 2700 feet and the improvement
and paving of the driveways and parking areas in Viewing Park,
incidential required lighing, landscaping and appurtenant work, all
of such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
The Southeast Quarter of Section Twelve (12), Township
Thirty -seven (37) North, Range two (2) East, City of
South Bend, St. Joseph County, Indiana.
Beginning at the Southeast corner of Lot 213 of Heck's
Addition and the easterly edge of the waters of the St.
Joseph River; thence meandering Southeasterly and South
along said Easterly water's edge to the point of
intersection with the North right -of -way line of Sample
Street projected; thence Northeast along said projected
North right -of -way line of Sample Street to the West
right -of -way line of Northside Boulevard; thence
Northwesterly and North along said West right -of -way
line of Northside Boulevard to the East lot line of Lot
213 of Heck's Addition; thence South along said East
lot line a distance of fifteen (15) feet, more or less,
back to the point of beginning. The total area of the
project site is approximately 6 acres.
(9) The construction of Central Business District Curbs and
IL Sidewalk Improvements consisting of replacement and reconstruction of
desiganted curbs and sidewalks in the City of South Bend as follows:
(a) The sidewalk section located in front of the City parking
lot on Lafayette Street containing 825 sq. ft. of area and a curb
section of 55 linear feet, such construction and related improvements
to be made on the following described real estate acquired or to be
acquired by the Authority:
City parking lot: Commencing at the southeast corner of
lot 393; thence south for 55 feet, thence east for 15
feet, thence north for 55 feet, thence west for 15 feet
back to the point of beginning.
A
M11
(b) The sidewalk section located at 228 Lafayette Street
containing 600 sq. ft. of area and a curb section of 40 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence west for 15 feet, thence north for 40
feet, thence east for 15 feet, thence south for 40 feet
back to the point of beginning.
14
(c) The sidewalk section located at 228 Lafayette Street
containing 795 sq. ft. of area and a curb section of 53 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
228 Lafayette: Commencing at the southwest corner of
Lot 244; thence north 65 feet to the point of
beginning; thence west for 15 feet; thence north for 53
feet, thence east for 15 feet, thence south for 53
feet, back to the point of beginning.
A
(d) The sidewalk section located at the City approach on
Lafayette Street between the Valley American Bank property and the
Bath Building property containing 210 sq. ft. of area, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
City Approach: Commencing at the southwest corner of
Lot 244; thence south for 14 feet; thence west for 15
feet, thence north for 14 feet, thence east for 15 feet
back to the point of beginning.
(e) The sidewalk section located at 312 West Colfax Avenue
containing 1,235 sq. ft. of area and. a curb section of 35 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
312 West Colfax: Commencing at the northwest corner of
Lot 385; thence north for 19 feet, thence east for 65
feet, thence south for 19 feet, thence west for 65 feet
back to the point of beginning.
14
(f) The sidewalk section located at 135 North Lafayette Street
containing 1,900 sq. ft. of area and. a curb section of 100 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
135 N. Lafayette: Commencing at the northeast corner
of Lot 385; thence south for 19 feet, thence west for
100 feet, thence north for 19 feet, thence east for 100
feet back to the point of beginning.
LI
A
(g) The sidewalk section located at the Colfax Theatre sidewalk
containing 532 sq. ft. of area and a curb section of 38 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Colfax Theater: Commencing at the southwest corner of
Lot 228; thence south for 14 feet, thence east for 38
feet, thence north for 14 feet, thence west for 38 feet
back to the .point of beginning.
11
.KI
(h) The sidewalk section located at the Christman Building
starting on Colfax and continuing north on Main Street containing
4,986 sq. ft. of area and a curb section of 356 linear feet, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Christman Building: Commencing at the southeast corner
of Lot 228; thence west for 144 feet, thence north for
14 feet, thence east for 129 feet, thence north for 198
feet, thence east for 15 feet, thence south for 212
feet back to the point of beginning.
C
(i) The sidewalk section located at the South Bend Parking Lot
CW on Main Street starting at the southeast corner of Lot 225 containing
5,490 sq. ft. of area and a curb section of 378 linear feet, such
construction and related improvements to be made on the following
described real estate acquired or to be acquired by the Authority:
Park & Lock Parking Lot: Commencing at the southeast
corner of Lot 225; thence north for 198 feet, thence
west for 165 feet, thence north for 14 feet, thence
east for 180 feet, thence south for 212 feet, thence
west for 15 feet back to the point of beginning.
:1
(j) The sidewalk section located at the City approach commencing
at the northeast corner of Lot 226 on. Main Street containing 210 sq.
ft. of area, such construction and related improvements to be made on
the following described real estate acquired or to be acquired by the
Authority:
City Approach: Commencing at the northeast corner of
Lot 226; thence north for 14 feet, thence east for 15
feet, thence south for 14 feet, thence west for 15 feet
back to the point of beginning.
LI
11
(k) The sidewalk section located at 113 East Washington Street
containing 675 sq. ft. of area and a curb section of 45 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Business Systems -113 E. Washington: Commencing at the
southwest corner of Lot 18; thence west for 5 feet,
thence south for 15 feet, thence east for 45 feet,
thence north for 15 feet, thence west for 40 feet back
to the point of beginning.
.LI
(1) The sidewalk section located at 101 North Michigan Street
containing 1,170 sq. ft. of area and a curb section of 78 linear
feet, such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Fanny Mae's - 101 N. Michigan: Commencing at the
southeast corner of Lot 18, thence west for 78 feet,
thence south for 15 feet, thence east for 78 feet,
thence north for 15 feet back to the point of
beginning.
11
(m) The sidewalk section located at 125 West Colfax Avenue
containing 272 sq. ft. of area and a curb section of 16 linear feet,
such construction and related improvements to be made on the
following described real estate acquired or to be acquired by the
Authority:
Summit Bank - 125 W. Colfax: Commencing at the
southwest corner of Lot 7; thence west for 17 feet,
thence south for 16 feet, thence east for 17 feet,
thence north for 16 feet back to the point of
beginning.
Ld
c
(n) The sidewalk section located at the southeast corner of
CW Lafayette Street and Jefferson Boulevard containing 2,920 sq. ft. of
area and a curb section of 198 linear feet, such construction and
related improvements to be made on the following described real
estate acquired or to be acquired by the Authority:
Trigon Building - Corner of Lafayette
and Jefferson:
Commencing at the Northwest corner of
Lot
270;
thence
East for 82.5 feet, thence North for
15
feet,
thence
West for 99.5 feet, thence South for
99
feet,
thence
east for 17 feet; thence north for 84 feet
back
to the
point of beginning.
L-J
IL
10. The acquisition by purchase or condemnation of vacant
I►` parcels of real estate in the City of South Bend needed for
redevelopment purposes, the location and legal descriptions of said
parcels being as follows:
(a) 417 East South Street
LEGAL DESCRIPTION
A parcel of land in the East
Half of
the Southwest Quarter of
Section 12, Township 37
North,
Range 2
East, City of South
Bend,
Portage Township, St.
Joseph
County,
Indiana, being the
West
35.00 feet of Lot 4 of
Jodan's
Subdivision, as recorded in
Book
3, Page 12, at the St.
Joseph
County
Recorder's office in
South
Bend, Indiana, and described
as
follows:
or
covenants of
Commencing at the Northeast corner of Lot 1 in Jodon's
Subdivision, also being the South right -of -way line of an 11.00
foot alley and the West right -of -way line of Fellows Street;
thence South 00 °00100" West (bearing assumed), 165.00 feet along
said West right -of -way line; thence South 89 °42143" West, 97.16
feet to the Point of Beginning; thence South 00 ° 00'00" West,
55.09 feet to the North right -of -way line of South Street; thence
South 89 ° 42'43"
West, 34.84 feet along
said North
right -of -way
Irw line to the East right -of -way line of an
11.00
foot
alley; thence
North 00 ° 00' 03"
East, 55.09 feet along
said
East
right -of -way
line; thence North
89 °42140" East, 34.84 feet
to
the Point of
Beginning and
containing 0.0441 acres,
more
or
less, and is
subject to all
easements, restrictions
and
or
covenants of
record.
(b) 509 South Rush Street
LEGAL DESCRIPTION
A parcel of land in
the West half
of the Southeast
Quarter of
Section 12, Township
37 North, Range
2 East, City of
South Bend,
Portage Township, St. Joseph County, Indiana, also
being the
South part of Lot 17
of John Rush's
lst Addition, as
recorded in
Book 2, Page 53, at
the St. Joseph
County Recorder's
office in
South Bend, Indiana,
and described as
follows:
West,
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley and the south
right -of -way line of Monroe Street; thence North 89 ° 38'43" East
(bearing assumed), 110.00 feet along said South right -of -way
line; thence South 00 ° 01'28" East, 103.30 feet to the Point of
Beginning;
thence
North 89 ° 38'43" East, 54.95 feet to the
West
r right -of -way line
of Rush Street; thence South
00 °01154"
East,
63.00 feet
along
said West right -of -way line
to the
North
right -of -way line
of a 12.50 foot alley; thence
South 89 ° 41'40"
West, 54.96
feet along said North right -of -way line;
thence
North
00 ° 01'28"
West,
62.96 feet to the Point of
Beginning
and
containing
0.0795
acres, more or less, and is
subject to all
easements,
restrictions and or covenants of record.
(c) 520 South Fellows Street
LEGAL DESCRIPTION
A parcel
of land in
the West
Half of
the Southeast Quarter of
Section 12, Township
37 North,
Range 2
East, City of South Bend,
Portage
Township, St. Joseph
County,
Indiana, also being the
Northerly
29.00 feet
of Lot 2
of John Rush's 1st Addition as
recorded
in Book 2,
Page 53 at
the St.
Joseph County Recorder's
office in
South Bend,
Indiana, and described as follows:
Commencing at an iron on the Northwest corner
of Lot 2, also
being the intersection of the South right -of -way
line of Monroe
Street and the east Right -of -way line of Fellows
Street; thence
South 00 °00100" West (bearing assumed), 38.00 feet along said
East right -of -way line to the Point of Beginning;
thence North
89-4114011 East, 55.00 feet; thence South 00'0010011
West, 29.00
Wfeet; thence South 89 °41140" West, 55.00 feet
to the East
right -of -way line of Fellows Street; thence North
00 ° 00' 00" East,
29.00 feet along said East right -of -way line to
the Point of
Beginning and containing 0.0366 acres, more or
less, and is
subject to all easements, restrictions and or
covenants of
record.
ti,1.,l
(d) 522 South Fellows Street
LEGAL DESCRIPTION
A parcel
of land in
the West
Half o
the Southeast Quarter of
Section 12, Township
37 North,
Range 2
East, City of South Bend,
Portage
Township, St. Joseph
County,
Indiana, also being the
middle 33.00
feet of Lot 2
of John
Rush's 1st Addition as
recorded
in Book 2,
Page 53 of
the St.
Joseph County Recorder's
office in
South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the South right -of -way line of Monroe Street and
the East right -of -way line of Fellows Street; thence South
sw 00 °00'00" West (bearing assumed), 67.00 feet along said East
right -of -way line to the Point of Beginning; thence North
8904114011 East, 55.00 feet; thence South 00 ° 00'00" West, 33.00
feet; thence South 89 °41'40" West, 55.00 feet to the East
right -of -way line of Fellows Street; thence North 00 ° 00'00" East,
33.00 feet along said East right -of -way line to the Point of
Beginning and containing 0.0417 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
�A
(e) 618 Columbia Street
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being a part of Lot 8 of Birdsell Mfg.
Co. Subdivision as recorded in Book 1, Page 48 at the St. Joseph
County Recorder's office in South Bend, Indiana and described as
follows:
Commencing at an iron on the Northwest corner of Lot 9 in
Birdsell Mfg. Co.'s Subdivision and also being on the East
right -of -way line of Columbia Street; thence South 00 ° 00'05" West
(bearing assumed), 47.00 feet along said East right -of -way line
to the Point of Beginning; thence North 88 ° 21' 17" East, 134.70
feet to the west right -of -way line of a 10.00 foot alley; thence
South 00 °00105" West, 40.00 feet along said West right -of -way
line; thence South 88 ° 21'17" West, 134.70 feet to the East
right -of -way line of Columbia Street; thence North 00 ° 00' 05"
East, 40.00 feet along said East right -of -way line to the Point
of Beginning, and containing 0.1237 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(f) 516 South Rush Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being part of Lots
11 and 12 of John Rush's 1st Addition, as recorded in Book 2,
Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the North right -of -way line of a 12.50 foot alley
and the East right -of -way line of Rush Street; thence South
00 °01154" East (bearing assumed), 29.50 feet along said East
right -of -way line to the Point of Beginning; thence North
89 040141" East, 110.00 feet; thence South 00 °01154" East, 30.50
feet; thence South 89 °40141" West, 110.00 feet to the East
right -of -way line of Rush Street; thence North 00 ° 01'54" West,
30.50 feet along said East right -of -way line to the Point of
Beginning, and containing 0.0770 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(g) 630 Lincolnway East
LEGAL DESCRIPTION
A parcel of
land in
the West Half of the Southeast
Quarter of
Section 12,
Township
37 North, Range 2 East, City of
South Bend,
Portage Township, St.
Joseph County, Indiana, being
part of Lot
21 of John
Rush's 1st Addition, as recorded in Book
2, Page 53,
at the St.
Joseph
County Recorder's office in South Bend,
Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 ° 01'54" East, 94.53 feet; thence North 89 ° 41'40" East,
73.79 feet to the Point of Beginning; thence continuing North
89 °41140" East, 80.09 feet to the Southwesterly right -of -way line
of Lincolnway; Thence South 37 °21140" East, 40.66 feet along said
Southwesterly right -of -way line; thence South 89 °41140" West,
92.75 feet; thence South 00 ° 01'54" East, 39.03 feet to the North
right -of -way line of South Street; thence South 89 ° 41'40" West,
12.00 feet along said North right -of -way line; thence North
00 °01154" West, 71.47 feet to the Point of Beginning, and
containing 0.0796 acres, more or less, and is subject to all
easements, restrictions and or covenants of record.
(h) 525 South Fellows Street
LEGAL DESCRIPTION
A parcel of land in the East Half of the Southwest Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being Lot 1 of
Jodan's Subdivision, as recorded in Book 3, Page 12, at the St.
Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Beginning at an iron on the Northeast corner of Lot 1 in said
Jodon's Subdivision, also being the South right -of -way line of an
11.00 foot alley and the West right -of -way line of Fellows
CW Street; thence South 00 °00100" West (bearing assumed), 55.00 feet
along said West right -of -way line; thence South 89 ° 37'23" West,
132.00 feet to the East right -of -way line of an 11.00 foot alley;
thence North 00 ° 00' 03" East, 55.00 feet along said East
right -of -way line to the South right -of -way line of an 11.00 foot
alley; thence North 89 ° 37'23" East, 132.00 feet along said South
right -of -way line to the Point of Beginning, and containing
0.1667 acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
11
11. The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes, the payment of expenses that the
Redevelopment Commission is required or permitted to pay under
IC 8 -13 -18.5 and the clearance of said parcels of real estate, the
locations and legal descriptions of said parcels being as follows:
G
14
.W
(a) 530 South Fellows Street
LEGAL DESCRIPTION
A parcel
of land in
the West
Half of
the Southeast Quarter of
Section 12, Township
37 North,
Range 2
East, City of South Bend,
Portage
Township, St. Joseph
County,
Indiana, also being the
middle 45.64
feet of Lot 5
of John
Rush's 1st Addition as
recorded
in Book 2,
Page 53 at
the St.
Joseph County Recorder's
office in
South Bend,
Indiana, and described as follows:
Commencing at an iron on the Northwest corner of Lot 5, also
being the South right -of -way line of a 12.50 foot alley and the
East right -of -way line of Fellows Street; thence South 00 ° 00'00"
West, 30.86 feet along said East right -of -way line to the Point
of Beginning; thence North 89 °41140" East, 55.00 feet; thence
South 00 ° 00'00" West, 45.64 feet; thence South 89 ° 41'40" West,
55.00 feet to the East right -of -way line of Fellows Street;
thence North 00 ° 00'00" East 45.64 feet along said East
right -of -way line to the Point of Beginning, and containing
0.0576 acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
(b) 528 South Fellows Street
LEGAL DESCRIPTION
A parcel
of land in
the West
Half of
the Southeast Quarter of
Section 12, Township
37 North,
Range 2
East, City of South Bend,
Portage
Township, St. Joseph
County,
Indiana, also being the
Northern
30.86 feet
of Lot 5
of John
Rush's 1st Addition as
recorded
in Book 2,
Page 53 at
the St.
Joseph County Recorder's
office in
South Bend,
Indiana, and described as follows:
Beginning at an iron on the Northwest corner of Lot 5, also being
the intersection of the East right -of -way line of Fellows Street
and the south right -of -way of a 12.50 foot alley; thence North
89 °41140" East (bearing assumed), 55.00 feet along said South
right -of -way line; thence South 00 ° 00'00" East, 30.86 feet;
thence South 89 ° 41'40" West, 55.00 feet to the East right -of -way
line of Fellows Street; thence North 00 ° 00'00" East, 30.86 feet
along said East right -of -way line to the Point of Beginning, and
containing 0.0390 acres, more or less, and is subject to all
easements, restrictions and or covenants of record.
G
IF
(c) 505 South Rush Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being the middle
part of Lot 17 of John Rush's 1st Addition as recorded in Book 2,
Page 53, at the St. Joseph County Recorder's office, in South
Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley and the south
right -of -way line of Monroe Street; thence North 89 ° 38'43" East
(bearing assumed), 110.00 feet along said South right -of -way
line; thence South 00 ° 01'28" East, 69.30 feet to the Point of
Beginning; thence North 89 °38143" East, 54.95 feet to the West
right -of -way line of Rush Street; thence South 00 °01154" East,
34.00 feet along said West right -of -way line; thence South
89 ° 38'43" West, 54.95 feet; thence North 00 ° 01'28" West, 34.00
feet to the Point of Beginning, and contains 0.0429 acres, more
or less, and is subject to all easements, restrictions and or
covenants of record.
G
(d) 524 East Monroe Street
LEGAL DESCRIPTION
A parcel
of land in the West
Half of
the Southeast Quarter of
Section
12, Township 37 North,
Range 2
East, City of South
Bend,
Portage
Township, St. Joseph
County,
Indiana, being the
North
part of
Lot 17 of John Rush's
1st Addition,
as recorded in
Book
2, Page
53, at the St. Joseph
County
Recorder's office in
South
Bend, Indiana, and described as
follows:
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley, and the South
right -of -way line of Monroe Street; thence North 89 ° 38'43" East
(bearing assumed), 110.00 feet along said South right -of -way line
to the Point of Beginning; thence continuing North 89 ° 38'43"
East, 54.94 feet to the West right -of -way line of Rush Street;
thence South 00 ° 01'54" East, 69.30 feet along said West
right -of -way line; thence South 89 ° 38143" West, 54.95 feet;
thence North 00 ° 01'28" West, 69.30 feet to the South right -of -way
line of Monroe Street and the Point of Beginning, containing
0.0874 acres, more or less, and is subject to all easements,
restructions and or covenants of record.
mom
(e) 520 East Monroe Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being Lot 16 of
John Rush's 1st Addition, as recorded in Book 2, Page 53, at the
St. Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley, and the South
right -of -way line of Monroe Street; thence North 89 ° 38'43" East
(bearing assumed), 55.00 feet along said South right -of -way line
to the Point of Beginning; thence continuing North 89 ° 38'43"
East, 55.00 feet along said South right -of -way line; thence South
00 ° 01' 28" East, 166.26 feet to the North right -of -way line of a
12.50 foot alley; thence South 89 ° 41'40" West, 55.00 feet along
said North right -of -way line; thence North 00 ° 01'28" West, 166.20
feet to the South right -of -way line of Monroe Street and the
Point of Beginning, containing 0.2099 acres, more or less, and is
subject to all easements, restrictions, and covenants of record.
(f) 514 East Monroe Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, also being Lot 15
of John Rush's 1st Addition, as recorded in Book 2, Page 53, at
the St. Joseph County Recorder's office in South Bend, Indiana,
and described as follows:
Commencing at the Northwest corner of Lot 15, also being the East
right -of -way line of a 14.00 foot alley and the South
right -of -way line of Monroe Street; thence North 89 ° 38'43" East
(bearing assumed), 55.00 feet along said South right -of -way line;
thence South 00 ° 01'28" East, 166.20 feet to the North
right -of -way line of a 12.50 foot alley; thence South 89 °41140"
West, 55.00 feet along said North right -of -way line to the East
right -of -way line of a 14.00 foot alley; thence North 00 ° 01'28"
West, 166.15 feet along said East right -of -way line to the South
right -of -way line of Monroe Street, also being the Point of
Beginning and containing 0.2098 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
A
(g) 512 East Monroe Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 27 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being Lot 3 of John
Rush's 1st Addition as recorded in Book 2, Page 53, at the St.
Joseph County Recorder's office in South Bend, Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 2, also being the
intersection of the East right -of -way line of Fellows Street and
the South right -of -way line of Monroe Street; thence North
8903814311 East (bearing assumed), 55.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89o38'4311 East, 55.00 feet along said South right -of -way
line; thence South 00 ° 00'00" East, 166.09 feet to the North
right -of -way line of a 12.50 foot alley; thence South 89 ° 41'40"
West, 55.00 feet along said North right -of -way line; thence North
00 °00100" West, 166.05 feet to the South right -of -way line of
Monroe Street and the Point of Beginning, and containing 0.2097
acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
(h) 502 East Monroe Street
LEGAL DESCRIPTION
A parcel of
land in the West
Half of the Southeast
Quarter of
Section 12,
Township 37
North,
Range 2 East, City of
South Bend,
Portage Township, St.
Joseph
County, Indiana, also
being the
North 38.00
feet of Lot
2 of John Rush's 1st Addition
as recorded
in Book 2, 'Page
53 at the St.
Joseph County Recorder's
office in
South Bend,
Indiana, and
described 'as follows:
Beginning at the Northwest corner of Lot 2, also being the East
right -of -way line of Fellows Street and the south right -of -way
line of Monroe Street; thence North 89 ° 38'43" East (bearing
assumed), 55.00 feet along said South right -of -way line; thence
South 00 ° 00'00" West, 38.04 feet; thence South 89 ° 41'40" West,
55.00 feet to the East right -of -way line of Fellows Street;
thence North 00 ° 00'00" East, 38.00 feet along said East
right -of -way line to the Point of Beginning, and containing
0.0480 acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
(i) 413 -415 East South Street
LEGAL DESCRIPTION
A parcel of land in the East
Section 12, Township 37 North,
Portage Township, St. Joseph
40.00 feet, of Lot 4 of Jodan's
3, Page 12, at the St. Joseph
Bend, Indiana, and described as
Half of the Southwest Quarter of
Range 2 East, City of South Bend,
County, Indiana, being the middle
Subdivision, as recorded in Book
County Recorder's office in South
follows:
Commencing at the Northeast corner of Lot 1, also being the
South
right -of -way line of an 11.00 foot alley and the
West
right -of -way line of Fellows Street; thence South 00 ° 00'00"
West
(bearing assumed), 165.00 feet along said West right -of -way
line;
thence South 89 °42'43" West, 57.32 feet to the Point of
Beginning; thence South 00 °00'00" West, 55.09 feet to the
North
right -of -way line of South Street; thence South 89 °42143"
West,
39.84 feet along said North right -of -way line; thence
North
00 ° 00'03" East, 55.09 feet; thence North 89 ° 42'40" East,
39.84
feet to the Point of Beginning, and containing . 0.0504 acres,
more
or less, and is subject to all easements, restrictions and or
covenants of record.
(j) 310 East South Street
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being platted as Denniston & Fellows
Addition as recorded in Book 2, Page 48, at the St. Joseph County
Recorder's ' office in South Bend, Indiana and described as
follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
Street; thence south 89 ° 39'47" East (bearing assumed), 141.50
feet along said South right -of -way line to the Point of
Beginning; thence continuing South 89 °39147" East, 50.00 feet
along said South right -of -way line; thence South 00 ° 00' 00" East,
115.50 feet to the North right -of -way line of a 14.00 foot alley;
thence North 89 ° 39147" West, 50.00 feet along said North
right -of -way line; thence North 00 ° 00'00" West, 115.50 feet to
the South right -of -way line of South Street and the Point of
Beginning, and containing 0.1326 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(k) 620 -622 Lincolnway East
LEGAL DESCRIPTION
A parcel of land in
the West
Half of the Southeast
Quarter of
Section 12, Township
37 North,
Range 2 East, City of
South Bend,
Portage Township, St.
Joseph
County, Indiana, being
part of Lot
14 and 21 of John Rush's
1st Addition, as recorded
in Book 2,
Page 53, at the St.
Joseph
County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way of a 12.50 foot alley; thence North 89 ° 41'40"
East (bearing assumed), 165.00 feet along said South right -of -way
line to the Point of Beginning; thence continuing North 89 ° 41'40"
East, 82.06 feet along said South right -of -way line to the
Southwest right -of -way line of Lincoln Way; thence South
37 ° 21'40" East, 56.16 feet along said Southwest right -of -way
line; thence South 71 °41140" West, 31.43 feet; thence South
89 ° 41'40" West, 86.28 feet; thence North 00 ° 01'54" West, 54.53
feet to the South right -of -way line of a 12.50 foot alley and the
Point of Beginning, containing 0.1245 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(12) The acquisition by purchase or condemnation of parcels of
real estate and improvements thereon in the City of South Bend needed
for redevelopment purposes and the rehabilitation of the parcels of
real estate and improvements, the locations and legal descriptions of
said parcels being as follows:
(a) 618 Lincolnway East
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being part of Lots
19 and 20 of John Rush's 1st Addition, as recorded in Book 2,
Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the Southwest corner of Lot 18, also being the East
right -of -way line of Rush Street, and the North right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East 100.00 feet
along said North right -of -way line to the Point of Beginning;
thence North 00 °01154" West, 40.00 feet; thence North 89 °41'40"
East, 110.11 feet to the West right -of -way line of Lincolnway;
thence South 37 ° 21'40" East, 50.12 feet to the North right -of -way
line of a 12.50 foot alley; thence South 89 ° 41'40" West, 140.50
feet along said North right -of -way line to the Point of
Beginning, and containing 0.1151 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
�,..;,
(b) 626 Lincolnway East
LEGAL DESCRIPTION
A parcel of land in
the West
Half of the Southeast
Quarter of
Section 12, Township
37 North,
Range 2 East, City of
South Bend,
Portage Township, St.
Joseph
County, Indiana, being
part of Lot
14 and 21 of John Rush's
1st
Addition, as recorded
in Book 2,
Page 53, at the St.
Joseph
County Recorder's office in South
Bend, Indiana, and described as
follows:
Commencing at the Northwest corner of Lot 11, also being the
East right -of -way line of Rush Street and the South right -of -way
line of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
err South 00 ° 01'54" East, 54.53 feet to the Point of Beginning;
thence North 89 ° 41'40" East, 86.28 feet; thence North 71 ° 41'40"
East, 31.43 feet to the Southwesterly right -of -way line of
Lincolnway; thence South 37 ° 21'40" East, 62.30 feet along said
Southwesterly right -of -way line; thence South 89 ° 41'40" West,
153.89 feet; thence North 00 °01154" West, 40.00 feet to the Point
of Beginning, and containing 0.1315 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(c) 701 East South Street
LEGAL DESCRIPTION
A parcel of land in
the West
Half of the Southeast
Quarter of
Section 12, Township
37 North,
Range 2 East, City of
South Bend,
Portage Township, St.
Joseph
County, Indiana, being
part of Lot
14 and 21 of John Rush's
1st
Addition, as recorded
in Book 2,
Page 53, at the St.
Joseph
County Recorder's office in South
Bend, Indiana, and described as
follows:
Commending at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 °41140" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
South 00 °01154" East, 94.53 feet thence North 89 "41140" East,
35.00 feet to the Point of Beginning; thence continuing North
89 ° 41'40" East, 38.79 feet; thence South 0000115411 East, 71.74
feet to the North right -of -way line of South Street; thence South
89 °41140" West, 38.79 feet along said North right -of -way line;
thence North 0000115411 West, 71.47 feet to the Point of Beginning
and continuing 0.0636 acres, more or less, and is subject to all
easements, restrictions and covenants of record.
(d) 613 East South Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being part of Lot
14 of John Rush's 1st Addition, as recorded in Book 2, Page 53,
at the St. Joseph County Recorder's office in South Bend,
Indiana, and described as follows:
Commencing at the Northwest corner of Lot 11, also being the East
right -of -way line of Rush Street and the South right -of -way line
of a 12.50 foot alley; thence North 89 ° 41'40" East (bearing
assumed), 165.00 feet along said South right -of -way line; thence
IL South 00 ° 01'54" East, 94.53 feet to the Point of Beginning;
thence North 89 ° 41'40" East, 35.00 feet; thence South 00 ° 01'54"
East, 71.47 feet to the North right -of -way line of South Street;
thence South 8904114011 West, 35.00 feet along said North
right -of -way line; thence North 00 ° 01'54" West, 71.47 feet to the
Point of Beginning, and containing 0.0574 acres, more or less,
and is subject to all easements, restrictions and or covenants of
record.
(e) 611 East South Street
LEGAL DESCRIPTION
A parcel of
land in
the West Half of the Southeast
Quarter of
Section 12,
Township
37 North, Range 2 East, City of
South Bend,
Portage Township, St.
Joseph County, Indiana, being
part of Lot
13 of John
Rush's 1st Addition, as recorded in Book
2, Page 53,
at the St.
Joseph
County Recorder's office in South Bend,
Indiana, and
described as follows:
Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way line of a 12.50 foot alley; thence North
89 ° 41'40" East (bearing assumed), 110.00 feet along said South
right -of -way line to the Point of Beginning; thence continuing
North 89 ° 41'40" East, 55.00 feet; thence South 00 ° 01'54" East,
166.00 feet to the North right -of -way line of South Street;
thence South 89 ° 41'40" West, 55.00 feet along said South
right -of -way line; thence North 00 ° 01'54" West, 166.00 feet to
the South right -of -way line of a 12.50 foot alley and the Point
of Beginning and containing 0.2096 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(f) 512 South Rush Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being part of Lots
18 and 19 of John Rush's 1st Addition, as recorded in Book 2,
Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
Commencing at the southwest corner of Lot 18, also being the
North right -of -way line of a 12.50 foot alley and the East
co right -of -way line of Rush Street; thence North 00 ° 01'54" West
(bearing assumed), 40.00 feet along said East right -of -way line;
thence North 89 ° 41'40" East, 100.00 feet; thence South 00 ° 01'54"
East, 40.00 feet to the North right -of -way line of a 12.50 foot
alley; thence South 89 041140" West, 100.00 feet to the East
right -of -way line of Rush Street and the Point of Beginning, and
containing 0.0918 acres, more or less, and is subject to all
easements, restrictions and or covenants of record.
(g) 514 South Rush Street
LEGAL DESCRIPTION
A parcel of land in the West Half of the Southeast Quarter of
Section 12, Township 37 North, Range 2 East, City of South Bend,
Portage Township, St. Joseph County, Indiana, being part of Lots
11 and 12 of John Rush's 1st Addition, as recorded in Book 2,
Page 53, at the St. Joseph County Recorder's office in South
Bend, Indiana, and described as follows:
CO Commencing at the Northwest corner of Lot 11, also being the
intersection of the East right -of -way line of Rush Street and the
South right -of -way line of a 12.50 foot alley; thence North
8904014111 East (bearing assumed), 110.00 feet along said South
right -of -way line; thence South 00 ° 01'54" East, 29.50 feet;
thence South 89 ° 40'41" West, 110.00 feet to the East right -of -way
line of Rush Street; thence North 00 °01154" West, 29.50 feet
along said East right -of -way line of the Point of Beginning and
containing 0.0745 acres, more or less, and is subject to all
easements, restrictions and or covenants of record.
Y' r
(h) 620 South Columbia Street
LEGAL DESCRIPTION
A parcel of land in the Southwest
37 North, Range 2 East, City of S,
Joseph County, Indiana, being
Subdivision, as recorded in Book
County Recorder's office in South
follows:
Quarter of Section 12, Township
Guth Bend, Portage Township, St.
Lot 9 of Birdsell Mfg. Co.
1, Page 48, at the St. Joseph
Bend, Indiana, and described as
Beginning at an iron on the Northwest corner of Lot 9 in Birdsell
Mfg. Co.'s Subdivision and also being on the East right -of -way
line of Columbia Street; thence North 88 ° 21' 17" East (bearing
assumed), 134.70 feet to the West right -of -way line of a 10.00
foot alley; thence South 00 °00105" West, 47.00 feet along said
West right -of -way line; thence South 88 ° 21'17" West, 134.70 feet
to the East right -of -way line of Columbia Street; thence North
0000010511 East, 47.00 feet along said East right -of -way line to
the Point of Beginning and containing 0.1453 acres, more or less,
and is subject to all easements, restrictions and or covenants of
record.
(i) 602 South Carroll Street
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being platted as Denniston & Fellows
Addition as recorded in Book 2, Page 48, at the St. Joseph County
Recorder's ' office in South Bend, Indiana, and described as
follows:
Beginning at an iron at the intersection of the East right -of -way
line of Carroll Street and the South right -of -way line of South
r Street; thence South 89 ° 39'47" East (bearing assumed) , 100.00
feet along said South right -of -way line of South Street; thence
South 00 ° 00'00" East, 53.50 feet; thence North 89 ° 39'47" West,
100.00 feet to the East right -of -way line of Carroll Street;
thence 00 °00107" West, 53.50 feet along said East right -of -way
line of Carroll Street to the Point of Beginning and containing
0.1230 acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
(j) 609 South Columbia Street
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being platted as Denniston & Fellows
Addition as recorded in Book 2, Page 48, at the St. Joseph County
Recorder's office in South Bend, Indiana, and described as
follows:
Commencing at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 °00'00" West (bearing
assumed), 57.75 feet along said West right -of -way line to the
Point of Beginning; thence continuing South 00 ° 00'00" West, 57.75
feet along said West right -of -way line to the North right -of -way
line of a 14.00 foot alley; thence North 89 ° 39'47" West, 45.25
feet along said North right -of -way line; thence North 00 ° 00' 00"
East, 57.75 feet; thence South 89 ° 39'47" East, 45.25 feet to the
West right -of -way line of Columbia Street and the Point of
Beginning and containing 0.0600 acres, more or less, and is
subject to all easements, restrictions and or covenants of
record.
(k) 320 East South Street
LEGAL DESCRIPTION
A parcel of land in the Southwest Quarter of Section 12, Township
37 North, Range 2 East, City of South Bend, Portage Township, St.
Joseph County, Indiana, being platted as Denniston & Fellows
Addition as recorded in Book 2, Page 48, at the St. Joseph County
Recorder's office in South Bend, Indiana, and described as
follows:
Beginning at an iron at the intersection of the South
right -of -way line of South Street and the West right -of -way line
of Columbia Street; thence South 00 ° 00'00" West (bearing
assumed), 57.75 feet along said West right -of -way line; thence
CW North 89 ° 39'47" West, 45.25 feet; thence North 00 ° 00'00" East,
57.75 feet to the South right -of -way line of South Street; thence
South 89 ° 39147" East, 45.25 feet along said South Street
right -of -way line to the Point of Beginning, and containing
0.0600 acres, more or less, and is subject to all easements,
restrictions and or covenants of record.
IL
ADDENDUM TO LEASE
SOUTH BEND REDEVELOPMENT AUTHORITY
TO
SOUTH BEND REDEVELOPMENT COMMISSION
THIS ADDENDUM, made and entered into this day
of
1989, by and between the South Bend
Redevelopment Authority, a body corporate and politic organized and
existing under Indiana Code 36 -7 -14.5 (hereinafter with its
successors and assigns referred to as the "Authority "), and the South
Bend Redevelopment Commission, the governing body of the South Bend
CW Department of Redevelopment and the Redevelopment District of South
Bend, Indiana (hereinafter called the "Lessee "),
WITNESSETH:
In consideration of the mutual covenants herein contained,
it is agreed that the Lease ( -
previously entered into between said parties as of the first day of
shall be amended as follows:
1. Rental Payments. The Lessee agrees to pay rental for
said premises at the rate of
Dollars
($ ) per year during the term of the Lease. Rental
installments shall be payable under the terms and conditions as
-1-
provided in
said Lease
in semiannual
installments of
Dollars ($
) on
and
of each year.
Validity.
The parties
hereto acknowledge
that all remaining
terms, covenants
and conditions
as set.'forth in the
Lease between the
parties hereto and executed
as of the first day
of October, 1989
shall remain in full
force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Addendum to Lease to be executed for and on their behalf on the day
and year first hereinabove written.
A
ATTEST:
Secretary- Treasurer
ATTEST:
, Secretary
SOUTH BEND REDEVELOPMENT AUTHORITY
By:
President
SOUTH BEND REDEVELOPMENT COMMISSION
By:
President
-2-
-3-
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, the undersigned,
a Notary Public in and for
said
State, personally appeared
and
personally known by me to be the
President and Secretary- Treasurer,
respectively, of the South Bend Redevelopment Authority,
and
acknowledged the execution of the
foregoing Addendum to Lease for
and
on behalf of said Authority.
WITNESS my hand and Notarial
Seal this day of
,
1989.
(Written Signature)
(Printed Signature)
(SEAL)
My commission expires:
I am a resident of
County, Indiana.
-3-
11
STATE OF INDIANA
SS:
COUNTY OF
Before me, the undersigned,
a notary public
in and for said
State, personally appeared
known by me to
and
be the President
and Secretary,
personally
respectively, of
the South Bend Redevelopment
Commission, and
acknowledged the
execution of the
foregoing Addendum
to Lease for and
on behalf of said
Commission.
WITNESS my hand and Notarial Seal this day of
1989.
(SEAL)
My commission expires:
I am a resident of
-4-
(Written Signature)
(Printed Signature)
County, Indiana.
it �'
. ` 8928 412
c,
RESOLUTION NO. 896
RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT
COMMISSION CONFIRMING RESOLUTION NO. 889
DECLARING AN AREA IN THE CITY OF SOUTH BEND
AS AN ECONOMIC DEVELOPMENT AREA AND
APPROVING A DEVELOPMENT PLAN FOR SAID AREA
t.
WHEREAS, the City of South Bend Redevelopment Commis-
..., �
A
sion ( "Commission "), governing body of the City of South Bend
k
adopt
Department of Redevelopment, did on September 8, 1989 p
Resolution No. 889 approving a development plan for the
Brick /Olive Economic Development Area (the "Plan "); and
WHEREAS, the Commission has, together with the Area
Plan Commission of St. Joseph County, Indiana, taken various
actions with respect to the said Area, including declaration of
such Area as an allocation area pursuant to I.C. §36- 7- 14 -•39
and designation of such Area as an economic development area
pursuant to I.C. §36- 7- 14 -41; and
WHEREAS, as required by statute, the Commission must,
after hearing and consideration of remonstrances and objec-
tions, and after considering the evidence presented, take final
action with respect thereto; and
WHEREAS, the Commission now desires to take such
confirmatory action in accord with I.C. §36- 7- 14 -17.
NOW, THEREFORE, be it resolved by the South Bend
Redevelopment Commission, governing body of the City of South
Bend Department of Redevelopment, that the actions referred to
dP the Whereas clauses hereof, including Resolution No. 889,
C� o
.cz
UJ
•� ttt
U li...
C
are in all things approved, ratified and confirmed, and that
the projects referred to in the Plan and Resolution No. 889 are
determined to be of public utility and benefit.
Adopted the 17th day of October, 1989.
Roman Piasecki, Secretary
This document prepared by Mark C. Krcmaric, Attorney -at -Law,
Barnes & Thornburg, 600 1st Source Center, South Bend, Indiana
46601.
8054M
-2-
Y
Exhibit A to
Resolution No. 896
Brick /Olive Economic Development Area
Findings of Fact
October 17, 1989
The South Bend Redevelopment Commission has conducted a study of
the Brick /Olive Economic Development Area (Area) and has found that
the lack of economic development in the Area cannot be corrected by
regulatory process or by the ordinary operations of private
enterprise without resorting to the Indiana Redevelopment Law, IC
36- 7 -14 -1, et. seq. The Brick /Olive Economic Development Area
( "Area "), has been zoned "D ", Light Industrial, for many years.
However, lack of roadway access and utilities have deterred normal
development and occupancy for land that otherwise is an excellent
location for development.
Once needed public improvements are in place, the Redevelopment
Commission expects that this area will provide a prime opportunity
for new private development.
General public benefits will include:
1. The private development of vacant land through the creation of
developable sites.
2. An increase in the local tax base.
3. The creation of new employment opportunities for citizens of
South Bend.
Specific, measurable benefits, include, but are not limited to, the
following:
1. The attraction of a major retail outlet mall, which will
include construction of a new 100,000 s.f. building.
2. The creation of approximately 50 full time and 20 part time
jobs.
3. Approximately $4,700,000 of new private investment in the area.
4. The private development of approximately 20 acres in the area.
AM KCP:ml /e