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HomeMy WebLinkAbout05-13-2019 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: MAY 9, 2019 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, May 13, 2019: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, FERLIC 1. Bill No. 19-34- Economic Development Revenue Bonds 2018 (Cedar Glen) 2. Bill No. 19-35- Resolution to Approve of the Written Order of the Area Plan Commission Regarding the Proposed Tax Increment Finance (TIF) Area Realignment 4:00 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, VOORDE 1. Update: Public Works Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works & Property Vacation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, T. SCOTT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, May 13, 2019 7:00 P.M. 1. INVOCATION- HOPE MINISTRIES 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:______ 8. BILLS ON THIRD READING TIME:______ 9. RESOLUTIONS BILL NO. 19-19 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1545 S. OLIVE STREET, SOUTH BEND, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOLDING PLASTICS, LLC 19-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS SERVICES, INC 19-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF 2 SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CBK LAND DEVELOPMENT, LLC 19-29 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NE CORNER OF ADAM ROAD AND U.S. 31 BYPASS, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE IV, LLC 19-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 24605 CLEVELAND ROAD, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR 31 NIMTZ LAND, LLC 19-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH RESPECT TO CERTAIN PROPOSED ECONOMIC DEVELOPMENT REVENUE BONDS AND RELATED MATTERS 19-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDED AND RESTATED DEVELOPMENT PLANS FOR THE RIVER EAST DEVELOPMENT AREA, THE RIVER WEST DEVELOPMENT AREA, THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS ON FIRST READING BILL NO. 12-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 13-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 3 14-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 15-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS 11. UNFINISHED BUSINESS BILL NO. 19-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405, 1423, 1507, & 1511 ELWOOD AVENUE 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson John Voorde, Member Gavin Ferlic, Vice-Chairperson Jo M. Broden, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member Karen L. White, Vice-Chairperson John Voorde, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Jake Teshka, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Jake Teshka, Vice-Chairperson John Voorde, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member John Voorde, Vice-Chairperson Jo M. Broden, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott, Member Jake Teshka, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev.01-10-19) TIM SCOTT, 1ST District Council Member President Information and Technology Committee, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Public Works & Property Vacation, Vice-Chair Information & Technology Committee, Member Utilities Committee, Member Residential Neighborhoods Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Member Personnel and Finance Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member PARC Committee, Vice-Chairperson Information and Technology Committee, Member Sub-Committee on Minutes, Member OLIVER J. DAVIS, 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Information & Technology Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson JOHN VOORDE, AT LARGE Council Member Chairperson, Committee of the Whole Public Works & Property Vacation, Chairperson Community Relations Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Personnel and Finance Committee, Vice-Chairperson Health and Public Safety Committee, Member Filed in Clerk's Office APR 0 3 2019rl'y KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IBJ_ rug; CITY OF SOUTH BEND COv1MU \ ITY INVESTMENT Council Member Gavin Ferlic, Chairperson April 3, 2019 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Molding Products, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition,Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase additional mixing capacity and upgrade the storage vessels for raw materials. The company is located on 1545 S. Olive Street, South Bend. The report contains the Department's findings relative to the above petition. Molding Plastics will be purchasing and installing new equipment with an estimated cost of$5,000,000. The project meets the qualifications for a (5) five-year personal property tax abatement and a representative from Molding Products will be available to meet with the Committee on Monday,April 8th, 2019. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-95823. Sincerely, D 1 Buckenmeyer Director Economic Resources&Business Development DANTELJ.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER Tim CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECOxONIIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 19-19 TAX ABATEMENT REPORT TO: South Bend Common Council FROM: Angelina Billo SUBJECT: Personal Property Tax Abatement Petition For: Molding Products. LLC DATE:April 1, 2019 On April 1,2019 a petition for personal property tax abatement consideration for property located at 1545 S.Olive Street,South Bend,was filed with the City Clerk by Molding Products,LLC.Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Molding Products produces Thermoset Composite Sheet Molding Compound (SMC) that is molded by their customers into end-use products ranging from bathtubs to Corvette outer body panels.The process requires various powders and liquid resins to be blended according to precise recipes. The current business is limited by capacity of the mixing system. This project will add additional mixing capacity and upgrade the storage vessels for raw materials. The company has already spent more than$5mm building an addition to their existing facility and is seeking City support to assist with rising project costs and keep the project viable for the community. Total estimated cost of capital equipment is approximately $5,000,000. The equipment will include tanks,mixers,pumps,mixer blades and folk lifts. Petitioner is qualified for a five-year personal property tax abatement. Total taxes phased-in during a (5) five-year abatement period are estimated at $52,331. New project taxes will be $342,169. Total taxes to be paid over five years on the new and existing equipment are estimated at$687,630.Note that increased tax revenue will also be generated by the present real property improvements. EMPLOYMENT IMPACT Per this petition, the company will retain forty-five (45) full-time jobs with an annual payroll of 1,684,800. It is estimated that the business will create twenty(20)new, permanent full-time positions and zero (0)part-time positions with an annual payroll of$748,800 within the next four years. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner, Molding Products, LLC has not been granted or associated with any previous abatement. 2. The Area Plan Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commissioner has reviewed the petition and finds no building permit was issued. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5)five-year personal property tax abatement under section 2-84.2,Tangible Personal Property Tax Abatement. in 0000 0 tflN NONtor` o 0 s- to co -4- C) C) C) D a) 0000 C) CO N-- CD 0 0 O O V O 0O N OC) CO COCO N N - M O 0 0 0 o N O N N O N X :O rt O M N N Oell '-• ti ` (n V 0 0 1 0) 0) O Z (O (a - m C) C) C) CO t. iv O O O O co C) OC O O O H a 0 N 0 0 (O CL C) O to (YJ OD N-N-O O O N O 1` O O NJ N.M n 0tl) , V- Lc) LO CO COCO r N N N N o () CO CV O a) OMC) OOu7 (.- N- 0 0 0 U) O O O 0 O C) x V C) O C)O N O 0 V) IC CO N N to t() 0 C) C) C) CO C) O h u') O N- N. 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E c d d cu E N 0 -- u>75Wa) a) (n 0 cn u) 0 LL U co m (/) co C (n ` It) 0m _1 Q CD 0 Filed in Clerk's Office BILL NO. 19-19 APR 0 3 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1545 S. Olive Street, South Bend, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Molding Plastics, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1545 S. Olive Street, South Bend, Indiana, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned and be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 95% Year 3 - 85% Year 4 - 75% Years - 65% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Cies k's Office 1 7 PR u i 2019 City of South Bend Petition for Incentives EEM Qwt. R 11/oquflq gi$ 0 filing fee payable to the City Clerk's Office or online via the City's website at TYRK, Ah'n /n,g v/government/content/tax-abatement before processing can be complete General Information Project Name MP Expansion Phase I Project Number Legal name as registered with Secretary of Molding Products LLC.State Business structure Limited Liability Company Company website www.molding-products.com Proposed Project Information Proposed project address 1545 S.Olive Street Parent company name IP Corporation City,State,Zip South Bend, IN 46619 Legal owner Jim Wallenfelsz Site acreage or acreage required 1 acre Is the real estate owned or Leased leased Square feet of facility 15,000 If leased by whom Northfolk&Southern Primary Contact Information Primary company contact name Troy Wade Title Vice President&General Manager Address of company contact 1545 S.Olive Street Phone 574-404-5512 City,State,Zip South Bend, IN 46619 Email twade@molding-products.com Senior Official Information Company senior offIcial name Reagan Stephens Title Chief Operating Officer Address of company contact(if different from 1225 Willow Lake Blvd. Phone 651-481-6855 above' City,State,Zip St. Paul, MN 55110 Email rstephens©ipcorp.com Consultant Information/Agent Hired business consultant/agent name Consultant release(YIN) Address Local economic development partners approval(Y/N) City,State,Zip Email I Project Overview Brief description of your company,project,and why the Molding Products produces fiberglass reinforced composite property Is necessary for intermediate that is molded by their customers into composite partseconomicgrowth such as the Corvette outer body panels. The process requires various powders and liquid resins to be blended according to precise recipes. The current business is limited by capacity of the mixing system. This project will add additional mixing capacity and upgrade the storage vessels for raw materials. Certified Technology Park appropriate Is the project in a Tax incremental financing Mf 1 area? If so.which? Certify that the Building Permit has not been Number of residential units created by issued IY/NI mutest If this is a petition for personal property tax abatement,has the equipment been installed Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased in What Is the value of any equipment being site of project in dollars) received? Indiana for the project? purchased from out of state for the project? New Project Investments Calendar Year 2019 2020 2021 2022 2023 2024 2025 2026 Land Acquisition 12,000 00 S 12,000 00 $12,000.00 5 12,000 00 $12,000 00 S 12,000 00 $12,000 00 $12,000 00 Building Lease Payments Building Purchase Costs New Building Construction S 4,400,000 00 Existing Building Improvements New Machinery&Equipment 5,000,000 00 Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software 50,000 00 On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 5 9,462,000 00 $12,000.00 $12,000 00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative 9 of net NEW full time Hourly average wage,w/o Total training Total ft to be wage w/o permanent jabs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2019 45 518/Hr-075,000 7 18/Hr-$75,000 $5,000 7 2020 8 18/Hr-$75,000 S6,000 8 2021 5 18/Hr-S75,000 $4,000 5 2022 2023 2024 2025 2026 2027 2028 2029 2030 Provide hourly wage Information for new employees in the following positions. Full time Part time Laborers 15 Technical 5 Managerial Administrative Who will be the individual responsible for coordinating with WorkOne on recruiting? Neal Hinds Does your company have an EEO hiring policy? Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your Year outreach and recruitment efforts for the last 2016 2016 2016 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black 12 14 15 Molding Products is an Equal Opportunity Hispanic Employer It's policy to comply with those laws 3 2 3 in all respects Therefore,it's a violation of Company Policy to discriminate against anAsian111individualunlawfullybecauseofanyofthe following:Race,Color,Religion,Sex,orIndian1Nationalorigin,Disability,Age and any other Female status protected by law This policy also 3 3 4 applies to hiring compensation and all other terms,conditions,and privileges of Other employment Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available Points you qualify for the points,please enter the full amount of available ( yes or No) points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) No 0 20 C. Require Employees vs.Independent Contractors No 0 19 D. Require Prevailing Wage(Davis Bacon) Yes 22 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits No 0 18 G. Maintain Affirmative Action Plan No 0 20 Sub-total Construction Related: 64 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits No 0 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 15 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage&Benefit Related: 95 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub-total Workforce Related: 152 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) No 0 84 Name of Facility Molding Products LLC ISub-total Municipal Facility: a 84 Sub-total from Above: 311 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municip Cocfp Sec. 76 et seq.,forothis peti'on state the above. Submitted By: Troy Wade ///' i _4 t e: 3/23/19 1 For Staff Use Only Below This Line What is the current assessed value? Real Property: Personal Property: C, ,J'2 D f,` p What is the projected assessed value? Real Property: Personal Property: J What is the tax key number for this project? r ._ OM' 1 J/w f-7 z ' o What is the six dig-rtNAILS code? r ,99/ 7 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One v y7-,k rc+ ',c ', 4„, j Year Two r' n/ 70 /9Z'l e61 Year Three 6'1-7 y J y / Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. JV or Nj Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects{point values are cumulative): A. 100%to 199% 1 25 B 200%to 299% 68 C. 300%to 399% 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 1' 539 Total from Staff Section: 461 Total Public Benefit Points:3.'7'( 1000 Filed in Clerk's Office cu"'^,,. STATEMENT OF BENEFITS APR 01 2019 FORM SB-1 /PP yy 4 PERSONAL PROPERTY 0 State Form 51764(R4/11-15) Prescribed by the Department of Local Government Finance KAREEMAH FOWLER PRIVACY NOTICE Diit ICITYCLERK,SOUTH BENDA information concerning the cost oe property and specific salaries paid to individual employees by the property owner is confidential per IC 6-1.1-12.1-5.1 INSTRUCTIONS 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment for which the person desires to claim a deduction. 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule Form 103-ERA)with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must be filed between January 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must file the form between January 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved,must submit Form CF-1/PP annually to show compliance with the Statement of Benefits. IC 6-1.1-12.1-5.6) 5. For a Form SB-1/PP that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/PP that is approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect. (iC 6-1.1-12.1-17) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Name of contact person Molding Products LLC Troy Wade Address of taxpayer(number and street,city,stale,and ZIP code) Telephone number 1545 S. Olive Street 46619 574-404-5512 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number(s) Molding Products LLC Location of property County DLGF taxing district number 1545 S. Olive Street 46619 St. Joeseph Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE Use additional sheets if necessary) Manufacturing Equipment 1/1/19 12/31/19 R tx D Equipment 1/1/19 12/31/19 Tanks, Mixers, Motors, Pumps, mixer blades, Fork Lifts, Carbonized t Logist Dist Equipment 1/1/19 12/31/19 IT Equipment 1/1/19 12/31/19 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retainec Salaries Number adcitional Salaries 45 18/$75000 45 18/575,000 20 18/75 000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE:Pursuant to IC 5-1.1-12.1-5.1 (d)(2)the EQUMANUFACTURING LOGIST DISTR8DEQUIPMENT EQUIPMENT IT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 3.0MM Plus estimated values of proposed project 5.5MM Less values of any property being replaced Net estimated values upon completion of project $8.5MM SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) 240 Tons Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. S tune of euthprize representative Date signed(month,day,year) 5 ' ll/ 1 WVIU9I/4-1-19 Printed name of authorized representative Title Troy D.Wade Vice President&General Manager Page 1 of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations asauthorizedunderIC6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The date this designation expires is NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1 . Installation of new manufacturing equipment; Yes N o 0 Enhanced Abatement per IC 6-1.1-12.1-18 2. Installation of new research and development equipment; Yes N o Check box if an enhanced abatement was 3.Installation of new logistical distribution equipment. Yes N o approved for one or more of these types. 4. Installation of new information technology equipment;Yes N o C.The amount of deduction applicable to new manufacturing equipment is limited to$ cost with an assessed value of One or both lines may be filled out to establish a limit,if desired.) D.The amount of deduction applicable to new research and development equipment is limited to$ cost with an assessed value of One or both lines maybe filled out to establish a limit,if desired.) E. The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of One or both lines may be filled out to establish a limit,if desired.) F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of One or both lines may be filled out to establish a limit,if desired.) G. Other limitations or conditions(specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction Is allowed for: Year 1 0 Year 2 Year 3 0 Year 4 0 Year 5 Enhanced Abatement per IC 6-1.1-12.1-18 Number of years approved: Year 6 0 Year 7 Year 8 Year 9 Year 10 Enter one to twenty(1-20)years;may not exceed twenty(20)years.) I. For a Statement of Benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and havedeterminedthatthetotalityofbenefitsissufficienttojustifythedeductiondescribedabove. Approved by:(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by:(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that Is less than the number of years designated under IC 6-1.1-12.1-17. IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 • of this chapter an abatement schedule based on the following factors: 1)The total amount of the taxpayer's investment in real and personal property. 2)The number of new full-time equivalent jobs created. 3)The average wage of the new employees compared to the state minimum wage. 4)The infrastructure requirements for the taxpayer's investment. b)This subsection applies to a statement of benefits approved after June 30,2013.A designating body shall establish an abatement schedule for each deduction allowed under this chapter.An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule maynotexceedten(10)years. c)Art abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2of2 Filed in Clerk's OffiCe APR 0 3 2019 KAR FCIti/1 H Ft}'vVLER1t, CITYCLF lK SOUT62; 9 END,IN CITY OF SOUTH BEND CO AMU \ ITY INVEST1IE\T Council Member Gavin Ferlic, Chairperson April 3, 2019 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Chase Plastics Services, Inc. Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition,Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity at their distribution center at 5245 Dylan Drive, South Bend. The report contains the Department's findings relative to the above petition. Chase Plastics will be purchasing and installing new equipment. The total project cost for the equipment is estimated at$823,000. The project meets the qualifications for a(5)five-year personal property tax abatement and a representative from Chase Plastics Services will be available to meet with the Committee on Monday,April 8th, 2019. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-95823. Sin •rely, 1. Daniel :ucke eyer Director Economic Resources&Business Development DANIELJ.BUCKENMEYER ALKEYN.A ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 19-21 TAX ABA TEME, T REPOR T TO: South Bend Common Council FROM:Angelina Billo SUBJECT: Personal Property Tax Abatement Petition For: Chase Plastics Services, Inc. DATE:April 2, 2019 On March 25,2019 a petition for personal property tax abatement consideration for property located at 5245 Dylan Drive, South Bend,is filed with the City Clerk by Chase Plastics Services, Inc. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Chase Plastics, a leading North American full-service specialty engineering thermoplastics distributor serving plastic processors throughout North and Central America, is planning to purchase and install new equipment at their distribution. Total estimated cost of equipment is approximately$823,000. The equipment will include storage racking, blending equipment and folk lifts. Petitioner is qualified for a five-year personal property tax abatement. Total taxes phased-in during a (5) five-year abatement period are estimated at $25,980. New project taxes will be $21,918. Total taxes to be paid over five years on the new and existing equipment are estimated at$31,859. EMPLOYMENT IMPACT Per this petition,the company will have nineteen(19)full-time jobs with an annual payroll of$775,384 by the end of 2019. It is estimated that in ten years the business will create twelve(12)new,permanent full- time positions and zero(0)part-time positions with an annual payroll of$475,280. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner, Chase Plastics Services, Inc has been granted or associated with one previous abatement. Term/Type Resolution No. Date 5-year personal property 4405-14 11/12/2014 2. The Area Plan Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commissioner has reviewed the petition and finds no building permit was issued. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(5)five-year personal property tax abatement under section 2-84.2,Tangible Personal Property Tax Abatement. C0 OONOOO COOCO V Oct CO d N- 0 CC) N 0) CO CO 6) Cr) O C.0 h h h h 0) o O CD N CO o CO 0 CO (7O a) a) 'al 7:2,p OOf6h CD U) h CO LU U) CO CO Z — @ C) CV Ln C N U) U) U)i h O N M N O) CO 0 COO COO U- V 6) CO (0 CO 2 CD (OO } C)N r U) ti N o M co O ON o U) OU) 000 ca x ) N V MMO OOh (O N O CO M M U) U) H h T N M U)co 33 N (D U) 6) r-- r CO (0 Cl) M (O N N N C)O c6 tri co-e.6 N h N N Q co-(T U) N U) CO N r LU N 5:_s) 0 O o N O O N O o O r U7 O U) - 3 (n <} U) co (T •{ CnhOON- CO 6) U) CO (N N U d N Q) 0!) N CD 6) 6 N CO h M CT CA CO CO CO 6 Z N C) O M aLo O) LU N N V (DN CD CO } Q5 C5 CD CO a' N co U) U) r r E °6 ~ r Q1h CinOVrO0CO a)vE Q ULi>V t ( o X CO tr 111 en a)Oo7 o r 0 0 0 CD o N O N C 0 t y CD CD O Cp 6)V 0 6 N NON N CO 't CD aO CO Z "O CO cohW M 60) 6N) LU @ C/i CD CN (NI CD coCV M M r r a F-- O M O h U) h a) (aV Q)X CO CU (DFS 0 a LCCLza CI) y/Im Q O O o N C CO O 0 CO 0 LO CO O CO CO CO U) N-N N O d' U) O ( CO CO A 6) C X O CO CO CO CO V (O CO Z a D 0+ CD (O O M r r r X F- ( T O C7 (A 6) 6) X L... O C.) O O N Lii 6) @ (U U ( Q U) CLr. O ca -o L c1) ai C (a 7 N O 0 6 r N M V U1 Ta 5 E j U a) CQ CO Ca CO CO 7 (6 E m ° o o ma 7 N d o O O 0 N ai 0 0 0 o Cl) N H >, Cna) oCOChwE'E oX7 .U) j co 7HUw To N o 0 0 07 . ,0 n Q a Ca) U o@ a) a) e.-- D aner ® E 1am0Q) Qm CY c N r o -0YC6tl voi c ~ x Um` a) 03 ; G3 cep pd Ina 330OmEQa) n -. C0 H Y ., (n . 2 U Q gel, C e CC o, aa) a) oO xaa) a0i m C '1 amQ z a 0 m 2z mooU CL ti.i t L EQF— •— v m - N D co 0 7:1 Q Li co LO 7 CO 0 CO o CD c m _I J U LL U Filed in Clerk's Office BILL NO. 19-21 APR 0 3 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Chase Plastics Services, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5245 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: Business Personal Property and which has Key Numbers to be assigned and be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council City of South Bend Petition for Incentives iFp ryi 2119 Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City's website at http://southbendin.gce/government/content/lox-abatementbefore processing can be complete jt: ' ,ti,. -- General Information Project Name Project Numb E%I I Y, i) !r,` Legal name as registered with Secretary of CBK Land Development LLC,Real Property)Chase Plastic Services, Inc.(Personal Property)State Business structure Limited Liability Company/Corporation Company website www.chaseplastics.com Proposed Project Information Proposed project address 5245 Dylan Drive Parent company name Chase Plastic Services, Inc. City,State.Sip South Bend, IN 46628 legal owner CBK Land Development Site acreage or acreage required Is the real estate owned or Ownedleocort19.55 Acres Square feet of facility 1 78,880 sq. ft. addition If leased by whom N/A Primary Contact information Primary company contact name Robert Hoff le Business Process Manager Address of company contact 6467 Waldon Center Dr. phone 248-620-8302 City,State,Zip Clarkston, MI 48346 Email bhoff@chaseplastics.com Senior Offlclatinformation Company senior official esme Kevin Chase Title President Address ofcompany contact(if different from Same as Above phone 248-620-2120above) City,Stale,Zip Same as Above Email kchase@chaseplastics.com Consultant Information/Agent Hired business consultant/agent name Majority Builders,Inc.-Rick Slagle Consultant release Yes Address 62900 U.S. 31 South Local economic development partners YesapprovaltY1N City State,tip South Bend, IN 46614 Email jrick@majoritybuilders.com Project Overview Brief description of your company,project.and why the Chase Plastics is a leading North American lull-service specialty engineering thermoplastic distributor property is necessary for serving plastics processors throughout North and Central America.This application is submitted due to economic growth Chase Plastics'desire to expand its current 126,000 sq.ft distribution center by an additional estimated 80,000 sq.ft. Atter erecting our existing building in 2015,business conditions have put our operation at near capacity causing the need to expand and maximi:a the use at the previously purchased land,With this expansion, vie will add additional!luck duck doors and increase our overall volume by 65%. CHASE PLASTIC SERVICES,INC.WILL CONTINUE TO BE THE TENANT OF THE BUILDING LEASING FROM THE BUILDING OWNER CBK LAND DEVELOPMENT L.I.C.THE OWNERSHIP OF THESE TWO ENT ITiES ARE CLOSELY HELD. Certified Technology Park appropriate Is the project In a Tax Incremental financing jiff)area?It so.whldi? Certify that the BWldleg•Permlt has not been Number of restde ntial units created by issued NY/NI protest If this Is a petition for personal property tax abatement,has the eouipment been Installed Investment Details Public Infrastructure needs(Orf- Has any Sal funding been What is the vaiue of any equipment bang purchased in What is the value of any equipment being site of protect In dollars) received? ndlana lcr the project i purchased from out of state far the protect? New Project Investments Calendar Year 2019 2020 2021 2022 2023 2024 2025 2026 land Acquisition Building lease Payments Building Purchase Casts I New Building Construction Existing Building Improvements S 3,600,000.CO New Machinery d,Equipment 457,000.09 $90,000.00 $53,000,00 $G0,000.00 $1C.300.00 $35,300.00 510,000.00 r 5peclal Tooling/Retooling Now Furniture/Fixtures 8,000.00 2,500.00 5,000.00 New Computer/IT Hardware 20.000.00 $23,000.00 5 10,000.00 10,000.00 New Software 5,000.00 $-3,000.00 10,020 LL 15,000.00 Onsite Rall Infrastructure On-sno Fiber Infrastructure TOTAL s 4.Oo0,000.Oo $124.000 00 $56,500.00 180,000.00 3 10,000.00 $40,000.00 $$5,000.00 $36,000.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained !Total hourly Cumulative,of net NEW full time Hourly average wage,w/o Total training Total p to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2019 18 19.62 1 2020 2 17.00 2021 i 2022 1 19.00 2073 0 17.50 2024 2 19.50 2025 1 20.00 2026 1 18.50 2027 0 2020 2 20.50 2029 1 19.00 2030 1 2.1.00 Provide hourly wage information for new employees in the following positions. Full time Part erne Laborers 17.00 Technical Managerial Administrative 18 50 IIIWhowillbetheindividualresponsibleforcoordinatingwith WorkOne on recruiting? Ones your company have en EEO hiring policy? Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Pleasedescdbe your commitment to ' the last three years; diversity and ktdusfon by detailing Veur yem outreach and recruitment efforts for the last201820182018threeyearseswellascurrentpolicies. Full Time Part rime Full Time PartTlme Full Time PartTlme slack 5 5 5 Hispanic 1 1 1 Asian l Indian Female 4 3 3 i Other t 1----_-.- . Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify gained Paints Avai.latif Points you qualify for the points,please enter the full amount of available ( yes or Na) points. 1 Cons_tructlen Related iContractwsj. A. Employ Local Companies(75%) YES 20 20 B. Purchase Materials from Local Companies(75%) YES 20 20 C. Require Employees vs.Independent Contractors YES 19 19 D. Require Prevailing Wage(Davis Bacon) No 22 E. Require Health Benefits YES 22 I 22 F. Require Pension Benefits NO 18 G. Maintain Affirmative Action Plan YES 20 20 ISub-total Construction Related: 101 _ 141 2 Wece&Benefit Related[Owner': A. Pay Target Wage Levels YES 33 1.1 B, Provide Health Benefits YES 34 34 C. Provide Pension Benefits YES 29 29 D. Provide Training YES 28 28 E. Provide Child Care NO F. Provide Transportation Assistance NO I4 G. Provide Employer Assisted Housing•program NO 9 1 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs YES 42 42 B. Retain Existing lobs YES 41 41 C. Maintain Affirmative Action Plan NO 0 35 n D. Provide Targeted Hiring Preference o 34 Sub-total Workforce Related: 83 152 4 Supgort a Munldpal Faculty: A Support a SB Municipal Facility ldonations to the / C zoo,conservatory,museum,etc.) 7 G 5 84 84 Name of Facility Potawatomi Zoo ISub•total Munldpal Facility: 54 84 Sub-total from Above: 3 5/ 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By:3 Date: 312-z fi 9 For Staff Use Only Below This Line What is the current assessed value? Real Property: 3/1(6...4-- c v o Personal Property: 3 9,7 `,X jWhatIstheprojectedassessedvalue? Real Property: 3 set, ovo Personal Property: c,3 'poo) What is the tax key number for this project? t 0,,, ,6--- —79/0.— Z2/' 2WhatIsthestxdigitNAILScode? VA(6?" re(434.e &a44'(%g.—P ) 93 1 K'°'(e/V(vel 6) Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. 2S.J/ -/r/y Year One y /3 3E7. J 7 J 9 = ,26"7 Year Two aW/Y7 9 c ,5-- _ 3 3C 8( 242// /, y/ Year Three C7 Y2 -' Z1 Y9 a-fJJ t/ j 10/. ///j Year Four i 9_ c7 O c / t 7 Year Five 7f .2/ = . o Please fill out the following Public Benefit Summary Information and add to total from above. JY or N) Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% c2 25 B. 200%to 299% 6-v 68 C. 300%to 399% 6-6'65 D. 400%and Over 52 Sub-total Super Size Projects: 5-j) 210 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: r _ 131 Total from Applicant Section:3 o2. 539 Total from Staff Section: l5-Cr 461 Total Public Benefit Points:S6 1000 I Filed in Clerk's Office STATEMENT OF BENEFITS MAR 2 5 2019 ;FORM 58-1 )PPQjli,) i. PERSONAL PROPERTY Stela Form 61764(R4/11-15) L' • Prescribed by the Department of Local Government Ft nee h - " ' 'PRIVACY NOTICE Try CLERK,SOUTH(?END,I.1 iAny Information concerning the coat of the property end spathe Wanes paid to Individual employees by the property owner Is confidential per IC 6-1.1-12.1-6.1. INSTRUCTIONS y, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing U the designaing body requires Information from the applicant in making Its decision about whether to designate an Economic Revitalization Area. Othorw'se this statement must be submitted to(he designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment for which lire person desires to claim a deduction. 3. To obtain a deduction,a person must Pie a certified deduction schedule with the person's personal property return on a certified deduction schedule Form 103-ERA)with the township assessor of the township where the property Is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must bo filed between January 1 and May 15 of the assessment year In which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or Information technology equipment is Installed end fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must file the form between January 1 end the extended due date of that year. 4. Properly owners whose Statement of Benefits was approved,must submit Form CF-1/PP annually to show compliance with the Statement of Benefits, IC 6.1.1-12.1-5.6) 5. Fore Form SB-1/PP that Is approved alter June 30,2013,the designating body Is required to establish an abatement schedule for each deduction allowed. Fora Form SB-1/PP that is approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect, (IC 6-1.1-12.1-17) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Name of contact person Chase Plastic Services, Inc. Lacie Andrew Address of taxpayer(number end street diy,state and ZIP colo) Telephone number 5245 Dylan Drive South Bend,IN 46628 248-620-7784 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of deslanettng body Resolution number(a) Chase Plastic Services, Inc. Locates of property 1 County DLGF taxing district number 5245 Dylan Drive South Bend, IN 46628 St. Joseph County Description of manufacturing equipment andior research and development equipment ESTIMATED and/of logistical distribution equipment and/or Information technology equipment. START DATE COMPLETION DATEUseadditionalsheetsifnecessary.) Manufacturing Equipment R&D Equipment Racking, Forklifts, Computer technology and material handling equip Loglat Diet Equipment May 2019 March 2020 IT Equipment May 2019 March 202 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salarius Number reia'ned Satares I Numter eddIUonal Salaries 18 847,000 18 847,000 3 520,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE:Pursuant to IC 6-1:1-12.1-6.1(d)(2)the MANUFACTURINGR&D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property Is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED Vl1LUE VALUE VALUE VALUE Current values 830,15! 59,485 Plus estimated values of proposed project 608,U00 y5,000 Less values of any property being replaced Net estimated Values upon completion of protect 1,430.1' p I D4,9dD SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certIfy that the representations In this statement are true. Slgnetyrertrauthdnzed r ntatve----_Date signed(month,day year) lam. P P 3 2-1-MPdnlgd_na o of au dzed ra rceen ave Tlu r C =, Esz- 1,-orF rr..t< i,cs )-( 1 c. Pagel oft FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5,provides for the following limitallons asauthorizedunderIC6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years*(see below).The date this designation expiresIsNOTE:This question addresses whether the resolution contains an expiration dale for the designated area. B. The type of deduction that is allowed in the designated area is limited to; 1.Installation of new manufacturing equipment; Yes N o Enhanced Abatement per IC 6-1.1-12.1-18 2,Installation of new research arid development equipment; Yes N o Check box if an enhanced abatement was 3.Installation of new logistical dialrlbution equipment. ID Y(33 N o approved ionone or more of these types. 4.Installation of new information technology equipment; 0 Yes D N o C.The amount of deduction applicable to new manufacturing equipment is limited to$ cast with ah assessed value of One or both lines may be filled out to establish a limit,If desired:) 10.The amount of deduction applicable to new research and development equipment Is limited to$ cast with an assessed value of One or both lines may be filled out to establish a limit,if desired.) E.The amount of deduction applicable to new logistical distribution equipment Is limited to$- coat with an assessed Value of One or both fines maybe filled out to establish a limit,If desired.) F. The amount of deduction applicable to new information technology equipment Is limited to$ cost with an assessed value of One or both lines may be filled out to establish a limit If desired.) G. Other limitations or conditions(specify) H.The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction Is allowed for Year 1 Year 2 0 Year 3 Year 4 0 Year 5 Enhanced Abatement per 1C 6-1,1-12.1-i8 Year 6 0 Year 7 Year 8 Number of years approved: Year 9 0 Year 10 Enter one to twenty(1-20)years;may not exceed twenty(20)years,) I. For a Statement of Benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177 Yes NoIfyes,attach a copy of the abatement schedule to this form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. Also we have reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and havedeterminedthatthetotalityofbenefitsIssufficienttoJustifythedeductiondescribedabove. Approved by:(signature and Me of authorised member ofdastgnaingbody) Telephone number bn!n slgned(month,day,hoar) Printed name of authorized member of designating body Name of designating body Attested by:(signature end dila al attester) Primed name of attester If the designating body limits the time period during which an area Is an economic revitalization area,that limitation does not limit the length of time e taxpayer is entitled to receive a deduction to a number of years that Is less than the number of years designated under IC 0-1.1-12.1-17. IC 6.1.1-12.1-17 Abatement schedules Sec.17.(a)Adesignating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5ofthischapteranabatementschedulebasedonthefollowingfactors: 1)The total amount of the taxpayers investment In real and personal property. 2)The number of new full-tune equivalent Jobs created. 3)The average wage of the new employees compared to the state minimum wage. 4)The infrastructure requirements for the taxpayer's Investment. b)This subsection applies to a statement of benefits approved alter Juno 30,2013,A designating body shall establish an abatement schedule for each deduction allowed under this chapter.An abatement schedule must specify the percentage amount of the deduction for each year of the deduction.An abatement schedule maynotexceedten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains In effect until the abatement schedule expires under the terms of theresolutionapprovingthetaxpayersstatementofbenefits. Page 2of2 Filed in Clerk's Office rITS 2U1J9 ick' ,fAF r=N AH Ft?WLER CITY CLERK, SOUTH REND, IN CITY OF SOUTH BEND COMMUNITY INVEST AE \T Council Member Gavin Ferlic, Chairperson April 3,2019 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: CBK Land Development,LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for extension of a distribution center as part of the company's planned increase in productive capacity at 5245 Dylan Drive,South Bend. The project cost is approximately$3,500,000. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a (7) seven-year real property tax abatement and a representative from CBK Land Development, LLC will be available to meet with the Committee on Monday, April 8,2019. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sincerely, Daniel :uckenmeyer Director Economic Resources&Business Development DANIEL J.BUCKENMEYER Ai.KEYNAAI I)RIIX)E PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 19-25 TAX ABATEMENTENT REPOR T TO: South Bend Common Council FROM:Angelina Billo SUBJECT: Real Property Tax Abatement Petition For: CBK Land Development LLC DATE:April 1, 2019 On March 25,2019, a petition for real property tax abatement consideration for property located at 5245 Dylan Drive,South Bend,IN was filed with the City Clerk by CBK Land Development,LLC. Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition,investigated the area,and makes the following report. PROJECT SUMMARY Chase Plastics, a leading North American full-service specialty engineering thermoplastics distributor serving plastic processors throughout North and Central America,is planning to expand its current 126,000 sq.ft. distribution center by an additional estimated 80,000 sq.ft. Business conditions have put operations at near capacity causing the need to expand and maximize the use of the previously purchased land.With this expansion,the company will add additional truck dock doors and increase its overall storage capacity by 65%. The estimated project cost is $3.5millon. Petitioner is qualified for a seven-year real property tax abatement. The estimated amount of taxes phased-in for the seven-year abatement is $469,961. Estimated paid taxes paid for the seven-year term are$118,039. Chase Plastics is the only tenant leasing from the ownership entity of CBK Land Development,LLC. The ownership of these two entities are closely related.The company moved into the newly constructed facility in Ameriplex 80/90 area back in 2015.This location is exceptional for a distribution operation. Due to its proximity to the intersection of the Interstate 80/90 and US Highway 31, it allows Chase Plastics to transport goods in all directions in a very efficient manner. EMPLOYMENT IMPACT Per this petition,the company will have nineteen(19)full-time jobs with an annual payroll of$775,384 by the end of 2019.It is estimated that in ten years the business will create twelve(12)new,permanent full- time positions and zero (0)part-time positions with an annual payroll of$475,280. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, CBK Land Development,LLC has been granted or associated with one previous tax abatement. Term/Type Resolution No.Date 10-year real property 4406-14 11/12/2014 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commission has reviewed the petition and finds no building permit was issued. 4. The property is located in the River West Development area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(7) seven-year real property tax abatement under section 2-75 Real Property Tax Abatement General Standards. grl oo 0o d' ror o 00 r ` 0 0p 0 O O lam ppo 0 0 Y 0 00 N N P7 m m-N N N6; o O 0 0 0 0 0 0 0 0 0 0 0 0 888 N U) U) 0 0 O Q 0N NN CoN NU) fV Ngi e'D O O O o o N0,1 0 0 0 U) W 000 !D 0 to00 0 Co Po O O 0 O) 0 6 O p m N N N N W m m m< U) N N e... 0 0 0 0 o U)0.n 0 0 0 0 '.-O O O CD 0 0 o O W y 0 0 W r O O o Nm Nm m 0210 N U) N N d en z g 1 0 N.r UN 0 N. Ofro0o D r r 000 0 o z ,,.m. m8Lmm00omm0Ommra-N CO N V N J ''W Q.0 N N 0 0 Sc D 0 f. O O 0 g 2 O P)Co U)m O C) C .L` k O) 9 000 D) Co_ Co 0 0 ~N OO b to NCp.v t- a)) CD E 3~ r m CO. D N r r m m Q IP:iti Dmma tp Oa.N Q 000 p 000 O 1D O O o 00 O OO N 0000000 O ts LE o 0 8 O N a Ems ) mOmQ. r0 N m W U) t0 O O) in S y Co N N 0 0 n 3 0 1 w J c 0 w CO W t Eo 000 0 f) UI U)O 0 0O. 00Z 0 0a0 0000 O >Y O 0 0 0 tD c 0 0 O U a L O m uN) 3-vm m d~ m GI mcO OD 0',, W@ a Q N ••- a 2 x z W CO F m C g0 O o 0 0 0 0 0 0 C co 0 0 0 0 0 0 0 O N O 0 I-fps{ C 0 > N LU Q D L cmyyCC J n CO U 3-Nt770tD N N a-J a o t ' 88 N Z " a O O 0 0 10 = g rQ m O O r N d E W M O a .- C N 8 CC E If0W to ii y C 5 S i-p COVO SSR 1-1- D\ • E a H E Q G g m F- 12'5 to 15 oz, ix mtod3'i Q $ 2i>t5i 1-i ! w .8q88d QLO -5Th Q QcQQz ay ... m 5.g t9 L C- 0 _, o 01 0 Il 3 Filed in Clerk's Office BILL NO. 19-25 APR 0 3 2019j KAREEMlAH FOWLER RESOLUTION NO. CITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 Dylan Drive, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CBK Land Development, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5245 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Portage Prairie Minor #5 16/17 NP#1787 03-19-2015 15/16 NP#1338 03-07-2014 and which has Key Numbers 025-1010-0169 to be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of seven (7) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 95% Year 3 - 95% Year 4 - 90% Years - 85% Year 6 - 80% Year?-75% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Find in Ciel City of South Bend Petition for Incentives y e': `" c,a - ` 2J19 Petition must Include a$250 filingr, ,fee payable to the City Clerk's Office or online via the City's website of 441hrip;//southbendin.goe/government/content/tax aboiement before processing con be complete r t LER General Information Project Name Project Numbq Ci I 1 legal name as registered with Secretary al CBK Land Development LLC',Real Property)Chase Plastic Services,Inc.(Personal Property)stn. Business structure Limited Liability Company/Corporation Company wetnlle www.cha seplastics.com Proposed Project Information Proposed prolect address 5245 Dylan Drive P.m rompanyname Chase Plastic Services,Inc. City,State.Zlp South Bend, IN 46628 Legal owner CBK Land Development Site acreage or acreage required 9.55 Acres Is the teal estate owned or Ownedteased Square feet of facility 78,$80 sq. ft. addition If tensed by whom N/A Primary Contact Information Primary company contact name Robert Hoff T111e Business Process Manager Address of company contact 6467 Waldon Center Dr. PI1one 248-620-8302 City,State,Zip Clarkston, MI 48346 moil bhoff@chaseplastics.com Senior Official Information Company cantor nmclal name Kevin Chase Title President address of company contest jib dinerentfrom Same as Above pho"e 248-620-2120above) City,State,Sip Same as Above rte'kchase@chaseplastics.com Consultant Information/Agent Hired business ronsuitanlfagent name Majority 6ullders,Inc.-Rh,^.k Slagle Consultant release(y,Ml Yes Address 62900 U.S. 31 South Local economic development partners aowave((Y/Pat Yes City,Slate,Zip South Bend, IN 46614I rick@majoritybuilders.com Project Overview Brief description of yon: company,project,and why the Chase Plastics is a leading North Arnencan full-service specially engineenng thermoplastic distributor property is necessary for serving plastics processors throughout North and Central America.This application is submitted due to r/xxxvik growth Chase Plastics'desire to expand its current 126.000 sq.ft.distribution center by an additional estimated 80,000 sq.ft. After erecting our existing building in 2015,business conditions have put our operation at near capacity causing the Treed to expand and maximize the use of the previously purchased land.With this expansion, we will add additional(suck dock doers and increase our overall volume by 65%. CHASE PLASTIC SERVICES,INC.WILL CONTINUE TO BE THE TENANT OF THE BUILDING LEASING FROM THE BUILDING OWNER CBK LAND DEVELOPMENT LLC.THE OWNERSHIP OF THESE TWO ENTITIES ARE CLOSELY HFI D. Centficd Technology Park appropriate is the project In aTax Incremental Financing JTIF i area?If so.which? Gentry that the Building Permk has nor beenNumber of residential units treat+f_- issued IWNI Iordect If this is a petition for personal property tea abatement,has tire equipment been Installed investment Details Public Infrastructure needs foe. Has any 504 funding been What is the value of any equipment being purchased In Wha tis the value of any equipment Doing site of protect In dollars) received? Indiana for the protect? purchased from out of state for the dialect? Jdew Protect investments Calendar Year 2029 2020 2021 2022 2023 2024 2025 2026 land Acquisition Building Lease Payments Building Purchase Costs New Building Construction Existing Building Improvements S 2,500,000 CO New Machinery 8,Equipment 407,000.00 3 90,023.00 s 53,)20.00 9(0,000.00 $10,020.00 $35,000.00 S 10.000,00 j 3530-.,Oi! Sperlol Tooling/Retooling New Furniture/Fixtures 8,000.00 2,500.00 5,000.00 Maw Computer/1T Hardware 0 20.000,00 $23,000.00 10,000 n0 5 10,000.00 New Software 5,000.00 i 9.,122:;.la I.i,tr;r cu 1 15,000 00 Onsite Rall Infrastructure On-site Fiber Infrastructure TOTAL I 14,000,000M $128,000 00 5 55,500.00 3 80,000.00 $10.000.00 3 40,000.00 $36,000.00 $30,000.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative a ofnct NEW full time Hourly average wage,w/o Total training Total to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new fobs not cumulative bonuses cumulative 2019 18 19.62 1 2020 2 17.00 2021 2022 1 19.00 2023 0 17.50 2024 19.50 2025 1 20.00 2024 18.50 2027 0 2028 2 20.50 2029 1 19.00 2030 1 21.00 Provide hourly wage Information for new employees In the following positions. runtime Pan time Laborers 17.00 Technical Managerial Administrative 18.50 Who will be the indlviauni responsible for coordinating with WorkOrte on Ferrol hoe Ones your company have an EEO hiring polky11 Yes Are you an EEO employer? 1Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and Inclusion by detailing your outreach and recruitment efforts for the lastYear201820182018threeyearsasWellascurrentpolicies. Full Time Part Time Full Time Part limo Full Time Part Time Black 5 5 5 Hispanic 1 I 1 Asian 1 Indian Female 4 3 3 Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available PointsyesorNa) you qualify for the points,please enter the full amount of available points. 1 c9nSttuctlon Relatge(Contractorsl: 4 Employ Local Companies(75%) YES 20 20 3 Purchase Materials from Local Companies(75%) YES 20 20 Require Employees vs.Independent Contractors YES 19 19 Require Prevailing Wage(Davis Bacon) No 22 Require Health Benefits YES 22 22 Require Pension Benefits VO 18 G. Maintain Affirmative Action Plan YES 20 20 Sub-total Construction Related: 101 141 2 Wag 8 Benefit Related(Owner): A. Pay Target Wage Levels YES 33 3j B. Provide Health Benefits YES 34 84 C. Provide Pension Benefits YES 29 29 0. Provide training YES 28 28 E. Provide Child Care NO F. Provide Transportation Assistance NO 14 G. Provide Employer Assisted Housing program NO 9 Sub-total Wage&Benefit Related: 124 152 3 Workforce Related: A. Create New Jobs YES 42 42 B. Retain Existing lobs YES 4 I 41 C. Maintain Affirmative Action Plan No 0 35( 0. Provide Targeted Hiring Preference t o 34 Sub-total Workforce Related: 83 152 4 Support a Municlpai Facility: Support a SB Municipal Facility(donations to the A. coo,conservatory,museum,etc.)YES 84 84 Name of Facility Po(awalo I Sub-total Municipal Facility: as 81 Sub-total from Above:fj 5' The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. 9SubmittedBy: 7 Dattst 13/Zz/( For Staff Use Only Below This Line What Is the current assessed value? Real Property: 3 i(/",c e2 i v Personal Property: 3 y6) What Is the projected assessed value? Real Property: 3 Sri, Dili' Personal Property: 7-,-,7{• poo J What is the tax key number for this project?0, 5-- I Kl5— —O/D _ /' a; What Is the six digit NAILS code? V7C/g ' I(C e & 44 - PP), /93 f(0(C 2 t-W —,E,4)) Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. G ,, s1//,...,-. Year One J /3 56. L. 7 J q = c(7Js oZO/Y lld Year Two 9`b9S - 5 S( - n^i r jr Year Three 252 _ 5:7 A? (,9 2 oGV fJ n / J l ? p y /te Year Four Q _ G'il O q ///Ycar Five 5– ,----J Please fill out the following Public Benefit SummaryInformation and add to total from above. Y or NI Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projectsp point values are cumulative): A. 100%to 199%25 B. 200%to 299% Ery 68 C. 300%to 399% g 65 D. 400%and Over 52 Sub-total Super Size Projects: 5 6 210 7 Pay for Municipal Infrastructure: A Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost L 52 Sub-total infrastructure Related:j U 131 Total from Applicant Section:3 )2. 539 Total from Staff Section: 5--Ci 461 j -Total Public Benefit Points: v , 1000 Filed in Clerk's Office C4\/:STATEMENT OF BENEFITSMAR 2 5 201920PAY20REALESTATEIMPROVEMENTS Slate Form 617n7(R6! 0-94) i i t;_Jfir,,{ RFORM SB-1/Real Property Prescribed by the Department of Local Government Finan E1=idiMt CITY(`.t F..9t.:,< SOUTHIT.1 PF 'D IN PRIVACY NOTICE This statement is being completed for real property that qualifies under the f CITY. Codacheck ono tithe).—'——• My Information concerning the cost Q Redevelopment or rehabilitationtofrealestateimprovements(IC 6-1.1-12,1-4) of thepre xny and splits nby InnpardtoindividualemployeesbytionResidentiallydistressedarea(IC 6-1.1-12,1-4.1) pproperty owner is confidential oar INSTRUCTIONS: IC 6.1.1-121-5.1. 1. This statement must be submrlfed 10 the body designating the Economic Revitalization Aloa prior to the public hearing if the designating body requires InlomatIon from the applicant in making its decision about whether to designate.en Economic Revitalization Arse. Otherwise,this statement must he submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated on economic revllalizatlon area before the inglel/on of the re.develepmenf or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May IO In the year in which the addition to assessed valuation Is made or not later than thirty(30)days oiler the assessment notice Is mailed/o the properly owner if It was malted after Apra 10. A properly owner who failed fo file a deduction application within the prescribed deadline may lila an application between March 1 and May 10 of a subsequent yeah 4I. A property owner who files for the deduction must provide the County Auditor end designating body with a Form CF-1/Reel Property. The Form CF-1/Real Properly should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction Is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-I/Real Property that is approved atter June 30, 2013, the designating body is required to establish an abatement schedule for each deduction slowed. For a Form SB-1/Real Property that is approved prior fo July 1. 2013,the abatement schedule approved by the designating body remains in effect. iC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer CBK Land Development, LLC Address et taxpayer(number and street.city stats.and ZIP code) 5245 Dylan Drive South Bend, IN 46628 Name of contact person Telephone number E-moll address 248-620-7784 landrew@chaseplastics.com SECTION 2 LOCATION AND'DESCRIPTION OF PROPOSED PROJECT Name of designating body Resclutlon number CBK Land Development, LLC Location or propertyCounty DLGF taxing district number 5245 Dylan Drive, South Bend, IN 466281 St. Joseph Description of real property unprovements,redevelopment,or rehabilitation(use addeonel sheets If necessary) EnUmnled start data(month,day,year) May 2019 Project will consist of adding an approximate 80,000 sq.ft. to the existing 126,000 sq. ft.at Estimated completion dela(moMr,day,year) January 2020 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Currant number Salaries Number retained Salaries Number additional Salaries 18 847,000 18 847,000 13 520,000 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT I REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 5,647,964 3,465,000 Plus estimated values of proposed project 3,500,000 I l Less values of any properly being replaced Is() l 1 Net estimated values upon comr!ellon of•rolect 9,147,964 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste conversed(pounds)1 • Other benefits l I 1 SECTION G TAXPAYER CERTIFICATION I heroby certify that the representations in this statement are true. Sigtiro of authorize cental Delo shred(month.day.year) 1 V /f 9 Printed name of authorized represental a Titin Efz'r- t t cc4t„C s,fuss-&.S Page 1 of2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed Under IC 6-1.1-12.1,provides for the following limitations: A, The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires Is B. The type of deduction that Is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$ D, Other limitations or conditions(specify) E. Number of years allowed: Year 1 C1 Year 2 Year 3 Year 4 Year 5 ('see below) Year 6 Year 7 Year B Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per iC 6-1.1-12.1-17? Yes No If yes.attach a copy of the abatement schedule to this form. if no.the designating body Is required to establish an abatement schedule before the deduction can be determined. • We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits le sufficient to Justify the deduction described above. Approved(signahIm and alio of authorized member of dnafgnafing body) Telephone number Dale aimed(month,day yoarl Printed name or authorized member of desfgnnling body Nemo of designatin0 body Attested by(sfpna(uro and title of attester) Printed name of attester if the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of lime a taxpayer Is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in iC 6-1.1-12.1.4.1 remain In effect.The deduction period may not exceed five(6)years. For a Form SB-I/Real Property that Is approved after June 30, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. The deduction parted may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1,1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's Investment in real and personal property, 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved alter June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. Art abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 VII t Ilk W s4 aJ >- 01 tti J W Q 11 74 Cea Y a o L„ U)Z 0 2 I i 4 a" J.7y.pa SO c-•4J LL Q j• 7.7 tr fid S 3 Z C OCU. Sorl C a_ 0.1 C17 -1 L i rn F I- 4-4o n ri ci N Y On 0UL. M et O nas D N t r. Q. N U 00 7 v+ Q 00 C i a aoE s. W o l V O o a . x Q c oN 0 co M a 4 O O 0 m c OCAe .a O o en O M Q app C PA C CI O O C C C O wI Z o a 3 VI 14 O N EA N 00 ..a -. eL. 0 O Oo 14' 6 7. a O Y E O -N L' y ai 0 p" Gr y r 61 .^.L Vl 3 . 6.• o.Sj .: M O 9 _r. L u > w 4 r, N pL C Q ' 4 ca •i. O . 0 >" vV, O '. i y Q A a an y a a v q cv = y v v L c• - p A u b 0 A H E .0 ,C, -0 i Q 3 K 0 4 n 6, Cp 0 N0 2. V> u z H a 7.= d ¢ a S E ° Rind clerk's Ol;ice r----Tni''` i, LLAPR 0 3 2019 ti, CiTyKAREEm- 1-F6--- EAc=R- CLfTr BEND IN CITY OF SOUTH BEND CO\AVUNITY INVESTME\T Council Member Gavin Ferlic, Chairperson April 3,2019 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: GLC Portage Prairie IV, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. GLC Portage Prairie IV, LLC is proposing to invest more than 7,000,000 in the construction of a new speculative building located at NE corner of Adam Road and U.S. 31 Bypass, South Bend. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a(6)six-year real property tax abatement and a representative from GLC Portage Prairie IV will be available to meet with the Committee on Monday,April 8,2019. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sin erel , 1 IA Dani uckenmeyer Director Economic Resources&Business Development DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MF.YER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 19-29 TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Angelina Billo SUBJECT: Real Property Tax Abatement Petition For: GLC Portage Prairie IV, LLC DATE:April 1, 2019 On March 29, 2019, a petition for real property tax abatement consideration for property located at NE corner of Adam Road and U.S.31 Bypass,South Bend,IN was filed with the City Clerk by GLC Portage Prairie IV, LLC. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition,investigated the area,and makes the following report. PROJECT SUMMARY GLC Portage Prairie IV, LLC is proposing to invest more than$7,000,000 in the construction of approximately 166,000 sq. ft. speculative industrial facility to be located on the NE corner of Adam Road and U.S. 31 Bypass, South Bend. The new facility will attract companies that are either expanding their operations or establishing new operations in South Bend. The building will be designed as a modem cross docked facility with great access to the interstate with highway visibility. The new facility will provide much needed move in-ready inventory to market with extremely low vacancy and lack of bulk warehouse options. Total project cost excluding equipment is approximately$7,370,000. Petitioner is qualified for a six-year real property tax abatement. The estimated amount of taxes phased-in for the six-year abatement is$962,891. Estimated paid taxes paid for the six-year term are$78,823. Current annual taxes are under$3,500. EMPLOYMENT IMPACT Due to the speculative nature of the building, only indirect jobs will be retained or created. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner,GLC Portage Prairie IV, LLC has not been granted or associated with any previous tax abatement. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commission has reviewed the petition and finds no building permit was issued. 4. The property is located in the River West Development area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(6)six-year real property tax abatement under section 2-75 Real Property Tax Abatement General Standards. LC) 0 1 0 0 0 0 CO N O N 0 0 0 of 0 m o O r) CO o (0 (D (O co CO00000)C) a NN O M M 0 09(C) K) 00000 too NON 000 0 00, 0001(( pp0 ( 0 0 (0 to 00000)0) N N N N- NCOC•1 0) In 0 0 o'r o 0 0 o a o 0 o m o rn a) y(+ o)0(0tp7 COQ) CO N co (o (o 000 r)0C.)u'i N N n N N U) a) o M o 0 p0p o 0 V O C 0) O W N@ B a_ 4) 0 ,C07Q0())_ C00 co_(0 (o (D CO Z ~0 (0000O (NO_0 0 Q a r 0(0o )0 tea o Lo 0 N- N 1010 (1) 0 N 0 00 N N N h 1- Z 0 0 U CO CCD E N o V O CT 0)0 0) xp y (o t0 0 0 0 0OOOO cu 0 NMOOM 00) ( o (00 (0 a7 co 00) 000) 0N0 0)CO N O O N co c0 (U)iQ] CO: N N N N N N000co0000000wQ' CO CO I- (0 0 0 V I 3 ~ a C a 200 0`' 0000 a v0v 0)00) a 3 N rnrnrnrn0rn vmOo0000000 (0 (n tr) a) y mWcnoo r) oo(h o) CO. o m (o cZ m(oo (au?ca hEa0N-O } NOON N (n (ri f+) r) E , H M M M M M M co 0 g 000 o (( 0((0,- (ri o 0) hhhnh h oNNoirIL0c IICC 0 ti d C Q (p X O o TO m (' W coa. S 3 (o U) 00DC) ( ( N- 0 , rno0 a u x 000000 0 m U Q 0 r) O (., 0 0j o D O X 00 0 0 0 0 O N p f' O 0 v ri CO ri Z `O co v_v_v_v_a 0 N Y xJQ> N N 00 2 C (N 0 M h N a N. 0 N. 0 0 N-n N. p N -I A D O L C V a (n n F- 2 LS0yU L C CO0 0 0 (0 t0 C')) 000) co co 0)000) 0) O) .T O co..v N N N N N N N N N N N c') C U65o N: o N (0 -e M r)CF coriv.O('iri o mPc 0 o ._. to Li c n) CO hi •• o cU 0) 0 W O 0 a) CD C) N > 0)N CO ct) (O CO 0) 7 co CL o a Nc.TQ 0 o o 0 O N N D OO 00 0) TNYN00O00GCOFo co a a To' FUW r) o oco 00 OOS aE N o. c -0 o w . r a o 0 c° ID— W LU E ccimdmCr) -E X X 0132 Y 6. U k C tw an) a N m a c ui C co x N x iflj1) C mF Ce 8 mF2z gjrr: E ILI 2 a) w a a w a Ct ,\y— Uma co U i- 3 L- F C', Filed in 'Clerk's Office BILL NO. 19-29 LA_F:R 0 3 2019 KAREEMAHl FOWLER RESOLUTION NO. CITY CLERK SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NE Corner of Adam Road and U.S. 31 Bypass, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC Portage Prairie IV, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS,a Declaratory Resolution designated the area commonly known as NE Corner of Adam Road and U.S. 31 Bypass, South Bend, Indiana,and which is more particularly described as follows: S Pt Nw & W End N Sw & W End S Sw Ex 11.653 Ac To State & Ne Pt Sw Sec 8 38 2e Total 119.107 Ac Annxd 06-07 Ord#9638-05 and which has Key Number 025-1002-001301 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of six (6) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 95% Year 6 - 95% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council City of South Bend Petition for Incentives Petition must Include a$250 filing fee payable to the City Clerk's Office or online via the City's website at http://southbendin.gov/government/content/tox-abatement before processing can be complete General Information Project Name SPEC IV Project Number Legal name as registered with Secretary of State GLC Portage Prairie IV Business structure Indiana Limited Liability Company Company website www.greatlakescapital.com Proposed Project Information Proposed project address NE corner of Adam Rd/U.S.31 Bypass Parent company name City,State,Zip South Bend IN 46628 Legal owner Waggoner's Dairy Farm Site acreage or acreage required 1 1 acres+1- Is the real estate owned or Owned lensert Square feet of facility Approximately 166,000 If leased by whom Primary Contact Information Primary company contact name Jeff Smoke Title Director Address of company contact 112 W Jefferson Blvd.,Suite 200 Phone 574-855-5700 City,State,Zip South Bend IN 46601 Email jsmoke@greatlakescapital.com Senior Official Information Company senior official name Jeff Smoke Tttle Director Address of company contact(If different from Same Phone 574-855-5700abovel City,State,ZIP Email jsmoke@greatlakescapital.com Consultant Information/Agent Hired business consultant/agent name Consultant releaseRichardDeahl,Barnes and Thornburg Yes Address 100 N Michigan Street, Suite 700 Local economic development partners approval(Y/N City,State,Zip South Bend, Indiana 46601 Email rdeahl@btlaw.com Project Overview Brief description of your company,project,and why the Great Lakes Capital ("GLC") is the sponsor of GLC Portage Prairie IV. GLC property Is necessary for is proposing to develop a "spec" building with a proposed investment of overeconomicgrowth 7,000,000 within Portage Prairie, to help support continued building growth, momentum and attractiveness of City to prospective users/operators. This spec project will complement previous buildings which totaled over 420,000 SF and will house over 400 employees. SPEC IV will consist of approximately 166,000 SF and be designed as a modern cross docked facility with great access to the interstate with highway visibility. SPEC IV will provide much needed move in ready inventory to a market with extremely low vacancy and lack of bulk warehouse options. Filed in Clerk's O'fice Certified Technology Park appropriate N/A Is the project in a Tax Incremental Financing Yes I IITIFIarea? If so,which? MAR 2 9 2019 Certify that the Building Permit has not been No Permit Issued Number of residential units treated by N/4issued(Y/NI stolect If this Is a petition for personal property tax abatement,has N/A KAREEMAH FOWLER the equipment seen installed r7r-h" BEND,IN Investment Details Public Infrastructure needs(Off- Has any 504 funding been What Is the value of any equipment being purchased in What Is the value of any equipment being site of project In dollars) received? Indiana for the project? purchased from out of state for the project? No N/A N/A New Project Investments Calendar Year 2019 2020 2021 2022 2023 2024 2025 2026 Land Acquisition 270,000.00 Building Lease Payments Building Purchase Costs New Building Construction 5.100.000.00 $2.000,000.00 Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New Furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 5,370,000.00 $2,000,000.00 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2019 2020 0-15 15+ 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative Who will be the muiviauai responsible for coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy?! Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and Inclusion by detailing your Year outreach and recruitment efforts for the last three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black Hispanic Asian Indian Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. complete the table below with the Qualify appropriate information. If ( Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 D. Require Prevailing Wage(Davis Bacon) No 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits No 18 G Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 101 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 7 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 2'8 28 E Provide Child Care No 15 F Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B- Retain Existing Jobs N A 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related:77 i 4/2 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) Yes 84 B4 Name of Facility fVL./( c LL`-t--_ -f Po-I-1.4 W q-/-u r't ( _ Sub-total Municipal Facility:ea 1 84 Sub-total from Above:3 5 A '''7 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to l,C.,6.1.1-12,1-1,et seq.,and South5Beryd Munici al Code Sec.2-76 et seq.,for this petition state the above. Submitted By: iV ` Date: 1/0 9119 For Staff Use Only Below This Line i./a Lc- r What Is the current assessed value? Real Property: Jb O l.)Personal Property: What Is the projected assessed value? Real Property: Personal Property: What Is the tax key number for this project? 7 5- _ j/c)e) _ ) ( 23 What Is the six digit NAILS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or N) Points Points Public Benefit Item: Prosed Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related:120 6 SuperA Projects(point values are cumulative): A. 100%to 199% 25 B. 200%to 299% 68 C 300%to 399% 6c 65 D. 400%and Over 5o2v 52 Sub-total Super Size Projects: 210 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 x/Total from Applicant Section: C T 539 Total from Staff Section: V 461 Total Public Benefit Points: Z("21000 Filed in Clerk's Office STATEMENT OF BENEFITS I 20 20 PAY 20 21 t REAL ESTATE IMPROVEMENTS MAR 2 9 2019lel State Form 51767(R6/10-14) FORM SB-1 i Real Property Prescribed by the Department of Local Government Rnapce q N Wt PRIVACY NOTICE This statement is being completed for real property that qualifies under tt'e rn iRNKUI FLQec7ti4nPbox): Any information concerning the cost L K ((I of the property and specific salariesredevelopmentorrehabilitationofrealestateimprovements(IC 6-1.1-_ _ S U'SEND,IN paid to individual employees by theResidentiallydistressedarea(IC 6-1.1-12.1-4.1) property owner Is confidential per IC 6-1.1-12.1-5.1.INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. lC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Rea!Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer GLC Portage Prairie IV I Address of taxpayer(number and street,city,state,and ZIP code) 112 W Jefferson Suite 200 Name of contact person Telephone number E-mail address Jeff Smoke,Director of Development 574-855-5700 jsmoke@greatlakescapital.co SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of City of South Bend Location of property County DLGF taxing district number NE Corner of Adams Road and U.S.31 Bylass St.Joseph IDescriptionofrealpropertyimprovements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) July 15 2019Proposedinvestmentofover$7,000,000 in the construction of a—166,000 square foot facility Estimated completion date(month,day,year) January 2021 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT i REAL ESTATE IMPROVEMENTS I COST I ASSESSED VALUE 1 Current values 1270,000 I I 1 Plus estimated values of proposed project 17,200,000 Less values of any property being replaced Net estimated values upon completion of project SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) 1 Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representati ns in this s tement are true. Signature of authorized representative Date signed(month,day,year) 3/Jelf11Printednameofauthorizedrepresentativ( 1Title 1 n—rct'SMatIL-QfcCPr Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards In the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires Is B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements 0 Yes No 2.Residentially distressed areas 0 Yes 0 No C. The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: 0 Year 1 0 Year 2 Year 3 Year 4 Year 5 ('see below) Year 6 Year 7 Year 8 Year 9 0 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that Is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designatingbodyIsrequiredtoestablishanabatementscheduleforeachdeductionallowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new full-time equivalent Jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The Infrastructure requirements for the taxpayer's investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 w 01 CCI H Q Ce J W Qo I Ts Q Cecna0W z W ( 9 Z I- OO Z Z N oma.C10 Ei3H .0 w v ce o 0 rei o c tea) a z wes o va w A 3 x ua WQ M ° d 30 oON x y col 023 0; al ... q c .6 3 CA R G. 0,1 U GAe z .. t E V] I O C tV Y 0 v'" CD O M W : 6 & C C CE $M q •O c o O8 S U Ed d o 0 3CAV v r.^1 CApQ N R'i C:7 01 O O N N _ 5c HN C-. N Q) W '+ O O O P. 3 D O l Yl Q Cl) Cl) L b9 b9 N O. V] !n N O coa COC -J C 1 .1n J oea71 C taiGC grof q y y oOyw " rn o >: c c 3 e s a v a va _, . ui , v 1: L. Q 4 .7 X c u C .. A Q e a' a t' a ami 'o o b o 0 740,, a.,clo as d E Q' in ' A cu o q ,, Ud E ol) w Cl) F F a d E 1 1 1 APR 0 3 2019 CITY OF SOUTH BEND COMMU \ ITY INVESTvAE\T Council Member Gavin Ferlic, Chairperson April 3, 2019 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: 31 Nimtz Land,LLC (an affiliate of Holladay Properties) Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. 31 Nimtz Land, LLC is proposing to invest $12,940,000 in the construction of a new distribution center(speculative building)at 24605 Cleveland Road,South Bend,IN. The report contains the Department's findings relative to the above petition. The project meets the qualifications for a(6) six-year real property tax abatement and a representative from 31 Nimtz Land and Holladay Properties will be available to meet with the Committee on Monday, April 8,2019. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5823. Sin erely, ala D. el :uckenmeyer Director Economic Resources&Business Development DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov 1 BILL NO. 19-31 TAX ABATEMENT REPORT TO: South Bend Common Council FROM:Angelina Billo SUBJECT: Real Property Tax Abatement Petition For: 31 Nimtz Land,LLC (an affiliate of Holladay Properties) DATE:April 1, 2019 On April 1, 2019, a petition for real property tax abatement consideration for property located at 24605 Cleveland Road, South Bend, IN was filed with the City Clerk by 31 Nimtz Land, LLC. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition,investigated the area,and makes the following report. PROJECT SUMMARY 31 Nimtz Land, LLC (an affiliate of Holladay Properties) is proposing to invest more than 12,000,000 in the construction of approximately 225,000 sq.ft.speculative industrial facility to be located on the NW corner of US 31 and Nimtz Parkway. The new facility will attract companies that are either expanding their operations or establishing new operations in South Bend.The building will have 40 dock positions to accommodate modem distribution users. Total project cost excluding equipment is approximately$12,940,000. Petitioner is qualified for a six-year real property tax abatement. The estimated amount of taxes phased-in for the six-year abatement is$1,785,826. Estimated paid taxes paid for the six-year term are$149,218. Current annual taxes are under$6,500. Holladay Properties,a parent of 31 Nimtz Land,is a full-scale land development,design/build,and fully- integrated real estate company, and property management firm. The company has developed over 20 million square feet of commercial space and actively manage over 14.3 million square feet of office, industrial,retail,multi-family,hotel,and healthcare space.Their medical office management portfolio is one of the largest in the country. EMPLOYMENT IMPACT Due to the speculative nature of the building, only indirect jobs will be retained or created. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, 31 Nimtz Land, LLC has not been granted or associated with any previous tax abatement. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commission has reviewed the petition and finds no building permit was issued. 4. The property is located in the River West Development area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a(6)six-year real property tax abatement under section 2-75 Real Property Tax Abatement General Standards. o N o N o h 0 h h O h rn 1.-}a CO v CO ti ( CD 0 CD 'V 1- M N M CO 05 0(` 7 N N N IO O h II) M co go; 0 0 0 N O N o h O h h O h 0 --- O)} OD coct _ V u5 0 05 CO N NG ( cV r) ICVNLOOCO 0 IO CO CO N CNS)CO O O 44116 4. la/ 7cr, rs.Z' Y 6-9. '4" O N O N o h O N- N- O h L. 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Wa) C Ca O O E E co 0 0 0 c m X 7 V) O M O N j H O W oN 0 o m 2-a) 0 7 U) CL U) C .O Q) V) 61 C 7 O a7 CI_a7 C ai C (0 °) m E) a) E E 7 7 'CI> ui 0 in p U) 7 7J a)U N a) o a7 0) m B u) a) n m 0Y 00 v1)> Oco H mY a) CO o m 2 a) 0 C (0 , N x Um 0cm Na a, m ,4 E Q C --•F Y 7 7 7 iNN@UdUyNa) «O+ a) X 7 N i N N a7QQQy2ZaoE_Z ma8U c iE c Q Q E y O N N N 0 O V N OD UooJ CD _I U H Filed in Clerk's Office BILL NO. 19-31 APR 0 3 2019 RESOLUTION NO. KAREEtvi1+BOWLER ITY CLERK,SOUTH BEND,IN A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 24605 Cleveland Road, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR 31 Nimtz Land, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 24605 Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: E1/2 EI/2 Se Sw Ex S End To State Sec 19 38 2e 04-05 Annexed Fr 04 Per Ord#9428-03 W1/2 E1/2 Se Sw Ex S 40'For St Sec 19-38-2e 04-05 Split To City For St Per Tr 14573 2-3-04 and which has Key Numbers 025-1011-0189 and 025-1011-018901 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of six (6) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 95% Year 5 - 95% Year6 - 95% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council City of South Bend 1 . Petition for Incentives Petition must include a$250 filing fee payable to the City Clerk's Office or online via the City'sty'swebs/tepf .--.-- a_-•-_%`--- ------ http://southbendin.gov/government/content/tax-abotementbefore processing can be complete File,ti in e:IQrk's Off-ire General Information Project Name Project Dumber Legal name as registered with Secretary of 31 Nimtz Land LLC APR 012019Businessstructure Limited Liability Company Company website www.holladayproperties.com KAREEMAH FOWLEF Proposed Project Information CITY CLERK,SOUTH BENIN Proposed project address 24605 Cleveland Road Parent company name Holladay Properties City,State,Zip South Bend, IN 46628 Legal owner 31 Nimtz Land LLC Site acreage or acreage required 1 9.6 Is the real estate owned or Leased pawl Square feet of facility 225,000 If leased by whom Speculative Primary Contact Information Primary company contact name Paul Phair Title VP-Development Address ofcompany contact 227 S.Main Street,Ste.300 Phone 574-217-4498 city,state,zip South Bend, IN 46601 Email pphair@holladayproperties.com Senior Official Information Company senior official name John Phair Title President Address of company contact(if different from 227 S. Main Street, Ste.300 Phone 574-217-4475above) City,state,zip South Bend,IN 46601 Email jphair@holladayproperties.com Consultant Information/Agent Hired business consultant/agent nameN/A Consultant release(YIN) Address Local economic development partners approval EmailCity,State,Zip Project Overview Brief description of your company,project,and why the The proposed project is an approximately 225,000 square foot property Is necessary for speculative industrial facilityto be located in South Bend on the NWeconomicgrowth corner of US 31 and Nimtz Parkway. The construction investment anticipated is approximately $12.94 million, which does not include equipment and additional investment which may be made by future Tenants of the building. Due to the speculative nature of the building, we do not know specific job creation statistics, but we are moving forward with the building to specifically attract companies that are either 1. expanding their operations, or 2. establishing new operations in our community. We fully expect that new jobs will be created as a result of this new industrial building being constructed. Certified Technology Park appropriate N/A is the project In a Tax Incremental Financing Yes- River West DistrictSTIPIarea? dm which? Certify that the Bugling Permit has not been Yes Number of residential units created by oIssuedIY/NI orolect If this Is a petition for personal property tax abatement,has NotheequipmentbeenInstalled Investment Details Public Infrastructure needs(Off- Has any 504 funding been What is the value of any equipment being purchased In What is the value of any equipment being site of project in dollars) • received? Indiana for the project? purchased from out of state for the project? N/A No Unknown-Speculative Development Unknown-Speculative Development New Project Investments Calendar Year 2019 2020 2021 2022 2023 2024 2025 2026 Land Acquisition g 511,000 00 Building Lease Payments Building Purchase Costs New Building Construction 3 5,025000 00 0 3,005,000 W Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling New furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-sire Fiber Infrastructure TOTAL e3e,a3n m 5 3,005,000 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative II of net NEW full time Hourly average wage,w/o Total training Total II to be wage w/o permanent Jobs created at project benefits or bonuses,of expenditure trained-not fringe or cumulative net new lobs not cumulative bonuses cumulative 2019 Unknown 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Unknown Technical Managerial Administrative Who will be the individual responsible for coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy? Are you an EEO employer? Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your Year outreach and recruitment efforts for the last three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black Hispanic Asian Indian Female Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify Earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractor*_ A. Employ Local Companies(75%) yes 20 20 B. Purchase Materials from Local Companies(75%) yes 20 20 C. Require Employees vs.Independent Contractors yes 19 19 D. Require Prevailing Wage(Davis Bacon) r10 22 E. Require Health Benefits yes 22 22 F. Require Pension Benefits no 18 G. Maintain Affirmative Action Plan yes 20 20 Sub-total Construction Related: 101 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels 33 B. Provide Health Benefits 34 C. Provide Pension Benefits 29 D. Provide Training 28 E. Provide Child Care 15 F. Provide Transportation Assistance 14 G. Provide Employer Assisted Housing program 9 Sub-total Wage&Benefit Related: 0 162 3 Workforce Related: A. Create New Jobs 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan 35 D. Provide Targeted Hiring Preference 34 Sub-total Workforce Related: 41 152 4 Support a Municipal Facility: li Support a SB Municipal Facility(donations to the A. Yes a4zoo,conservatory,museum,etc.) 84 Name of Facility Potawatomi Zoo I ISub-total Municipal FacRlty: 84 gq Sub-total from Above: 226 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Coundl of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By: I- "l' - Date: o /t°t / / 4, For Staff Use Only Below Thisa Line ') i (-e-4 271 c.ex What Is the current assessed value?Real Property; t/O Personal Property: What is the projected assessed value? Real Property: Personal Property: What is the tax key number far this project? y- f What Is the six digit NAICS code? Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. JY Of NI Points Points Public Benefit Item: Prolect Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan rte 36 Sub-total Project Related: 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% e 25 B. 200%to 299% 6C y 68 C. 300%to 399% p 65 D. 400%and Over 2 52 Sub-total Super Size Projects: C. . 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost r 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: rXJC(' 539 Total from Staff Section: rf 461 Total Public Benefit Points: 6 1000 Filed in Clerk's Office STATEMENT OF BENEFITS 20 PAY 20REALESTATEIMPROVEMENTS1APR012019 State Form 51767(R6 r 10-14) I FORM SB-1/Real Property Prescribed by the Department of Local Government Finance KAnEEKiTtl'i FOWLER PRIVACY NOTICE This statement is being completed for real property that qualifies under ltie(gibpv(Ir(Q Irprpth (jop¢-(g1190¢r.114)1 Any Information concerning the cost Redevelopment or rehabilitation of real estate Improvementsor the properly and specific salariesPIC6 :1-12.1 4) • paid to individual empbyees by theResidentiallydistressedarea(IC 6-1.1-12.1.4.1) property owner is confidential perIc6-1.1-12.1.5.1.INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the County Auditor before May 10 in the year In which the addition to assessed valuation is made or not later than thirty(30)days alter the assessment notice is mailed to the property owner If It was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year, 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Properly The Form CF-1/Real Properly shock!be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013,the abatement schedule approved by the designating bodyremainsIneffect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer 31 Nimtz Land LLC Address of taxpayer(number and street,city stale,end ZiP code) 227 S. Main Street,Ste. 300, South Bend, IN 46601 Name of contact person Telephone number E-mail address au 574-217-4498 pphair@holladaypraperties.j SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Norma of doslgnaing body Resolution number City of South Bend Location of property I County DLOF taxing district number 24605 Cleveland Road,South Bend, IN St.Joseph Description of real property improvements.redevelopment,or rehabilitation(use addbonef shoats if necessary) Estimated start date(month,day,year) July 1,2019 The proposed project is an approximately 225,000 square foot industrial facility to be locate Estimated completion date(month,day,year) March 31,2020 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries Unknown SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 1$208,400 Plus estimated values of proposed project 12,940,000 I Less values of any property being replaced I$0 Net estimated values upon completion of pro, c1 12,940.000 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations In this statement are true. Slgnat a of authorize rosontative Date signed(mond.dirt year) PunerinCed name of authorized representative Tile 1I Pa.r 1 1714,.4.--- f'ir. tl e Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passedunderIC8-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years'(see below). The dale this designationexpiresIs B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable Is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 0 Year 4 0 Year 5 (•see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17?Yes El No If yes,attach a copy of the abatement schedule to this form. If no,the designating body Is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained in the statement of benefits and find that the estimates and expectations are reasonable and havedeterminedthatthetotalityofbenefitsIssufficienttojustifythedeductiondescribedabove. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area Is an economic revitalization area,that limitation does not limit the length of time ataxpayerIsentitledtoreceiveadeductiontoanumberofyearsthatislessthanthenumberofyearsdesignatedunderIC6-1.1-12.1-17. A. For residentiallydistressedsled areas where the Form SB-1/Real Property was approved prior to July1.2013 the deductions established in IC 6.1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. Fora Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed len10)years. (See IC 6-1.1-12,1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SB-1/Real Property That Is approved after June 30,2013,the designatingbodyisrequiredtoestablishanabatementscheduleforeachdeductionallowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction undersection4or4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment In real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of tite new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's Investment. b) This subsection applies to a statement of benefits approved after June 30.2013.A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year ofthededuction.An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 I 1'._] I. Ilik J > 0 Lia` r ' xQ:.y, O Q d Cl) S. z 0 2 P1, O O dt .r Z 1 f0 10.7 I t. r -1 1 IF 17.1.- 36_,_sr/ y_11. 191E=....—'..; ..t;r'L. — J1_ o a u+c N Uo0 0 T In 0o 7 r9 qOp C 9 O. CV V yV v O i 00 C ko W V% n Lesl,cc) W W U V- o 1 GC1 0 a xo w r v b 3 . Q as cUoc% wyZoenW " rvAr rn 3 erl mJ' a c z rn a o aio h N c cc ee N o o o cUcUE .c0 0o W [-3 reF VD ttl N sN U Pa 0 On ^C N 00 O C "O N O N M N Q V] V] V) L. 69 b9 N O, 3 fn H ,.,O0la C o C 3 roCc -o 01 co 03 0 R. E a' y q an Y C 3 Z L qCP C CL C i a rn a m 9- ti I.r C 3 z Q u > 4a O N LI G 8 C to n j i u C A b W Y E y J A 6o O ' .. 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G C d Y l U Q v) w v) 5 F 2 H aQ Q a 4so13T11.a I Filed in Clerk's Office W,z MAY 06 2019 PEACE x x KAREEMAH FOVWLER 1865 CITY CLERK,SOUTH REND,IN CITY OF SOUTH BEND COMVUNITY INVESTMENT May 6, 2019 Mr.Tim Scott, President South Bend Common Council 4th Floor County City Building South Bend, IN 46601 RE: Economic Development Revenue Bonds 2018 (Cedar Glen) Dear President Scott: Attached for the Council's consideration is a resolution supporting the issuance of bonds to fund improvements at Cedar Glen Apartments located at 425 25th Street in South Bend, to be developed by Merchants Affordable Housing Corp. and owned by MAH Cedar Glen LLC. The issuance of these bonds will fund the rehabilitation of 179 units as well as other exterior improvements to the building and property. These improvements will provide much needed upgrades to the 179 unit apartment community for low and moderate income persons. Additionally, there has been a commitment of a minimum of 5 units as permanent supportive housing. The Economic Development Commission met on April 16th and approved the Preliminary Resolution and Report and Finding of Facts attached with the Council resolution. In addition to Lory Timmer of Neighborhood Development/DCI, representatives of Merchants Affordable Housing Corporation will be presenting at the May 13, 2019 Council meeting. Thank,y,r your con ideration, amela C. Mey- Director DANIEL" BC CKE.S\IEYER AI.KE\-\.\ALI)RIN,I'. P\\II.I.\\IEYLR TIM CORCORA\ BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC: E\IPO\A ERNIE\h NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 19-34 Filed in Clerk's Office BILL NO. 19-34 MAY 0 6 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH RESPECT TO CERTAIN PROPOSED ECONOMIC DEVELOPMENT REVENUE BONDS AND RELATED MATTERS WHEREAS, Indiana Code Title 36, Article 7, Chapters 11.9 and 12 (collectively, the Act") declares that the financing and refinancing of economic development facilities constitutes a public purpose; and WHEREAS, pursuant to the Act, the City South Bend, Indiana (the "City"), is authorized to issue economic development revenue bonds for the purpose of financing, reimbursing or refinancing the costs of acquisition, construction, renovation, installation and equipping of economic development facilities in order to foster diversification of economic development, creation or retention of opportunities for gainful employment and affordable housing in or near the City; and WHEREAS, Merchants Affordable Housing, Inc., and MAH Cedar Glen, LLC, one or more subsidiaries or affiliates thereof, and/or one or more entities in which any of the foregoing entities is a member, whether such entity is currently in existence or is to be created following the date hereof(collectively, the "Company"), in cooperation with the City, desires to finance a project within the City, including all or any portion of the acquisition, design, construction and equipping of a 179-unit affordable multi-family housing facility, together with functionally related and subordinate facilities, located at 425 South 25th Street in the City (the "Project"); and WHEREAS, the Company has advised the South Bend Economic Development Commission (the "Commission") and the City concerning the Project, and has requested that the City issue, pursuant to the Act, one or more series of its taxable or tax-exempt City of South Bend, Indiana, economic development revenue bonds (with such further or different series designation as may be necessary, desirable or appropriate, including such series designation to indicate the year in which the bonds are issued) (the "Bonds") in the approximate aggregate principal amount of Seven Million Three Hundred Thousand Dollars ($7,300,000), for the purpose of providing funds for paying all or part of the costs of the Project by making a portion of the proceeds of such Bonds available to the Company and paying all incidental expenses in connection with and on account of the issuance of the Bonds; and WHEREAS, the Commission has studied the Project and the proposed financing of the Project and its effects on the health and general welfare of the City and its citizens; and WHEREAS, the completion of the Project will result in the diversification of industry, the creation and retention of jobs, the creation and retention of business opportunities in the City, the creation and retention of affordable housing in the City, and will be of public benefit to the health, safety and general welfare of the City and its citizens; and WHEREAS, pursuant to and in accordance with the Act, the City desires to provide funds necessary to finance all or a portion of the Project by issuing the Bonds; and WHEREAS, the diversification of industry and creation of job opportunities to be achieved by the acquisition, design, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the City and its citizens; and WHEREAS, it is tentatively found that the acquisition, design, construction and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating near or in the City; and WHEREAS, the Commission approved a report (the "EDC Report") and adopted an inducement resolution (the "EDC Inducement Resolution") which EDC Report and EDC Inducement Resolution have been forwarded by the Commission to this Common Council making findings that the financing of the Project complies with the purposes and provisions of the Act and that such financing will be of benefit to the health and welfare of the City, and that the Project will not have an adverse competitive effect or impact on any similar facility already constructed or operating in the same market area or in or about St. Joseph County, Indiana; and WHEREAS, based upon the EDC Report and the EDC Inducement Resolution, this Common Council hereby finds and determines that the funding preliminarily approved by the Economic Development Commission for all or a portion of the Project will be of benefit to the health and general welfare of the citizens of the City, complies with the provisions of the Act and the amount necessary to finance all or a portion of the costs of the Project, together with incidental expenses incurred in connection therewith, will require the issuance, sale and delivery of one or more series of economic development revenue bonds in an approximate aggregate combined principal amount of Seven Million Three Hundred Thousand Dollars ($7,300,000); and WHEREAS, this Common Council desires to declare its intent to reimburse the costs of the Project pursuant to Treas. Reg. §1.150-2 and Indiana Code §5-1-14-6(c); NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. After considering the evidence presented and findings of fact set forth in the EDC Report, this Common Council hereby finds, determines, ratifies and confirms that the financing of the economic development facilities consisting of the Project, the issuance and sale of the Bonds, and the use of the net proceeds thereof by the City and/or the Company to finance all or a portion of the Project will: (i) result in the diversification of industry, the creation or 2 - retention of business opportunities, the creation or retention of opportunities for gainful employment and the creation of affordable housing within the jurisdiction of the City; (ii) serve a public purpose, and will be of benefit to the health and general welfare of the City; (iii) comply with the purposes and provisions of the Act and it is in the public interest that the City take such lawful action as determined to be necessary or desirable to encourage the diversification of industry, the creation or retention of business opportunities, the creation or retention of opportunities for gainful employment and the creation of affordable housing within the jurisdiction of the City; and (iv) not have a material adverse competitive effect on any similar facilities already constructed or operating in or near the City. The findings of fact set forth in the EDC Report and this paragraph are based upon evidence and testimony presented to the Commission at its meeting on April 16, 2019 that the proceeds of the Bonds will be used for the acquisition, design, construction and equipping of the Project, capitalized interest on the Bonds during construction and costs of issuance for the Bonds. Section 2. This Common Council hereby finds and determines that the issuance and sale of economic development revenue bonds in an approximate principal of$7,300,000 of the City under the Act for the lending of the proceeds of the revenue bonds to the Company for the purpose of financing a portion of the cost of the acquisition, construction and equipping of the Project will serve the public purposes referred to above, in accordance with the Act. Section 3. In order to induce the Company to proceed with the acquisition, construction and equipping of the Project, this Common Council hereby finds and determines that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Company; (ii) it will adopt such resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and (iii) it will use its best efforts to assist the Company in procuring the issuance of additional economic development revenue bonds, if such additional bonds become necessary for refunding or refinancing the outstanding principal amount of the economic development revenue bonds, for completion of the Project and for additions to the Project, including the costs of issuing additional bonds (provided that the financing of such addition or additions to the Project is found to have a public purpose (as defined in the Act) at the time of the authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of the Act. Section 4. All costs of the Project incurred after the date permitted by applicable federal tax and state laws, including reimbursement or repayment to the Company of moneys expended by the Company for application fees, planning, engineering, a portion of the interest paid during acquisition, construction and equipping of the Project, underwriting expenses, attorney and bond counsel fees, and acquisition, design, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the City will lend the proceeds from the sale of the bonds to the Company for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred 3 - prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. This resolution shall constitute "official action" for purposes of compliance pursuant to Treas. Reg. §1.150-2 and IC 5-1-14-6(c) requiring governmental action as authorization for future reimbursement from the proceeds of bonds. Section 5. The City does not, by this or any other approval or funding, guarantee, warrant or even suggest that the Bonds will be a reasonable investment for any person, firm or corporation. Section 6. The City shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the Bonds or to see that the contemplated improvements, if any, are constructed. The City is in no way responsible to the holders of any Bonds for any payment obligation created by the Bonds. Section 7. The Bonds shall be limited, special obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the Bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof within the meaning of any constitutional or statutory provisions. Section 8. This resolution does not constitute a binding obligation of the Commission or the City to issue the Bonds, but instead, is a commitment by the City to proceed with negotiations for the financing described herein with the Company and is subject to the adoption of a bond ordinance by this Common Council in accordance with the provisions of the Act. Section 9. This resolution shall be in full force and effect upon adoption and compliance with IC 36-4-6. Tim Scott, Council President South Bend Common Council 4 - US.122725183.03 Filed in Clerk's Office AY 06 2019 KAREEMAH FOWLER RESOLUTION EDC #2019-1 CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, ECONOMIC DEVELOPMENT COMMISSION PROVIDING PRELIMINARY APPROVAL OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING CERTAIN ECONOMIC DEVELOPMENT FACILITIES FOR MAH CEDAR GLEN,LLC WHEREAS, Indiana Code Title 36, Article 7, Chapters 11.9 and 12 (collectively, the Act") declares that the financing and refinancing of economic development facilities constitutes a public purpose; and WHEREAS, pursuant to the Act, the City of South Bend, Indiana (the "City"), is authorized to issue revenue bonds for the purpose of financing, reimbursing or refinancing the costs of acquisition, construction, renovation, installation and equipping of economic development facilities in order to foster diversification of economic development, creation or retention of opportunities for gainful employment and affordable housing in or near the City; and WHEREAS, Merchants Affordable Housing Corp. and MAH Cedar Glen, LLC, one or more subsidiaries or affiliates thereof, and/or one or more entities in which any of the foregoing entities is a member, whether such entity is currently in existence or is to be created following the date hereof(collectively, the "Company"), in cooperation with the City, desires to finance a project within the City, including all or any portion of the acquisition, construction, renovation, installation and equipping of a 179-unit apartment community, together with functionally related and subordinate facilities for low and moderate income persons, located 425 25th Street, South Bend, Indiana(the "Project"); and WHEREAS, the Company has advised the South Bend Economic Development Commission (the "Commission") and the City concerning the Project, and has requested that the City issue, pursuant to the Act, one or more series of its taxable or tax-exempt City of South Bend, Indiana, economic development revenue bonds (with such further or different series designation as may be necessary, desirable or appropriate, including such series designation to indicate the year in which the bonds are issued) (the "Bonds") in the approximate aggregate principal amount of Seven Million Three Hundred Thousand Dollars ($7,300,000), for the purpose of providing funds for paying all or part of the costs of the Project by making a portion of the proceeds of such Bonds available to the Company and paying all incidental expenses in connection with and on account of the issuance of the Bonds; and WHEREAS, the Company has further advised that the issuance and sale of said Bonds will not reduce the legal bonding capacity of the City, and the City shall bear no expense in connection with the issuance and sale of said Bonds with all expenses in connection therewith which are incurred by the City to be reimbursed to the City by the Company; and US.122705944.03 WHEREAS, the Company has further advised that the principal of and interest payable on said Bonds shall not be payable from any revenues of the City and shall not obligate the full faith and credit of the City but shall be payable solely from funds of the Company; and WHEREAS, the Company has further advised the Commission that the determination by the City to agree preliminarily, on a non-binding basis, to accept such a request for financing the Project will constitute an inducement to the Company to proceed with the negotiations for the financing of the Project, it being the intent of the Commission and the City to defer any final approval of the Project and the financing thereof until a subsequent meeting held in accordance with Section 25 of the Act following a public hearing in accordance with Section 24 of the Act; and WHEREAS, the Commission has studied the Project and the proposed financing of the Project and its effects on the health and general welfare of the City and its citizens; and WHEREAS, the Company has further advised that the completion of the Project will result in the diversification of industry, the creation and retention of jobs, the creation and retention of business opportunities in the City, the creation and retention of affordable housing in the City, and will be of public benefit to the health, safety and general welfare of the City and its citizens; and WHEREAS, pursuant to and in accordance with the Act, the Company is requesting that the City provide funds necessary to finance all or a portion of the Project by issuing the Bonds, which financing shall be without recourse to the City and its citizens; and WHEREAS, the Company has further advised that the diversification of industry and creation of job opportunities to be achieved by the acquisition, design, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the City and its citizens;and WHEREAS, the Commission has been asked to find that that the acquisition, design, construction and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating near or in South Bend, Indiana; and WHEREAS, the Commission is considering a form of inducement resolution (the Common Council Resolution") with respect to the Project to be adopted by the Common Counsel of the City (the "Common Council") and is considering recommending that the Common Council adopt such resolution in substantially such form; NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSION AS FOLLOWS: Section 1. After considering the evidence presented and findings of fact set forth in the Report (as defined herein), the Commission hereby finds, determines, ratifies and confirms that the financing of the economic development facilities consisting of the Project, the issuance and sale of the Bonds, and the use of the net proceeds thereof by the City and/or the Company to 2 - US.122705944.03 finance all or a portion of the Project will: (i)result in the diversification of industry, the creation or retention of business opportunities, the creation or retention of opportunities for gainful employment and the creation of affordable housing within the jurisdiction of the City; (ii) serve a public purpose, and will be of benefit to the health and general welfare of the City; (iii)comply with the purposes and provisions of the Act and it is in the public interest that the City take such lawful action as determined to be necessary or desirable to encourage the diversification of industry, the creation or retention of business opportunities, the creation or retention of opportunities for gainful employment and the creation of affordable housing within the jurisdiction of the City; and (iv) not have a material adverse competitive effect on any similar facilities already constructed or operating in or near the City. The findings of fact set forth in the Report and this paragraph are based upon evidence and testimony presented to the Commission at its meeting on April 16, 2019 that the proceeds of the Bonds will be used for the acquisition, design, construction and equipping of the Project, capitalized interest on the Bonds during construction and costs of issuance for the Bonds. Section 2. The Commission hereby finds and determines that the issuance and sale of economic development revenue bonds in an approximate principal amount of$7,300,000 of the City under the Act for the lending of the proceeds of the revenue bonds to the Company for the purpose of financing a portion of the cost of the acquisition, design, construction and equipping of the Project will serve the public purposes referred to above, in accordance with the Act. Section 3. The Commission hereby approves the report with respect to the Project (the Report") presented at this meeting, and hereby adopts the findings of fact set forth therein. The Secretary or Vice President of this Commission shall submit such report to the executive director or chairman of the Area Plan Commission serving the City. Section 4. In order to induce the Company to proceed with the acquisition, design, construction and equipping of the Project, the Commission hereby finds and determines that(i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; provided that all of the foregoing shall be mutually acceptable to the City and the Company; (ii) it will adopt such resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development revenue bonds; and (iii) it will use its best efforts to assist the Company in procuring the issuance of additional economic development revenue bonds, if such additional bonds become necessary for refunding or refinancing the outstanding principal amount of the economic development revenue bonds, for completion of the Project and for additions to the Project, including the costs of issuing additional bonds (provided that the financing of such addition or additions to the Project is found to have a public purpose (as defined in the Act) at the time of the authorization of such additional bonds), and that the aforementioned purposes comply with the provisions of the Act. Section 5. All costs of the Project incurred after the date permitted by applicable federal tax and state laws, including reimbursement or repayment to the Company of moneys expended 3 - US.122705944.03 by the Company for application fees, planning, engineering, a portion of the interest paid during acquisition, design, construction and equipping of the Project, underwriting expenses, attorney and bond counsel fees, and acquisition, design, construction and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the City will lend the proceeds from the sale of the bonds to the Company for the same purposes. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. Section 6. All actions taken and approvals given by the Commission with regard to the Company are based upon the evidence submitted and representations made by the Company. No independent examination, appraisal or inspection of the Project was made, requested, or is contemplated by the Commission or the City. Section 7. The Commission does not, by this or any other approval or finding, guarantee, warrant or even suggest that the Bonds, coupons or series thereof will be a reasonable investment for any person, firm or corporation. Section 8. The Commission shall not be obligated, directly or indirectly, to see to the application or use of the proceeds from the sale of the Bonds or to see that the contemplated improvements, if any, are constructed. The Commission is in no way responsible to the holders of any Bonds for any payment obligation created by the Bonds. Section 9. The Bonds shall be special, limited obligations of the City payable solely from the funds provided therefor as described in the indenture authorizing the Bonds, and shall not constitute an indebtedness of the Commission or the City or a loan of the credit thereof within the meaning of any constitutional or statutory provisions. Section 10. The Commission hereby approves the form of the Common Council Resolution and recommends that it be adopted by the Common Council in substantially the same form as a resolution, and the Commission hereby directs that copies of this resolution, and the form of the Common Council Resolution be transmitted to the Clerk of the City for presentation to the Common Council with the recommendation that the Common Council Resolution be adopted as a resolution. Section 11. The Commission hereby authorizes the Secretary of the Commission to cause to be published a notice of public hearing in accordance with Indiana Code 36-7-12-24(a), Indiana Code 5-3-1 and Treas. Reg. §1.147(1) 1 at such time as it is determined to proceed with the financing of a portion of the Project as described herein. Section 12. This resolution shall be in full force and effect upon adoption. 4 - US.122705944.03 Adopted this 1 Lp day of p At:( i ,, 2019. SOUTH BEND ECONOMIC DEVELOP 4 - T C!u MISSION Tim Scott, President ATTEST: entin Phil ips, Secretary 5 - US.122705944.03 Filed in Clerk's Office REPORT AND FINDINGS OF FACT OF THE MAY 06 2019 1 SOUTH BEND ECONOMIC DEVELOPMENT COMMI IO r CONCERNING THE PROPOSED FINANCING O KAREEMAH FOWLER ECONOMIC DEVELOPMENT FACILITIES FOR CITY CLERK,SOUTH BEND. IN MAH CEDAR GLEN,LLC The South Bend Economic Development Commission (the "Commission") proposes to recommend to the Common Council (the "Council") of the City of South Bend, Indiana (the City") that it finance the acquisition, construction, renovation, installation and equipping of certain economic development facilities to be developed by Merchants Affordable Housing Corp. (the "Developer") and owned by MAH Cedar Glen, LLC (the "Owner," and together with the Developer, the"Applicants"). The proposed economic development facilities to be undertaken by the Developer and owned by the Owner will consist of acquisition, construction, renovation, installation and equipping of a 179-unit affordable multi-family housing facility to be located within the City at 425 South 25th Street, South Bend, IN (the "Project"), having a total estimated project cost of 12,109,806. The public purpose for which the Bonds are being issued is to finance economic development facilities (being the Project) which will create or retain opportunities for gainful employment and business opportunities. The Developer, on behalf of the Owner, has requested that the City issue one or more series of the City of South Bend, Indiana, Economic Development Multifamily Housing Revenue Bonds, Series 2019 (MAH Cedar Glen, LLC Project) (with such further or different series designation as may be necessary, desirable or appropriate, including such series designation to indicate the year in which the bonds are issued) (the"Bonds") in the aggregate principal amount not to exceed Seven Million Three Hundred Thousand Dollars ($7,300,000), for the purpose of providing funds for paying all or a portion of the costs of the Project and paying all incidental expenses incurred on account of the issuance of the Bonds. The Commission estimates that no new material public works or services, including public ways, schools, water, sewer, street lights and fire protection, will be made necessary or desirable by the Project, because any such works or services already exist or will be provided by the respective Applicants or other parties. Based upon information submitted in the application of the Applicants and other information available to the Commission, the Commission hereby makes tentative findings of fact that (a)the proceeds of the Bonds will be used to finance all or a portion of the Project, b)the use of the proceeds of the Bonds to finance the Project will not be used to subsidize rents to be paid by tenants or occupants of the Project, and (c)the tenants are expected to pay rent similar to similar facilities existing in the area. Therefore, based upon such findings of fact, the Commission tentatively determines that the acquisition, renovation, and equipping of the Project will not have an adverse competitive effect on any similar facilities already constructed or operating in or near the City. The Commission estimates that, upon completion and as a result of the Project, approximately 6 new full-time equivalent jobs will be created, with an estimated total annual payroll and benefits of approximately $225,625 and it is estimated that, upon completion and as a result of the Project, local construction participation is estimated at roughly$1,290,000, or 30% of the rehabilitation budget. Adopted this 16th day of April 2019. SOUTH : D 2 •MIC DEVE; OPMENT COMM ION ter Tim Scott, President Consuella Hopkins, Vice President ATTEST: selientin P • ips, Secretary 2 US.122724012 03 oy SOUTH a,e r UFiled in Clerks' Office d PEA,... ---c` .MAY 06 2019 1 1865 KAREEMA1 bVWLER CITY OF SOUTH BENW Y CLERK,SOUTH BEND, INCOMMUNITYI \VESTMENT May 1,2019 Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Resolution to Approve of the Written Order of the Area Plan Commission Regarding the Proposed Tax Increment Finance("TIF")Area Realignment Dear President Scott: Enclosed for consideration by the Common Council is a resolution which approves of the written order of the Area Plan Commission(the"APC") evidenced by a resolution adopted by the APC on April 16, 2019 the"APC Resolution"), in connection with the proposed realignment of the various TIF Areas located in the City of South Bend(the"City"). The APC Resolution approved of action taken by the South Bend Redevelopment Commission(the"Redevelopment Commission")on April 11, 2019, to adopt declaratory resolutions for the purpose of: i) (i) designating and declaring certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area(the"River East Area"); (ii)adding certain parcels of property to the River East Area property acquisition list; and(iii)approving an amended and restated development plan for the River East Area(the"River East Plan"); and ii) (i)removing certain territory from the River West Development Area(the"River West Area"); (ii)designating and declaring certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing to expand the existing River West Area; (iii)transferring certain territory from the West Washington Chapin Development Area(the"West Washington Chapin Area")to the River West Area; (iv)adding certain parcels of property to the River West Area property acquisition list; and(v) approving an amended and restated plan for the River West Area the"River West Plan"); and iii) (i)removing certain territory from the West Washington Chapin Area; (ii)adding certain parcels of property to the West Washington Chapin Area property acquisition list; and iii) approving an amended and restated development plan for the West Washington Chapin Area(the"West Washington Chapin Plan"); and iv) (i)transferring certain territory from the River West Area to the South Side Development Area(the"South Side Area"); (ii)designating and declaring certain areas within the City DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER DM C:ORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&CO.4LMUNITv RESOURCES EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 574.235.9371 www.southbendin.gov f-p BILL NO. 19-35 CITY OF SOUTH BEND COMMUNITY INVESTMENT to be redevelopment areas and allocation areas for purposes of tax increment financing to expand the existing South Side Area; (iii) adding certain parcels of property to the South Side Area property acquisition list; (iv)approved the transfer of certain parcels of property previously included on the River West Area property acquisition list to the South Side Area acquisition list; and(v) approving an amended and restated plan for the South Side Area (the"South Side Plan"). The purpose of the proposed TIF realignment is to more accurately reflect the boundaries of the redevelopment and economic development areas in the City in light of the ongoing development plans for the City. Moreover,the realignment serves the inter-related goals of fiscal stewardship, economic development,and neighborhood revitalization.Through this action the City will be able to address infrastructure, grow community assets, and aid development projects to support a high quality of life while also continuing a proactive approach to job creation and new investment. This resolution is part of the approval process required under Indiana Code 36-7-14, which approval process would conclude with consideration by the Redevelopment Commission of confirming resolutions following a public hearing after approving action by the Common Council on the attached resolution. Tim Corcoran from the Department of Community Investment will be presenting this item to the Council during their May 13th meeting. Thank you for your consideration of this resolution. Sincerely, 1i Tim Corcoran Enclosure Page 2 Filed in Clerk's Office 72;1BILLNO. 19-35 MAY 0 6 RESOLUTION NO. K,REEMAH FOWLER CITY CLERK,SOUTH BEND,!N A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDED AND RESTATED DEVELOPMENT PLANS FOR THE RIVER EAST DEVELOPMENT AREA, THE RIVER WEST DEVELOPMENT AREA, THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the City of South Bend (the "City") Department of Redevelopment (the Department") and the Redevelopment District of the City of South Bend, Indiana (the Redevelopment District"), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36-7-14,as amended from time to time (the"Act"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3479 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River East Development Area and the River East Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "River East Declaratory Resolution"); and WHEREAS, the River East Declaratory Resolution (i) designated and declared certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area(the"River East Area"); ii) added certain parcels of property to the River East Area property acquisition list; and iii) approved an amended and restated development plan for the River East Area(the"River East Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3478 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River West Development Area and the River West Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "River West Declaratory Resolution"); and WHEREAS, the River West Declaratory Resolution (i) removed certain territory from the River West Development Area (the "River West Area"); (ii) designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing to expand the existing River West Area;(iii)transferred certain territory from the West Washington Chapin Development Area (the "West Washington Chapin Area") to the River West Area; (iv) added certain parcels of property to the River West Area property acquisition list; and (v) approved an amended and restated plan for the River West Area (the River West Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3481 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the West Washington Chapin Development Area and the West Washington Chapin Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "West Washington Chapin Declaratory Resolution"); and WHEREAS, the West Washington Chapin Declaratory Resolution (i) removed certain territory from the West Washington Chapin Area; (ii) added certain parcels of property to the West Washington Chapin Area property acquisition list; and (iii) approved an amended and restated development plan for the West Washington Chapin Area(the "West Washington Chapin Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3480 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the South Side Development Area and the South Side Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "South Side Declaratory Resolution"); and WHEREAS, the South Side Declaratory Resolution(i) transferred certain territory from the River West Area to the South Side Development Area (the "South Side Area"); (ii) designated and declared certain areas within the City to be redevelopment areas and allocation areas for purposes of tax increment financing to expand the existing South Side Area; (iii) added certain parcels of property to the South Side Area property acquisition list; (iv) approved the transfer of certain parcels of property previously included on the River West Area property acquisition list to the South Side Area acquisition list; and (v) approved an amended and restated plan for the South Side Area (the"South Side Plan"); and WHEREAS, on April 16, 2019, the St. Joseph County Area Plan Commission (the Plan Commission") adopted and approved its resolution, a copy of which is attached hereto as Exhibit A, determining that the River East Declaratory Resolution, the River West Declaratory Resolution, the West Washington Chapin Declaratory Resolution and the South Side Declaratory Resolution (collectively, the "Declaratory Resolutions") and the River East Plan, the River West Plan,the West Washington Chapin Plan, and the South Side Plan(collectively,the"Development Plans") conform to the plan of development of the City, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolutions and the Development Plans, as required by Section 16 of the Act(the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and 2 - WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to continue to proceed with the redevelopment and economic development of the River East Area, the River West Area, the West Washington Chapin Area, and the South Side Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Plan Commission Order is hereby approved, ratified and confirmed in all respects. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council 3 - EXHIBIT A Plan Commission Order See attached DMS 14331405v1 Filed in Clerk's Office RESOLUTION NO. 253-19 MAY 06 2019 KAREEt1.aiHIF=JWI_ER RESOLUTION OF THE ST.JOSEPH COUNTY AREA P). y C, ARK SOUTH BEND, INCOMMISSIONAPPROVINGRESOLUTIONSOFTHESOUTH-REND' REDEVELOPMENT COMMISSION TO AMEND THE BOUNDARIES OF THE RIVER EAST DEVELOPMENT AREA,THE RIVER WEST DEVELOPMENT AREA,THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA AND THE SOUTHSIDE DEVELOPMENT AREA AND APPROVING OF AMENDED AND RESTATED DEVELOPMENT PLANS FOR THE RIVER EAST DEVELOPMENT AREA,THE RIVER WEST DEVELOPMENT AREA,THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA AND THE SOUTHSIDE DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Area Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment (the "Department") on April 11, 2019, approved and adopted its Resolution No. 3479 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River East Development Area and the River East Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "River East Declaratory Resolution"); and WHEREAS, the River East Declaratory Resolution (i)designated and declared certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area (the "River East Area"); (ii) added certain parcels of property to the River East Area property acquisition list; and iii)approved an amended and restated development plan for the River East Area (the "River East Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3478 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River West Development Area and the River West Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters"(the"River West Declaratory Resolution"); and WHEREAS, the River West Declaratory Resolution (i) removed certain territory from the River West Development Area (the "River West Area"); (ii)designated and declared certain areas within the City to be economic development areas and allocation areas for purposes of tax increment financing to expand the existing River West Area; (iii) transferred certain territory from the West Washington Chapin Development Area (the "West Washington Chapin Area") to the River West Area; (iv) added certain parcels of property to the River West Area property acquisition list; and (v)approved an amended and restated plan for the River West Area the"River West Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3481 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the West Washington Chapin Development Area and the West Washington Chapin Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters"(the"West Washington Chapin Declaratory Resolution"); and WHEREAS, the West Washington Chapin Declaratory Resolution (i) removed certain territory from the West Washington Chapin Area; (ii)added certain parcels of property to the West Washington Chapin Area acquisition list and ; (iii) approved an amended and restated development plan for the West Washington Chapin Area(the "West Washington Chapin Plan"); and WHEREAS, the Commission on April 11, 2019, approved and adopted its Resolution No. 3480 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the South Side Development Area and the South Side Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the"South Side Declaratory Resolution"); and WHEREAS, the South Side Declaratory Resolution(i)transferred certain territory from the River West Area to the South Side Development Area (the "South Side Area"); (ii) designated and declared certain areas within the City to be redevelopment areas and allocation areas for purposes of tax increment financing to expand the existing South Side Area; (iii) added certain parcels of property to the South Side Area property acquisition list; (iv) approved the transfer of certain parcels of property previously included on the River West Area property acquisition list to the South Side Area acquisition list; and (v)approved an amended and restated plan for the South Side Area (the"South Side Plan"); and; WHEREAS, the Plan Commission desires to approve the River East Declaratory Resolution, the River West Declaratory Resolution, the West Washington Chapin Declaratory Resolution, and the South Side Declaratory Resolution (collectively, the "Declaratory Resolutions") and the River West Plan, the River East Plan, the West Washington Chapin Plan, and the South Side Plan(collectively, the"Amended and Restated Plans"); and WHEREAS, the Commission has submitted the Declaratory Resolutions and the Amended and Restated Plans to the Plan Commission for approval pursuant to the provision of Indiana Code 36-7-14, as amended (the "Act"), which Declaratory Resolutions and Amended and Restated Plans are attached hereto and made a part hereof; and WHEREAS, pursuant to the provisions of the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolutions and the Amended and Restated Plans; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission,as follows: 2 - I. The Declaratory Resolutions and the Amended and Restated Plans conform to the plan of the development of the City. 2. The Amended and Restated Plans are in all respects approved, ratified and confirmed. 3. The River East Declaratory Resolution (i)designating and declaring certain territory to expand the existing River East Area; (ii) adding certain property to the River East acquisition list; and (iii) approving the River East Plan is in all respects approved, ratified and confirmed. 4. The River West Declaratory Resolution (i) removing certain territory from the River West Area; (ii) designating and declaring certain territory to expand the existing River West Area; (iii) transferring certain territory from the West Washington Chapin Area to the River West Area; (iv) adding certain properties to the River West Area property acquisition list; and (v) approving the River West Plan is in all respects approved, ratified and confirmed. 5. The West Washington Chapin Declaratory Resolution (i) removing certain territory from the West Washington Chapin Area; (ii) adding certain parcels of property to the West Washington Chapin Area property acquisition list; and (iii) approving the West Washington Chapin Plan is in all respects approved, ratified and confirmed. 6. The South Side Declaratory Resolution (i) transferring certain territory from the River West Area to the South Side Area; (ii) designating and declaring certain territory to expand the existing South Side Area; (iii) adding certain properties to the South Side Area property acquisition list; (iv) transferring certain parcels of property previously included on the River West Area property acquisition list to the South Side Area acquisition list; and (v) approving the South Side Plan is in all respects approved,ratified and confirmed. 7. This Resolution hereby constitutes the written order of the Area Plan Commission approving the Declaratory Resolutions and the Amended and Restated Plans pursuant to Indiana Code 36-7-14-16. 8. The Secretary of the Plan Commission is hereby directed to file copies of the Declaratory Resolutions and the Amended and Restated Plans with the minutes of this public meeting. 3 - PASSED, ISSUED AND APPROVED by the St.Joseph County Area Plan Commission this J(, day of April, 2019. ST. JOSEPH COUNTY AREA PLAN COMMISSION At,e)2ident A'I'I'EST: L-66 A4ex--)r?' Secretary / DMS 14270530v2 4- CITY OF SOUTH BEND 2019 RIVER EAST DEVELOPMENT AREA PLAN 1 Table of Contents Purpose .......................................................................................................................2 History of River East Development Area ....................................................................2 Location of River East Development Area ..................................................................2 Development Area Activities ......................................................................................2 Goals / Objectives .......................................................................................................3 Tax Increment Financing (“TIF”) District.....................................................................5 Statutory Findings .......................................................................................................5 Acquisition of Real Property in the River East Development Area .............................6 Procedure for Amendment of the River East Development Area Plan ......................6 APPENDIX ...................................................................................................................7 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY ......................................8 Appendix B – LEGAL DESCRIPTION ..........................................................................9 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST ..................... 14 Appendix D – DEVELOPMENT AREA PLAN DOCUMENTS ..................................... 26 2 Purpose The purpose of the River East Development Area Plan is as follows:  To provide a broad vision and strategy for the economic and physical revitalization of the River East Development Area, and  To establish a framework for ongoing collaborative planning efforts involving residents and other property owners, business owners, civic associations, institutional partners, and local government. History of River East Development Area The South Bend Redevelopment Commission designated the East Bank Development Area in 1980 [Declaratory Resolution No. 626 and Confirming Resolution No. 630]. This development area was merged with the Central Downtown Urban Renewal Area and the Monroe Sample Development Area [Declaratory Resolution No. 727 and Confirming Resolution No. 729] in 1985 to create the South Bend Central Development Area. The Northeast Neighborhood Development Area was created in 2003 [Declaratory Resolution No. 2016 and Confirming Resolution No. 2021] In 2014, the portion of the South Bend Central Development Area located east of the St. Joseph River was merged with the Northeast Neighborhood Development Area and was expanded southeast along the river to the Farmers Market area to create the River East Development Area. [Declaratory Resolution No. 3228 and Confirming Resolution No. 3255] Location of River East Development Area The River East Development Area includes all or most of the Northeast, East Bank, and Howard Park neighborhoods and the Farmers Market area. The development area boundary is more specifically represented by the boundary map in Appendix A and in the legal description found in Appendix B. Development Area Activities The goals and objectives for the River East Development Area will be accomplished through a combination of public and private actions. Public actions may be any redevelopment activities permitted by state law, including, but not limited to, the following: 1. Provision for public works improvements to infrastructure, such as streets and roads, sidewalks, curbs, water mains, storm drains, sewers and other utilities, lighting, traffic controls, and landscaping of public spaces and rights-of-way; 2. Vacation and dedication of public rights-of-way; 3. Provision for other public facilities and improvements; 4. Property acquisition and the assemblage of properties for the siting of new development; 5. Relocation of individuals, households, or businesses; 6. Disposition of assembled sites, rehabilitated structures, and other properties; 7. Rehabilitation or demolition of built structures; 8. Environmental study and remediation of properties; 9. Pre-development activities, such as engineering, architectural work, planning, traffic analysis, market area analysis, marketing, program development, title, survey, appraisal, and legal work; or 3 10. Any other activity pertaining to planning and implementing the River East Development Plan. Activities, as well as goals and objectives, may be further detailed in adopted neighborhood and master plans for areas within the River East Development Area. These plan documents are listed in Appendix D. The following are the goals and objectives for the River East Development Area: Goals / Objectives 1. Land Use and Growth: Encourage sustainable growth that preserves and enhances the character of the City of South Bend (the “City”) and ensures compatibility of land uses in the community. a. Support the use and redevelopment of land in accordance with established plans. b. Prioritize development in established areas over development at the edge of the city. c. Promote high quality neighborhoods, especially those that offer neighborhood- scale commercial services, employment opportunities, and community spaces. d. Foster urban density, including among residential uses. e. Support mixed-use development, especially when concentrated downtown or in neighborhood centers. f. Facilitate the creation of development sites. g. Promote projects that best maximize the assessed value of the property. h. Reinforce connectivity between University of Notre Dame and East Bank / Downtown South Bend 2. Transportation: Provide a balanced transportation system that is integrated locally and regionally and employs Complete Streets principles. a. Design a transportation network for all users that supports access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive. b. Provide a transportation system that improves mobility, especially by connecting residents to centers of commerce, employment, and recreation. c. Partner with businesses, private developers, institutions, and other governmental agencies to develop transportation facilities that provide better access within and beyond the City’s borders connecting to other regional metropolitan areas. 3. Public Infrastructure and Facilities: Provide efficient and progressive public infrastructure and facilities that accommodate future growth and meet the community’s changing needs. a. Construct and plan for the long-term maintenance of street, streetscape, parking, utility, and other basic infrastructure improvements that stimulate private development, especially in already established areas of the City. 4 b. Support the development of conventional and emerging technology-based infrastructure, particularly in ways that maximize aesthetics and mitigate any negative impacts. c. Provide well maintained parks, trails, and other recreational and cultural facilities that are easily accessible to the community. d. Provide municipal buildings and facilities necessary to serve the community. 4. Housing: Achieve a thriving housing market within the City that offers appealing neighborhoods with diverse housing choices. a. Encourage housing options for all household types, abilities, age groups, and income levels. b. Facilitate a full range of housing types, varying in size, arrangement, style, and amenity. c. Support the renovation of existing housing stock to meet the community’s housing needs. d. Promote the development of workforce housing. 5. Economic Development: Promote a healthy and diversified economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. a. Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. b. Market the City to businesses and developers through a deliberate strategy. c. Encourage economic opportunities in geographies across the City. d. Encourage the use of arts and culture as an economic generator. e. Protect and increase the personal and real property tax base of the area. 6. Sustainability and Environmental Management: Promote sustainable environmental management that enhances the quality of air, water, and land resources, and preserves the St. Joseph River as an irreplaceable resource. a. Utilize principles of sustainable design, development, and practice. b. Facilitate the productive reuse of brownfield properties. c. Expand the role of the St. Joseph River and other waterways as centers for recreation and natural habitat. d. Encourage the preservation and expansion of the urban tree canopy. e. Support the development of projects that promote the health of city residents. 7. Placemaking and the Built Environment: Promote an attractive public realm that preserves and enhances the City’s history and built environment. a. Support walkable urban development. b. Encourage urban design that creates or enhances a sense of place, provides vibrancy, incorporates arts and culture, and fosters safety. c. Integrate parks and trails into the city using urban design principles. 5 d. Prioritize projects that preserve and rehabilitate existing buildings over ones of new construction. e. Support development that is context sensitive and conserves the historical, architectural, and social fabric of the City. 8. Education & Training: Provide educational and training opportunities that support people of all ages to compete successfully in the economy. a. Ensure a strong match between job skills among the population and present and future needs of employers. b. Partner with organizations to enhance educational opportunities for youth from pre-K to Grade 12. c. Partner with organizations that offer internships, co-ops, apprenticeships, continuing education, and other job training programs. Tax Increment Financing (“TIF”) District The South Bend Redevelopment Commission may implement the use of TIF within a redevelopment area pursuant to state law (I.C. 36-7-14). TIF districts target blighted areas in order to transform them into viable areas making the community more appealing and attractive for economic development, which creates a better quality of life for the districts’ residents. TIF districts are powerful and effective tools that may provide financing for infrastructure improvements within redevelopment projects which may, in turn, entice market dollars back into abandoned and dilapidated areas. The lifespan of a TIF district varies based upon the time of its creation. TIF creates revenues for improvements without raising taxes, offers incentives for businesses and developers, and builds communities. TIF works by capturing additional property tax revenue due to the revitalization of a designated area. The assessment rate of the year in which the TIF is established is used as the base year, and tax revenues generated due to the increase in assessment over the base year assessment of properties within the TIF district are set aside for use in that TIF district. Thus, no new taxes or increases in tax rates occur, rather TIF funds are generated when property values improve due to the overall improvement of the TIF district. Statutory Findings The River East Development Area Plan meets the following required findings by the Redevelopment Commission pursuant to State Law (36-7-14-15(a)): 1. The River East Development Area is an area in the territory under its jurisdiction and is an area needing redevelopment; 2. The conditions described in state law (I.C. 36-7-1-3) cannot be corrected in the River East Development Area by regulatory processes or the ordinary operations of private enterprise without resorting to state law (I.C. 36-7-14); 6 3. The public health and welfare will be benefitted by the amendment of the resolution or plan, or both, for the River East Development Area; and 4. The amendment is reasonable and appropriate when considered in relation to the original resolution or plan for the River East Development Area and the purposes of state law I.C. 36-7-14; and 5. The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. Acquisition of Real Property in the River East Development Area In connection with the accomplishment of this River East Development Plan, the South Bend Redevelopment Commission shall include all parcels with the boundaries set forth above on the acquisition list attached as Appendix C and shall follow the procedures set forth in state law (I.C. 36-7-14-19 or I. C. 36-7-14-19.5). Procedure for Amendment of the River East Development Area Plan The River East Development Area Plan may be amended by resolution of the South Bend Redevelopment Commission in accordance with state law (I.C. 36-7-14-17.5). Any change affecting any property or contractual right may be made only in accordance with applicable state and local laws. 7 APPENDIX 8 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY Provides boundary, streets, public improvements per IC 36-7-14-15(b)(1) 9 Appendix B – LEGAL DESCRIPTION BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE ST. JOSEPH RIVER WITH THE CENTERLINE OF CORBY BOULEVARD EXTENDED WEST; THENCE MEANDERING IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION ALONG THE CENTERLINE OF SAID ST. JOSEPH RIVER TO A POINT WHICH IS PERPENDICULAR TO AND 100 FEET MORE OR LESS WEST OF THE NORTH-SOUTH QUARTER LINE OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, THENCE SOUTH TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-7073-2693 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND ITS’ SOUTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLNWAY EAST; THENCE EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 66 FEET MORE OR LESS SOUTH OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-7079-288409 IN RECORDS OF SAID AUDITOR’S OFFICE; THENCE NORTHERLY, 66 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID PARCEL AND THE NORTHERLY LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-7079-2884 IN RECORDS OF SAID AUDITOR’S OFFICE TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE NORTHERLY TO THE CENTERLINE OF THE ST. JOSEPH RIVER; THENCE IN A WESTERLY DIRECTION ALONG SAID CENTERLINE TO A POINT WHICH IS PERPENDICULAR TO AND 40 FEET MORE OR LESS EAST OF THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 18; THENCE NORTH TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NORTH SIDE BOULEVARD; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF LOT # 39 OF THE PLAT OF “EUCLID PARK” AS RECORDED IN THE RECORDS OF SAID COUNTY EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE, THE EAST LINE OF SAID LOT AND SAID LINE EXTENDED NORTH TO A POINT OF INTERSECTION WITH THE CENTERLINE OF FIRST VACATED EAST-WEST 14 FOOT WIDE PUBLIC ALLEY NORTH OF NORTHSIDE BOULEVARD; THENCE WEST ALONG SAID CENTERLINE TO THE EAST LINE OF A NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF LOT #40 IN SAID PLAT EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND NORTH LOT LINE TO THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 14 FOOT TO THE SOUTH LINE OF LOT # 42 IN SAID PLAT; THENCE WEST ALONG SAID SOUTH LINE TO THE EAST RIGHT-OF-WAY LINE OF CLOVER STREET; THENCE NORTH ALONG SAID EAST LINE TO THE CENTERLINE OF A VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY LOCATED NORTH OF AND ADJACENT TO LOT # 46 IN SAID PLAT; THENCE WEST ON THE EXTENDED CENTERLINE OF SAID VACATED ALLEY TO A POINT ON THE EAST LINE OF A NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY, SAID POINT BEING 7 FEET NORTH OF THE NORTHWEST CORNER OF LOT # 109 IN SAID PLAT; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT # 36 IN THE PLAT OF “HIBBERD PLACE” AS RECORDED IN THE RECORDS OF SAID COUNTY, EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND THE SOUTH LINE OF SAID LOT TO THE EAST RIGHT- OF-WAY LINE OAKLAND STREET; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A PARCEL WITH ST. JOSEPH COUNTY INDIANA AUDITOR’S TAX KEY NUMBER 18-6020-0510, EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND NORTH PARCEL LINE TO THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT # 43 IN THE PLAT OF “OAKLAND PARK REVISED PLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY, EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND SOUTH LOT LINE TO THE EAST RIGHT-OF- WAY LINE OF EMERSON AVENUE; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE CENTERLINE OF HILDRETH STREET; THENCE WEST ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROBERTS STREET; THENCE NORTH ALONG SAID .EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF RUSKIN STREET; THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF LOUISE STREET; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE FIRST 14 FOOT WIDE EAST-WEST PUBLIC ALLEY SOUTH OF MISHAWAKA AVENUE; THENCE EAST ALONG THE SOUTH LINE OF SAID ALLEY TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ESTHER STREET; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MISHAWAKA AVENUE; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6027-073301 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; 10 THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO ON THE EAST RIGHT-OF- WAY LINE OF 21ST STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT # 5 IN THE PLAT OF “DUNN’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT # 5 AND ITS’ EASTERLY EXTENSION TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6032-0936 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF IRONWOOD DRIVE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT # 31 IN THE PLAT OF “RIVER PARK ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT AND LOT # 34 IN SAID PLAT AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 23RD STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT # 60 IN SAID PLAT; THENCE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT # 60; THENCE EAST 14 FEET MORE OR LESS TO THE NORTHWEST CORNER OF LOT # 96 IN SAID PLAT, SAID LOT CORNER ALSO BEING ON THE SOUTH RIGHT- OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 25TH STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT # 100 IN SAID PLAT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT # 110 AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6034-1071 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6034-1072 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 26TH STREET; THENCE NORTH ALONG EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1181 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1183 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL, SAID PARCEL CORNER BEING ON THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO A POINT WHICH IS PERPENDICLULAR TO AND 14 FEET MORE OR LESS WEST OF THE SOUTHWEST CORNER A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6137-4710 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST 14 FEET MORE OR LESS TO SAID SOUTHWEST PARCEL CORNER; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6137-471001 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENTION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 27TH STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF- WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1210 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1217 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1218 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 28TH STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6043-1405 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL, SAID POINT BEING ON THE 11 WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTHEASTERLY 14 FEET MORE OR LESS, CROSSING SAID ALLEY TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT # 15 IN THE PLAT OF “NURSERY PLACE” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID NORTHWEST LOT CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF SAID PUBLIC ALLEY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE SOUTHERLY LINE OF A 12 FOOT WIDE MORE OR LESS EAST-WEST PUBLIC ALLEY AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 16 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT # 3 IN THE PLAT OF “EGGLESTON’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE NORTH LINE OF SAID LOT AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF 30TH STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6045-1479 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6045-148401 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 31ST STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF- WAY LINE TO THE NORTHWEST CORNER OF LOT # 4 IN THE PLAT OF “FORDHAM SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID LOT CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 34TH STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18- 6054-1807 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE EAST ALONG THE SOUTH LIINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT # 189 IN SAID PLAT, SAID NORTHWEST LOT CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE CENTERLINE OF LOGAN STREET; THENCE NORTH ALONG SAID CENTERLINE TO A POINT WHICH IS PERPENDICULAR TO AND 35 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF LOT # 4 IN THE PLAT OF “RIVERDALE 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 35 FEET MORE OR LESS TO SAID SOUTHEAST LOT CORNER, SAID LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT # 5 IN THE PLAT OF COLONIAL GARDEN’S” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY 14 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT # 218 IN THE PLAT OF “BERNER GROVE 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST- WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS’ WESTERLY EXTENTION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 25TH STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18- 6063-2174 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF LOT # 78 IN SAID PLAT OF “BERNER GROVE 1ST ADDITION”, SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT- OF-WAY LINE OF 24TH STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF # 57 IN SAID PLAT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS’ WESTERLY EXTENSON TO THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT # 50 IN SAID PLAT, SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OR IRONWOOD DRIVE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO SOUTHEAST CORNER OF LOT # 3 IN SAID PLAT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT, SAID SOUTHWEST CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF 14 FOOT WIDE NORTH- 12 SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT # 134 IN THE PLAT OF “HASTINGS, WOODWARD & GRAY’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID LOT CORNER ALSO BEING ON THE SOUTH LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6077-2673 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6126- 451402 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL, SAID NORTHWEST PARCEL CORNER ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GREENLAWN AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE AND ITS’ SOUTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WALL STREET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6126- 451401 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MISHAWAKA AVENUE; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE FIRST 14 FOOT WIDE EAST-WEST PUBLIC ALLEY NORTH OF MISHAWAKA AVENUE, EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND THE NORTH LINE OF SAID PUBLIC ALLEY TO A POINT OF INTERSECTION WITH THE EAST LINE OF EMERSON AVENUE; THENCE CONTINUING WEST TO THE SOUTHEAST CORNER OF LOT # 711 IN THE PLAT OF “WHITCOMB & KELLER’S 3RD SUNNYMEADE” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE CONTINUING ALONG THE SOUTH AND WEST LINE OF SAID LOT AND THE WEST LINES OF LOTS # 711, # 710, # 709 AND # 708 IN SAID PLAT AND THE NORTHERLY EXTENTION OF THE WEST LINE OF SAID LOT # 708 TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD RIGHT-OF-WAY; THENCE NORTHWESTERLY A DISTANCE OF 100 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO THE SOUTHEASTERLY CORNER OF LOT # 508 IN SAID PLAT; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 41.4 FEET MORE OR LESS; THENCE SOUTHWESTERLY A DISTANCE OF 30 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT # 507 IN SAID PLAT; THENCE NORTHWESTERLY ALONG SAID SOUTHELY LINE AND CROSSING LONGFELLOW AVENUE (70 FT. WIDE) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID LONGFELLOW AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO THE SOUTHWESTERLY CORNER OF LOT # 485 IN SAID PLAT; THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER OF SAID LOT, SAID CORNER BEING ON THE EASTERLY LINE OF A 14 FOOT WIDE PUBLIC ALLEY; THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID ALLEY AND ITS WESTERLY EXTENTION TO A POINT ON THE SOUTH LINE OF LOT # 434 IN SAID PLAT OF “WHITCOMB & KELLER’S 3RD SUNNYMEADE” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT # 434 AND LOTS 433, 432, 431, AND 430 TO THE SOUTHWEST CORNER OF SAID LOT 430; THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER OF SAID LOT; THENCE IN A NORTHWESTERLY DIRECTION CROSSING BELMONT AVE. (60 FT. R/W) TO THE SOUTHWEST CORNER OF LOT #425 IN SAID PLAT, SAID CORNER ALSO BEING THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SOUTH STREET; THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF EDDY STREET; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND CROSSING SUNNYMEADE AVENUE (60 FT. WIDE), WAYNE STREET (80 FT. WIDE), JEFFERSON BOULEVARD (82.5 FT. WIDE), COLFAX AVENUE (82.5 FT. WIDE) AND CONTINIUING ALONG SAID EAST RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE CENTERLINE OF LA SALLE AVENUE; THENCE EAST ALONG SAID CENTERLINE TO THE CENTERLINE OF SUNNYSIDE AVENUE; THENCE NORTH ALONG SAID CENTERLINE TO THE CENTERLINE OF ROCKNE DRIVE; THENCE NORTHEASTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 38 IN WOODED ESTATES AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTHEASTERLY ALONG THE SOUTHEAST LINES OF LOTS 38, 37 AND 36 TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WHITE OAK DRIVE; THENCE NORTHEASTERLY TO THE SOUTHWESTERLY CORNER OF LOT 35 IN SAID WOODED ESTATES; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 13 35, 34, 33, 32, 31 AND 30 IN SAID WOODED ESTATES TO THE WESTERLY RIGHT-OF-WAY LINE OF BLACK OAK DRIVE; THENCE NORTHEASTERLY TO THE NORTHWEST CORNER OF LOT 48 IN SAID WOODED ESTATES; THENCE EAST ALONG THE NORTH LINE OF LOTS 48, 51, 52, 53 AND 54 TO THE CENTERLINE OF OAK RIDGE DRIVE; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE CENTERLINE OF EDISON ROAD; THENCE WEST TO THE EAST LINE OF LOT 5 VACVAL AND DAVIDSON SUBDIVISION PROJECTED SOUTH; THENCE NORTH ALONG SAID EAST LINE AND ITS PROJECTION TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WEST TO THE EAST PROPERTY LINE OF A PARCEL OF LAND OWNED BY PATRICK AND JOSEPHINE SIMERI; THENCE NORTH TO THE NORTHEAST CORNER OF SAID SIMERI PARCEL; THENCE WEST ALONG THE NORTH LINE OF SIMERI PARCEL TO THE NORTHWEST CORNER OF SAID SIMERI PARCEL; THENCE SOUTH ALONG THE WEST LINE OF SAID SIMERI PARCEL TO A POINT 208.71 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, ST. JOSEPH COUNTY, INDIANA; THENCE WEST PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 208.71 FEET; THENCE NORTH TO THE NORTHEAST CORNER OF THE JAMISON INN CONDOMINIUM; THENCE WEST ALONG THE NORTH LINE OF SAID JAMISON INN CONDOMINIUM TO THE CENTERLINE OF IVY ROAD; THENCE SOUTH ALONG SAID CENTERLINE OF IVY ROAD TO THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD; THENCE WESTERLY, SOUTHWESTERLY AND WESTERLY ALONG SAID NORTH RIGHT OF –WAY LINE OF EDISON ROAD AND CHANGING TO ANGELA BOULEVARD TO THE SOUTHWEST CORNER OF A PARCEL OF LAND HAVING TAX KEY NUMBER 18-5123-4392.03 IN RECORDS OF THE ST. JOSEPH COUNTY AUDITOR’S OFFICE; THENCE NORTH ALONG THE WEST PROPERTY LINE OF SAID TAX KEY NUMBER 18-5123-4392.03 TO THE CENTERLINE OF THE NOW VACATED ANGELA BOULEVARD; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE OF THE NOW VACATED ANGELA BOULEVARD TO THE CENTERLINE OF NOTRE DAME AVENUE; THENCE WEST ALONG THE CENTERLINE OF ANGELA BOULEVARD TO THE WEST LINE OF LOT 95 UNIVERSITY HEIGHTS AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA PROJECTED NORTH; THENCE SOUTH ALONG THE WEST LINES OF LOTS 95, 94, 93, 92, 33 AND 32 TO THE SOUTHWEST CORNER OF SAID LOT 32; THENCE WEST ALONG THE NORTH LINES OF LOTS 29 THRU 6 IN UNIVERSITY HEIGHTS TO THE CENTERLINE OF LAWRENCE STREET; THENCE SOUTH ALONG SAID CENTERLINE TO THE CENTERLINE OF NAPOLEON STREET; THENCE WEST ALONG SAID CENTERLINE TO THE CENTERLINE OF NILES AVENUE; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO THE CENTERLINE OF CORBY STREET; THENCE WEST ALONG SAID CENTERLINE AND ITS WESTERLY EXTENTION TO THE POINT OF BEGINNING. 14 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST Property Address Parcel ID Owner of Record Unimproved Parcel 018-5001-000201 WHARF PARTNERS LLC Unimproved Parcel 018-5001-000202 WHARF PARTNERS LLC Unimproved Parcel 018-5001-000204 WHARF PARTNERS LLC 502 E COLFAX AVE 018-5004-0075 BUZALSKI RAYMOND E 510 E COLFAX AVE 018-5004-007501 SINGH BHOLA 512 E COLFAX AVE 018-5004-007502 SINGH BHOLA 122 S NILES AVE 018-5010-028510 RIVER RACE TOWNHOMES LLC 323 N EDDY ST 018-5017-0576 KRUSE ROBERT Unimproved Parcel 018-5017-0586 Unimproved Parcel 018-5017-0587 Unimproved Parcel 018-5017-0588 Unimproved Parcel 018-5018-0635 NGUYEN KEVIN 535 N EDDY ST 018-5027-0962 TIFFANY JOHN A Unimproved Parcel 018-5027-0975 FERRUFINO MARTIN R & LUZ E 1046 E MINER ST 018-5027-0988 BUMBACA FILIPPO 513 N EDDY ST 018-5027-0999 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 507 N EDDY ST 018-5027-1000 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 501 N EDDY ST 018-5027-1001 MACSWAIN RYAN AND LORRAINE 741 N EDDY ST 018-5028-1010 FISCHER MICHAEL T & FISCHER MICHAEL J & FISCHER SEBASTIAN G 733 N EDDY ST 018-5028-1015 HOUSING AUTHORITY OF SOUTH BEND 729 N EDDY ST 018-5028-1016 HOUSING AUTHORITY OF THE CITY OF SOUTH BEND 727 N EDDY ST 018-5028-1017 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 723 N EDDY ST 018-5028-1022 SMITH BRENDA & JONES MOSLEY DEBRA & JONES CARLYN & ROMY & CLARENCE 715 N EDDY ST 018-5028-1025 BINGHAM MARVIN T 709 N EDDY ST 018-5028-1029 KING BROTHERS INVESTMENTS LLC 705 N EDDY ST 018-5028-1030 DORE PROPERTIES LLC 701 N EDDY ST 018-5028-1031 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 625 N EDDY ST 018-5028-1036 LESSER DANIEL AND JANETTE 621 N EDDY ST 018-5028-1037 COOREMAN STEVE A 15 617 N EDDY ST 018-5028-1038 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 615 N EDDY ST 018-5028-1039 607 N EDDY ST 018-5028-1044 GORDON ELEANOR A 605 N EDDY ST 018-5028-1045 JACKSON SHARON 601 N EDDY ST 018-5028-1046 JACKSON SHARON Unimproved Parcel 018-5030-1084 BAYSIDE LLC Unimproved Parcel 018-5038-132201 701 NILES LLC 322 N EDDY ST 018-5039-1373 CARDINAL HEALTH CARE PROPERTIES LLC Unimproved Parcel 018-5082-2851 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 538 N EDDY ST 018-5082-2852 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 534 N EDDY ST 018-5082-2853 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC Unimproved Parcel 018-5082-2866 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC Unimproved Parcel 018-5082-2880 MT OLIVE M B BAPTIST CHURCH 514 N EDDY ST 018-5082-2881 URBAN U PARTNERS LLC 510 N EDDY ST 018-5082-2882 VCC PROPERTIES LLC Unimproved Parcel 018-5082-2894 247 INVESTMENTS LLC 432 N EDDY ST 018-5083-2906 HUNT GERALD P AND JESSICA L 428 N EDDY ST 018-5083-2908 MILLER JERRY 424 N EDDY ST 018-5083-2916 JADE REALTY MICHIANA LLC & 4TRON INVESTMENT LLC 422 N EDDY ST 018-5083-2920 NVNG LLC 418 N EDDY ST 018-5083-2924 DUBELYN CORPORATION 410 N EDDY ST 018-5083-2928 SLM MANAGEMENT LLC 408 N EDDY ST 018-5083-2932 LEE HARDY & ROSE M 1101 E MADISON ST 018-5083-2936 WALSH JAMES T JR TRUST & AUDREY M WALSH TRUST JAMES T WALSH JR TRUSTEE EACH TRUST HOLDS AN UNDIVIDED 1/2 INTEREST AS TIC 334 N EDDY ST 018-5083-2944 DIPU PROPERTY LLC 1106 E CHALFANT ST 018-5084-2954 DORE PROPERTIES LLC 714 N EDDY ST 018-5084-2966 GOODSELL TIM & SUYEN 706 N EDDY ST 018-5084-2967 TIFFANY JOHN P 1102 E BISSELL ST 018-5084-2978 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 610 N EDDY ST 018-5084-2990 PAPAGIANNIS MICHAEL 16 1283 E SOUTH BEND AVE 018-5097-3423 HOUSING AUTHORITY Unimproved Parcel 018-5097-3441 MILLER JEANETTE & JOHN SHERRY Unimproved Parcel 018-5102-357901 UNIVERSITY OF NOTRE DAME Unimproved Parcel 018-5102-3585 BUMBACA LEONARDO 1333 E HOWARD ST 018-5102-3590 HUIZAR LINO & MARICRUZ 1337 E HOWARD ST 018-5102-3591 NVNG LLC 300 S ST LOUIS BLVD 018-6002-0031 PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % INT & LODDER DIETER W & MONIKA M TRUSTEE OF THE DIETER W & MONIKA M LODDER LIVING TRUST 75.47% INT 300 S ST LOUIS BLVD 018-6002-0031 PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % INT & LODDER DIETER W & MONIKA M TRUSTEE OF THE DIETER W & MONIKA M LODDER LIVING TRUST 75.47% INT Unimproved Parcel 018-6002-0043 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0044 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0045 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0048 SCHEFMEYER DONALD H 1024 E QUIMBY ST 018-6006-0154 FRANTZ JERRY D & BEVERLY D Unimproved Parcel 018-6006-016401 PREMIUM CAPITAL HOLDINGS INC Unimproved Parcel 018-6006-016402 THE ROBERT HENRY CORP Unimproved Parcel 018-6006-016403 ROBERT HENRY CORPORATION 404 S FRANCES ST 018-6008-0184 HENRY-WILLIAMS INC 420 S FRANCES ST 018-6008-0188 THE ROBERT HENRY CORPORATION 426 S FRANCES ST 018-6008-0189 ROBERT HENRY CORP 428 S FRANCES ST 018-6008-0190 THE ROBERT HENRY CORPORATION P.O. BOX 1407 432 S FRANCES ST 018-6008-0191 ROBERT HENRY CORP 921 LOUISE ST 1/2 018-6011-0269 RONNENBERG LLC 407 S EDDY ST 018-6013-0285 DLD REAL ESTATE LLC Unimproved Parcel 018-6013-0286 HERRMAN THOMAS J AND KATHLEEN A 421 S EDDY ST 018-6013-028701 HERRMAN THOMAS J AND KATHLEEN A 425 S EDDY ST 018-6013-0292 HERRMAN THOMAS J AND KATHLEEN A 429 S EDDY ST 018-6013-0294 HERMANN THOMAS J AND KATHLEEN 435 S EDDY ST 018-6013-0299 HERRMAN THOMAS J AND KATHLEEN A Unimproved Parcel 018-6013-0300 HERRMAN THOMAS J AND KATHLEEN A 17 Unimproved Parcel 018-6013-030001 HERRMAN THOMAS J AND KATHLEEN A 519 S EDDY ST 018-6013-0304 KELLEY ROBERT & DEBORAH AND KELLEY KATHRYN 509 S EDDY ST 018-6013-030401 KELLEY ROBERT & DEBORAH AND KELLEY KATHRYN 525 S EDDY ST 018-6013-0310 525 SOUTH EDDY LLC Unimproved Parcel 018-6013-0311 525 SOUTH EDDY LLC Unimproved Parcel 018-6013-0314 525 SOUTH EDDY LLC 533 S EDDY ST 018-6013-0315 ST JOSEPH VALLEY DETACHMENT MARINE CORP LEAGUE Unimproved Parcel 018-6015-0327 WOOD CHRISTIAN L Unimproved Parcel 018-6015-0328 WOOD CHRISTIAN L Unimproved Parcel 018-6015-0329 WOOD CHRISTIAN L 1237 NORTHSIDE BLVD 018-6017-0396 MULBERRY HILL LLC 1303 E NORTHSIDE BLVD 018-6017-0402 URI INVESTMENTS LLC 1331 E NORTHSIDE BLVD 018-6020-0488 WOOD CHRISTIAN L 1345 E NORTHSIDE BLVD 018-6020-0498 ST. JOSEPH COUNTY BLDG. TRADES CNL 1345 E NORTHSIDE BLVD 018-6020-0499 ST. JOSEPH COUNTY BLDG. TRADES CNL Unimproved Parcel 018-6020-0500 ST. JOS. COUNTY BLDG. TRADE COUNCIL Unimproved Parcel 018-6020-0510 SOUTH BEND - MISHAWAKA BOARD OF REALTORS INC 1357 E NORTHSIDE BLVD 018-6020-0511 SO BEND MISHAWAKA BOARD OF REALTORS 1405 E NORTHSIDE BLVD 111 018-6021-0556 PARAMOUNT PROPERTIES INC 1301 CLOVER ST 018-6026-0703 RIVER ROCK INC 1305 CLOVER ST 018-6026-0704 RIVER ROCK INC 1313 CLOVER ST 018-6026-0706 RIVER ROCK INC Unimproved Parcel 018-6026-0707 RIVER ROCK INC 1433 E NORTHSIDE BLVD 018-6026-0708 RIVER ROCK INC 1441 E NORTHSIDE BLVD 018-6026-0724 YOUNG & NURKOWSKI CPAS 1225 S TWYCKENHAM DR 018-6026-072801 HOUSING AUTHORITY OF THE CITY OF SOUTH BEND 2022 MISHAWAKA AVE 018-6027-073301 ST JOSEPH COUNTY PUBLIC LIBRARY SEE TRANSFER NOTES 18 2130 E MISHAWAKA AVE 018-6032-0936 NATIONAL OIL & GAS INC 2202 E MISHAWAKA AVE 018-6032-0969 CATALDO MARIA ROSE IRREVOCABLE TRUST 2208 E MISHAWAKA AVE 018-6032-0970 MISHAWAKA REALCO LLC 2210 E MISHAWAKA AVE 018-6032-0971 NEW PARIS DEVELOPMENT COMPANY LLC 2214 E MISHAWAKA AVE 018-6032-0972 NEW PARIS DEVELOPMENT COMPANY LLC 2216 E MISHAWAKA AVE 018-6032-097201 NEW PARIS DEVELOPMENT COMPANY LLC 2228 E MISHAWAKA AVE 018-6032-0973 CKD PROPERTIES LLC 2302 E MISHAWAKA AVE 018-6034-1031 JASON ADAM LLC 2310 E MISHAWAKA AVE 018-6034-103101 JASON ADAM LLC 2312 E MISHAWAKA AVE 018-6034-103102 JASON ADAM LLC 2316 E MISHAWAKA AVE 018-6034-103103 INDIANA LAND TRUST 6132 2402 E MISHAWAKA AVE 018-6034-1050 MATHEWS SUSAN K 2406 E MISHAWAKA AVE 018-6034-105101 HOOVER JAMES EARL AND DIANA J 2410 E MISHAWAKA AVE 018-6034-1053 RIVER PARK GRACE CHURCH INCORPORATED 2416 E MISHAWAKA AVE 018-6034-1054 RIVER PARK GRACE CHURCH INC 2502 E MISHAWAKA AVE 018-6034-1055 RF GOODCHILD 2508 E MISHAWAKA AVE 018-6034-1056 GOODCHILD ROD F 2512 E MISHAWAKA AVE 018-6034-1057 LONIELLO BRADLEY S 2516 E MISHAWAKA AVE 018-6034-1058 PETERSON MICHAEL L TRUSTEE OF THE MICHAEL L PETERSON REVOCABLE TRUST & LISA ANNE PETERSON TRUSTEE OF THE LISA ANNE PETERSON REVOCABLE TRUST AS TIC 2528 E MISHAWAKA AVE 018-6034-1072 PALMER FUNERAL HOMES INC 2602 E MISHAWAKA AVE 018-6038-1181 CASKIE CAPITAL MANAGEMENT LLC 19 Unimproved Parcel 018-6038-1183 CASKIE CAPITAL MANAGEMENT LLC 2716 E MISHAWAKA AVE 018-6038-1208 CALET PARTNERSHIP 2714 E MISHAWAKA AVE 018-6038-1209 THYME OF GRACE LLC 2702 E MISHAWAKA AVE 018-6038-1210 EMRO MARKETING COMPANY 2720 E MISHAWAKA AVE 018-6038-1217 MATTSONS MEAT MASTERS LLC 2730 E MISHAWAKA AVE 018-6038-1218 STOYANOV STOYAN SEE TRANSFER NOTE 2802 E MISHAWAKA AVE 018-6043-1405 HENDRICKSON SHARON LEE 2810 E MISHAWAKA AVE 018-6043-1406 HENDRICKSON SHARON LEE 2904 E MISHAWAKA AVE 018-6043-1407 FAMILY PET HOLDING LLC Unimproved Parcel 018-6043-1408 FAMILY PET HOLDING LLC 2910 E MISHAWAKA AVE 018-6043-1409 FAMILY PET HOLDING LLC Unimproved Parcel 018-6045-1457 FAMILY PET HOLDING LLC 2926 E MISHAWAKA AVE 018-6045-1458 FLAGSTAR BANK FSB Unimproved Parcel 018-6045-145801 FLAGSTAR BANK FSB Unimproved Parcel 018-6045-1471 NORTH CENTRAL DISTRICT MISSIONARY CHURCH INC C/O GOSPEL CENTER CHURCH Unimproved Parcel 018-6045-1473 DOWNING MICHAEL J 3016 E MISHAWAKA AVE 018-6045-1474 DOWNING MICHAEL 3024 E MISHAWAKA AVE 018-6045-148401 BID MICHIANA LLC 3030 E MISHAWAKA AVE 018-6045-148402 PROPERTIES OF VALUE LLC 907 S 31ST ST 018-6045-148403 BID MICHIANA LLC 3502 E MISHAWAKA AVE 018-6053-1758 ALKATTAN KAHLIL J 3506 E MISHAWAKA AVE 018-6053-1759 GREEN CITY II LLC Unimproved Parcel 018-6053-175901 GREEN CITY II LLC 3302 E MISHAWAKA AVE 018-6054-1782 TIMOTHY WARREN & ASSOCIATES INC 3306 E MISHAWAKA AVE 018-6054-1784 PROPERTIES OF VALUE LLC 20 3312 E MISHAWAKA AVE 018-6054-1785 BARTSCHI PAUL E III & SARAH 3314 E MISHAWAKA AVE 018-6054-1795 W & A LLC 3324 E MISHAWAKA AVE 018-6054-179501 W & A LLC 3410 E MISHAWAKA AVE 018-6054-1807 SILL JOHN A 3414 E MISHAWAKA AVE 018-6054-1819 WILDER LLOYD L & MARIA L 3418 E MISHAWAKA AVE 018-6054-1820 COLE JASON R 3422 E MISHAWAKA AVE 018-6054-1821 NIEDBALSKI CHRIS 3102 E MISHAWAKA AVE 018-6057-1927 XARIS PROPERTIES LLC 3106 E MISHAWAKA AVE 018-6057-1928 CHARLES S HAYES INC 3112 E MISHAWAKA AVE 018-6057-1929 SHERMAISTER MOSHE & OFFENBACH JOAB 3114 E MISHAWAKA AVE 018-6057-1939 SPLIT ENZ LLC 3118 E MISHAWAKA AVE 018-6057-1940 HOUGH HAROLD L 911 S 32ND ST 018-6057-1941 HOUGH HAROLD & KARI 3122 E MISHAWAKA AVE 018-6057-194101 LOVIN PROPERTIES LLC 3202 E MISHAWAKA AVE 018-6057-1951 POUYA PROPERTIES LLC 3206 E MISHAWAKA AVE 018-6057-1952 KAPITAN AL & SHIRLEY 912 S 32ND ST 018-6057-1953 GERICKE RANDY G 3210 E MISHAWAKA AVE 1 018-6057-1954 KOKOT DALE A & MARCIA A KOVAS- KOKOT 3214 E MISHAWAKA AVE 018-6057-1965 SIKORSKI TODD A 3222 E MISHAWAKA AVE 018-6057-1966 HULLINGER JAMES L AND JENNIFER H REVOCABLE LIVING TRUST 3514 E MISHAWAKA AVE 018-6058-1977 GATES DANIEL L JR 3518 E MISHAWAKA AVE 018-6058-1978 SCHMITT GEORGE V III AND ENID REV TRUST AND AS TRUSTEES SEE TRANSFER NOTE 3524 E MISHAWAKA AVE 018-6058-1979 WILSON DONNIS TOD AND KELLY 21 3604 E MISHAWAKA AVE 018-6058-1989 STACY JESSE & MARY 3606 E MISHAWAKA AVE 018-6058-1990 TEPE FURNITURE INC. 3610 E MISHAWAKA AVE 018-6058-1991 OLSON TERRY SCOTT & RODGERS- OLSON DEBRA L 1/2INT,& WROBLEWSKI CASIMIR JEROME & CRYSTLE L 1/2INT AS TIC 3616 E MISHAWAKA AVE 018-6058-2002 KENT MATTHEW E AND KATHERINE M 3618 E MISHAWAKA AVE 018-6058-2003 LAMBORN DENNIS & FERRARO JANET 3620 E MISHAWAKA AVE 018-6058-2004 BOURTHOUMIEU JOHN 3624 E MISHAWAKA AVE 018-6058-2005 TMQ PROPERTIES LLC 911 S LOGAN ST 018-6058-2006 JBS CUSTOM HOMES LLC 837 S IRONWOOD DR 100 018-6061-2089 IRONWOOD MISHAWAKA LLC 2207 E MISHAWAKA AVE 018-6061-2101 SOUTHLAND CORPORATION 854 S 23RD ST 018-6062-2130 SOUTH BEND REAL ESTATE 4 LLC 2301 E MISHAWAKA AVE 018-6062-2131 KAMBOJ INC Unimproved Parcel 018-6062-2145 ALLICO PROPERTY MANAGEMENT LLC 2323 E MISHAWAKA AVE 018-6062-2147 ALLICO PROPERTY MANAGEMENT LLC 2407 E MISHAWAKA AVE 018-6063-2159 BUZALSKI RAYMOND E & JUDITH 2411 E MISHAWAKA AVE 018-6063-2160 DAVID A NUFER LLC Unimproved Parcel 018-6063-2174 MISHAWAKA FED SAV AND LOAN ASSO 2425 E MISHAWAKA AVE 018-6063-2175 MISHAWAKA FED SAVINGS AND LOAN ASSN 2501 E MISHAWAKA AVE 018-6064-2189 RIVER PARK POST 303 THE AMERICAN LEGION INC 2515 E MISHAWAKA AVE 018-6064-2202 CARRICO SUSAN TRUST AGREEMENT 2517 E MISHAWAKA AVE 018-6064-2203 BUDAGOV HANI & SHMUEL 2521 E MISHAWAKA AVE 018-6064-2204 MILLER RONALD L & ELIZABETH A 22 846 S 26TH ST 018-6065-2216 846 CANDIDA ABRAHAMSON REVOCABLE TRUST 10/21/15 2601 E MISHAWAKA AVE 018-6065-221601 KNAPP ANDREW H & LINDA R 2605 E MISHAWAKA AVE 018-6065-2217 LETTS KAREN 2609 E MISHAWAKA AVE 018-6065-2218 TADDEO HOLDINGS LLC 2615 E MISHAWAKA AVE 018-6065-2230 MANTHAY MARK A 2621 E MISHAWAKA AVE 018-6065-2231 FAMILY PET HOLDING LLC SEE TRANSFER NOTE 845 S 27TH ST 018-6065-2232 FAMILY PET HOLDING LLC SEE TRANSFER NOTE Unimproved Parcel 018-6065-2233 FAMILY PET HOLDING LLC SEE TRANSFER NOTE 2623 E MISHAWAKA AVE 018-6065-2234 DADE PROPERTIES LLC 2701 E MISHAWAKA AVE 1 018-6066-2247 TABARAK REAL ESTATE HOLDINGS AND INVESTMENTS USA LLC 2705 E MISHAWAKA AVE 018-6066-2248 REYES MIZAEL 2709 E MISHAWAKA AVE 018-6066-2249 HALL SANDRA ROLAND 2713 E MISHAWAKA AVE 018-6066-2261 MORGAN EARL K AND NANNIE L TRUSTEES OF EARL K MORGAN & NANNIE L MORGAN FAMILY TRUST NOV 7 1996 LIFE ESTATE 2717 E MISHAWAKA AVE 018-6066-2262 SHANNON ROBERT P & JOSETTE M 845 S 28TH ST 018-6066-2263 PAJAKOWSKI AMY A 2721 E MISHAWAKA AVE 018-6066-2264 FETHEROLF G L & MARYELLEN 2801 E MISHAWAKA AVE 018-6067-2276 KAPITAN AL 2805 E MISHAWAKA AVE 018-6067-2277 GEAN KENNETH R 2809 E MISHAWAKA AVE 018-6067-2278 WJA PROPERTIES LLC 2813 E MISHAWAKA AVE 018-6067-2288 ROLAND-HALL SANDRA 845 S 29TH ST 018-6067-2289 TAJTELBAUM NAOMI 2819 E MISHAWAKA AVE 018-6067-2290 LESSER DANIEL AND JANETTE 23 2821 E MISHAWAKA AVE 018-6067-2291 WEAVER CHARLES A 2901 E MISHAWAKA AVE 1 018-6067-2303 WEAVER PROPERTY SERVICES LLC BRIAN K WEAVER 2905 E MISHAWAKA AVE 018-6067-2304 WEAVER PROPERTY SERVICES LLC 2911 E MISHAWAKA AVE 018-6067-2305 GERMANO NANCY M 2915 E MISHAWAKA AVE 018-6084-2983 SOUTH BEND REAL ESTATE 2 LLC *SPECIAL CORP WARRANTY 2919 E MISHAWAKA AVE 018-6084-2984 DD & J PARTNERSHIP 2921 E MISHAWAKA AVE 018-6084-2985 DD & J PARTNERSHIP 2923 E MISHAWAKA AVE 018-6084-2986 DD & J PARTNERSHIP 2925 E MISHAWAKA AVE 018-6084-2988 DD & J PARTNERSHIP 2929 E MISHAWAKA AVE 018-6084-2990 RIVER PARK THEATER LLC 3001 E MISHAWAKA AVE 018-6084-2991 BENZUR MARK A 3011 E MISHAWAKA AVE 018-6084-2993 CASTOR LIQUIDATION LLC 3007 E MISHAWAKA AVE 018-6084-299301 CASTOR LIQUIDATION LLC 3013 E MISHAWAKA AVE 018-6084-2997 MYERS DAVID E & PAMELA S 3015 E MISHAWAKA AVE 018-6084-2999 MCGOWAN & MCGOWAN LLC Unimproved Parcel 018-6084-3000 MCGOWAN & MCGOWAN LLC 3023 1/2 E MISHAWAKA AVE 018-6084-3001 EGENDOERFER KIM E 3031 E MISHAWAKA AVE 1 018-6084-3003 EGENDOEFER KIM E 3101 E MISHAWAKA AVE 018-6088-3123 ENGENDOERFER KIM 3105 E MISHAWAKA AVE 018-6088-3124 TROYER EMMETT K & CAROL L 3109 E MISHAWAKA AVE 018-6088-3125 EGENDOERFER KIM E SR AND REBECCA N 3113 E MISHAWAKA AVE 018-6088-3126 EGENDOERFER KIM E & EGENDOERFER REBECCA N 24 3121 E MISHAWAKA AVE 018-6088-3127 GLUECKERT JOHN C & MICHELLE C 3201 E MISHAWAKA AVE 018-6089-3151 HAWKINS CLIFFORD J & SHARITA SCOTT 3205 E MISHAWAKA AVE 018-6089-3152 WALKOWSKI CHRISTOPHER AND KRYSTAL 3209 E MISHAWAKA AVE 018-6089-3153 JULIES EYECARE INC 3213 E MISHAWAKA AVE 018-6089-3154 TREW PALMER BEVERLY A REVOCABLE TRUST AND AS TRUSTEE 3217 E MISHAWAKA AVE 018-6089-3155 HUPP THOMAS J 3221 E MISHAWAKA AVE 018-6089-3156 DAVIS DAVID D & LUNSFORD DAVIS PATSY 3301 E MISHAWAKA AVE 018-6091-3211 GRAY ESTATES LLC 3305 E MISHAWAKA AVE 018-6091-3212 PUGH STEPHEN T 3309 E MISHAWAKA AVE 018-6091-3213 PUGH MICHAEL D. AND SHARON M. 3313 E MISHAWAKA AVE 018-6091-3214 SHILUE CATHERINE 3317 E MISHAWAKA AVE 018-6091-3215 COLT LARRY D & ELIZABETH J 3323 E MISHAWAKA AVE 018-6091-3216 WEAVER STEVEN E 3401 E MISHAWAKA AVE 018-6091-3217 BARAJAS ROBERT & DEBRA 3405 E MISHAWAKA AVE 018-6091-3218 SAYGER ALLEN W & JANEL 3409 E MISHAWAKA AVE 018-6091-3219 CRAIG ERIC A & GLORIA K 3413 E MISHAWAKA AVE 018-6091-3220 GARRETT ROBERT W. & VICKIE GARRETT 3417 E MISHAWAKA AVE 018-6091-3221 BRATTON LANNY O 3421 E MISHAWAKA AVE 018-6091-3222 TROXEL DAVID JAMES 3501 E MISHAWAKA AVE 018-6096-3424 HAYEN STEPHANIE 3507 E MISHAWAKA AVE 018-6096-3425 JERZAK JENNY L 3509 E MISHAWAKA AVE 018-6096-3426 HOLM JAMES C 3513 E MISHAWAKA AVE 018-6096-3438 HOUSOUER NERLITA B 25 3517 E MISHAWAKA AVE 018-6096-3439 ANDREWS TODD 3523 E MISHAWAKA AVE 018-6096-3440 KISH DONALD G & KIRSTEN W SEE TRANSFER NOTE 3601 E MISHAWAKA AVE 018-6097-3462 JOLLY MICHAEL F 3609 E MISHAWAKA AVE 018-6097-3464 WILLIAMS CHRIS L & DIANA L 845 S LOGAN ST 018-6097-3476 JOHN SHERRY & MILLER JANETTE (1/2EA % BURKHART ADVERTISING 3617 E MISHAWAKA AVE 018-6097-3477 PROPERTIES OF VALUE LLC 3623 E MISHAWAKA AVE 018-6097-3479 OMA AND OPA LLC Unimproved Parcel 018-6116-4167 BRENAY JAMES A & PHYLLIS M 1117 E MISHAWAKA AVE 018-6116-4169 BRENAY JAMES A & PHYLLIS M 1107 E MISHAWAKA AVE 018-6116-4171 B & A HOMES LLC Unimproved Parcel 018-6131-4651 BLOSS DEL & DARYL RE #1 LLC 2620 E MISHAWAKA AVE 018-6137-4710 SURPLUS INSURANCE BROKERS AGENCY INC 2626 E MISHAWAKA AVE 018-6137-471001 NUFER DAVID A LLC 1601 LINCOLN WAY E 018-7079-2870 HIGHFIELD JAMES R % NUNEMAKERS Unimproved Parcel 018-7079-2871 HIGHFIELD JAMES R % NUNEMAKERS Unimproved Parcel 018-7079-2872 LEFTA LLC 1615 LINCOLN WAY E 018-7079-2873 INDIANA UNIVERSITY TRUSTEES OF Unimproved Parcel 018-7079-287301 HIGHFIELD JAMES R Unimproved Parcel 018-7079-2875 INDIANA UNIVERSITY TRUSTEES OF Unimproved Parcel 018-7079-2876 INDIANA UNIVERSITY TRUSTEES OF Unimproved Parcel 018-7079-2877 INDIANA UNIVERSITY TRUSTEES OF 1631 LINCOLN WAY E 018-7079-2879 INDIANA UNIVERSITY TRUSTEES OF 1641 LINCOLN WAY E 018-7079-2882 INDIANA UNIVERSITY FOUNDATION INC Unimproved Parcel 018-7079-2883 INDIANA UNIVERSITY FOUNDATION INC 1717 LINCOLN WAY E 018-7079-2884 INDIANA UNIVERSITY FOUNDATION INC 1721 LINCOLN WAY E 018-7079-288409 INDIANA UNIVERSITY FOUNDATION INC 26 Appendix D – DEVELOPMENT AREA PLAN DOCUMENTS The following plans cover all or some of the River East Development Area and provide further details on the activities, goals, and objectives within it: CITYWIDE PLANS  Bike South Bend 2010-12 Plan (2010)  South Bend Comprehensive Plan (City Plan) (2006)  Housing and Community Development Plan (2009) NEIGHBORHOOD PLANS  East Bank Village Master Plan – Phase 1 (2008)  Howard Park Neighborhood Plan (2012) COMMERCIAL CORRIDOR PLANS  Mishawaka Avenue Streetscape Beautification Plan (2008) VENUES, PARKS & ARTS PLANS  Riverfront Parks & Trails Conceptual Framework (View Riverfront Parks & Trails Page) (2016) CITY OF SOUTH BEND 2019 RIVER WEST DEVELOPMENT AREA PLAN 1 Table of Contents Purpose ...................................................................................................... 2 History of River West Development Area .................................................. 2 Location of River West Development Area ............................................... 2 Development Area Activities ..................................................................... 2 Goals / Objectives ...................................................................................... 3 Tax Increment Financing (“TIF”) District .................................................... 5 Statutory Findings ...................................................................................... 5 Acquisition of Real Property in the River West Development Area .......... 6 Procedure for Amendment of the River West Development Area Plan ... 6 APPENDIX ................................................................................................... 7 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY ...................... 8 Appendix B – LEGAL DESCRIPTION ......................................................... 9 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST ...... 32 Appendix D – DEVELOPMENT AREA PLAN DOCUMENTS ..................... 47 2 Purpose The purpose of the River West Development Area Plan is as follows:  To provide a broad vision and strategy for the economic and physical revitalization of the River West Development Area, and  To establish a framework for ongoing collaborative planning efforts involving residents and other property owners, business owners, civic associations, institutional partners, and local government. History of River West Development Area The South Bend Redevelopment Commission designated the Central Downtown Urban Renewal Area in 1968 [Declaratory Resolution No.215 and Confirming Resolution No.233]. The Central Downtown Urban Renewal Area was merged with the Northeast Development Area and the Monroe Sample Development Area in 1985 to create the South Bend Central Development Area. [Declaratory Resolution No.737 and Confirming Resolution No.739] The South Bend Central Development Area West of the River was merged with the Airport Economic Development Area in 2014 to form the River West Development Area. [Declaratory Resolution No.3229 and Confirming Resolution No.3256] Location of River West Development Area The River West Development Area includes downtown South Bend, the Southwest, Far Westside and Airport Area. The development area boundary is more specifically represented by the boundary map in Appendix A and in the legal description found in Appendix B. Development Area Activities The goals and objectives for the River West Development Area will be accomplished through a combination of public and private actions. Public actions may be any redevelopment activities permitted by state law, including, but not limited to, the following: 1. Provision for public works improvements to infrastructure, such as streets and roads, sidewalks, curbs, water mains, storm drains, sewers and other utilities, lighting, traffic controls, and landscaping of public spaces and rights-of-way; 2. Vacation and dedication of public rights-of-way; 3. Provision for other public facilities and improvements; 4. Property acquisition and the assemblage of properties for the siting of new development; 5. Relocation of individuals, households, or businesses; 6. Disposition of assembled sites, rehabilitated structures, and other properties; 7. Rehabilitation or demolition of built structures; 8. Environmental study and remediation of properties; 9. Pre-development activities, such as engineering, architectural work, planning, traffic analysis, market area analysis, marketing, program development, title, survey, appraisal, and legal work; or 10. Any other activity pertaining to planning and implementing the River West Development Plan. 3 Activities, as well as goals and objectives, may be further detailed in adopted neighborhood and master plans for areas within the River West Development Area. These plan documents are listed in Appendix D. The following are the goals and objectives for the River West Development Area: Goals / Objectives 1. Land Use and Growth: Encourage sustainable growth that preserves and enhances the character of the City of South Bend (the “City”) and ensures compatibility of land uses in the community. a. Support the use and redevelopment of land in accordance with established plans. b. Prioritize development in established areas over development at the edge of the city. c. Promote high quality neighborhoods, especially those that offer neighborhood- scale commercial services, employment opportunities, and community spaces. d. Foster urban density, including among residential uses. e. Support mixed-use development, especially when concentrated downtown or in neighborhood centers. f. Facilitate the creation of development sites. g. Promote projects that best maximize the assessed value of the property. 2. Transportation: Provide a balanced transportation system that is integrated locally and regionally and employs Complete Streets principles. a. Design a transportation network for all users that supports access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive. b. Provide a transportation system that improves mobility, especially by connecting residents to centers of commerce, employment, and recreation. c. Partner with businesses, private developers, institutions, and other governmental agencies to develop transportation facilities that provide better access within and beyond the City’s borders connecting to other regional metropolitan areas. 3. Public Infrastructure and Facilities: Provide efficient and progressive public infrastructure and facilities that accommodate future growth and meet the community’s changing needs. a. Construct and plan for the long-term maintenance of street, streetscape, parking, utility, and other basic infrastructure improvements that stimulate private development, especially in already established areas of the City. b. Support the development of conventional and emerging technology-based infrastructure, particularly in ways that maximize aesthetics and mitigate negative impacts. c. Provide well maintained parks, trails, and other recreational and cultural facilities that are easily accessible to the community. d. Provide municipal buildings and facilities necessary to serve the community. 4 4. Housing: Achieve a thriving housing market within the City that offers appealing neighborhoods with diverse housing choices. a. Encourage housing options for all household types, abilities, age groups, and income levels. b. Facilitate a full range of housing types, varying in size, arrangement, style, and amenity. c. Support the renovation of existing housing stock to meet the community’s housing needs. d. Promote the development of workforce housing. 5. Economic Development: Promote a healthy and diversified economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. a. Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. b. Market the City to businesses and developers through a deliberate strategy. c. Encourage economic opportunities in geographies across the City. d. Encourage the use of arts and culture as an economic generator. e. Protect and increase the personal and real property tax base of the area. f. Further evolution as a center of warehousing and distribution g. Seek connections to technology 6. Sustainability and Environmental Management: Promote sustainable environmental management that enhances the quality of air, water, and land resources, and preserves the St. Joseph River as an irreplaceable resource. a. Utilize principles of sustainable design, development, and practice. b. Facilitate the productive reuse of brownfield properties. c. Expand the role of the St. Joseph River and other waterways as centers for recreation and natural habitat. d. Encourage the preservation and expansion of the urban tree canopy. e. Support the development of projects that promote the health of city residents. 7. Placemaking and the Built Environment: Promote an attractive public realm that preserves and enhances the City’s history and built environment. a. Support walkable urban development. b. Encourage urban design that creates or enhances a sense of place, provides vibrancy, incorporates arts and culture, and fosters safety. c. Integrate parks and trails into the city using urban design principles. d. Prioritize projects that preserve and rehabilitate existing buildings over ones of new construction. e. Support development that is context sensitive and conserves the historical, architectural, and social fabric of the City. 5 8. Education & Training: Provide educational and training opportunities that support people of all ages to compete successfully in the economy. a. Ensure a strong match between job skills among the population and present and future needs of employers. b. Partner with organizations to enhance educational opportunities for youth from pre-K to Grade 12. c. Partner with organizations that offer internships, co-ops, apprenticeships, continuing education, and other job training programs. Tax Increment Financing (“TIF”) District The South Bend Redevelopment Commission may implement the use of TIF within a redevelopment area pursuant to state law (I.C. 36-7-14). TIF districts target blighted areas in order to transform them into viable areas making the community more appealing and attractive for economic development, which creates a better quality of life for the districts’ residents. TIF districts are powerful and effective tools that may provide financing for infrastructure improvements within redevelopment projects which may, in turn, entice market dollars back into abandoned and dilapidated areas. The lifespan of a TIF district varies based upon the time of its creation. TIF creates revenues for improvements without raising taxes, offers incentives for businesses and developers, and builds communities. TIF works by capturing additional property tax revenue due to the revitalization of a designated area. The assessment rate of the year in which the TIF is established is used as the base year, and tax revenues generated due to the increase in assessment over the base year assessment of properties within the TIF district are set aside for use in that TIF district. Thus, no new taxes or increases in tax rates occur, rather TIF funds are generated when property values improve due to the overall improvement of the TIF district. Statutory Findings The River West Development Area Plan meets the following required findings by the Redevelopment Commission pursuant to state law (36-7-14-15(a)): 1. The River West Development Area is an area in the territory under its jurisdiction and is an area needing redevelopment; 2. The conditions described in state law (I.C. 36-7-1-3) cannot be corrected in the River West Development Area by regulatory processes or the ordinary operations of private enterprise without resorting to state law (I.C. 36-7-14); 3. The public health and welfare will be benefitted by the amendment of the resolution or plan, or both, for the River West Development Area; and 4. The amendment is reasonable and appropriate when considered in relation to the original resolution or plan for the River West Development Area and the purposes of state law (I.C. 36-7-14); and 6 5. The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. Acquisition of Real Property in the River West Development Area In connection with the accomplishment of this River West Development Plan, the South Bend Redevelopment Commission shall include all parcels with the boundaries set forth above on the acquisition list attached as Appendix C and shall follow the procedures set forth in state law (I.C. 36-7-14-19 or I. C. 36-7-14-19.5). Procedure for Amendment of the River West Development Area Plan The River West Development Area Plan may be amended by resolution of the South Bend Redevelopment Commission in accordance with state law (I.C. 36-7-14-17.5). Any change affecting any property or contractual right may be made only in accordance with applicable state and local laws. 7 APPENDIX 8 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY Provides boundary, streets, public improvements per IC 36-7-14-15(b)(1) 9 Appendix B – LEGAL DESCRIPTION A PART OF SECTION 24 IN TOWNSHIP 38 NORTH, RANGE 1 EAST, AND SECTIONS 7,8,17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, AND 34 IN TOWNSHIP 38 NORTH, RANGE 2 EAST, AND SECTIONS 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23 AND 24 IN TOWNSHIP 37 NORTH, RANGE 2 EAST, AND SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, IN GERMAN AND PORTAGE TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY LINE OF LINCOLN WAY WEST AND THE EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 233 IN LINCOLN TERRACE ADDITION RECORDED IN PLAT BOOK 13, PAGES 82-83 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTHEASTERLY ALONG NORTH RIGHT-OF-WAY LINE OF LINCOLN WAY WEST, A DISTANCE OF 572.5 FEET TO THE SOUTHEAST CORNER OF LOT 215 IN SAID LINCOLN TERRACE ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 125.5 FEET (ASSUMED) TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF ARMORE TRAIL PROJECTED EASTERLY 31.5 FEET (ASSUMED) FROM THE NORTHEAST CORNER OF LOT 1 OF LINCOLN MANOR 2ND ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 143 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 69 DEGREES 30 MINUTES WEST PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL (PREVIOUSLY CRUMSTOWN AVENUE), A DISTANCE OF 381.5 (ASSUMED) TO THE NORTHWEST CORNER OF LOT 8 IN SAID LINCOLN MANOR 2ND ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, A DISTANCE OF 1958.36 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WESTMORE STREET, A DISTANCE OF 9 FEET TO THE NORTHEAST CORNER OF LOT 9 IN LINCOLN MANOR 3RD ADDITION AS RECORDED IN PLAT BOOK 12, PAGES 86-87 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 332.7 FEET TO THE SOUTHWEST CORNER OF LOT 17 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 42 FEET TO THE SOUTHWEST CORNER OF LOT 18 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 214 FEET TO THE SOUTHWEST CORNER OF LOT 31 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 84 FEET TO THE SOUTHWEST CORNER OF LOT 29 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 168 FEET TO THE SOUTHWEST CORNER OF LOT 44 IN SAID LINCOLN MANOR 3RD ADDITION; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 279.29 FEET TO THE EAST RIGHT-OF-WAY LINE OF GOODLAND AVENUE; THENCE SOUTH ALONG SAID EAST RIGHT- OF-WAY LINE OF GOODLAND AVENUE, A DISTANCE OF 19.05 FEET TO A POINT 362.95 FEET NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE; THENCE SOUTH 89 DEGREES 46 MINUTES 27 SECONDS EAST, A DISTANCE OF 239.50 FEET; THENCE SOUTH 0 DEGREES 29 MINUTES 11 SECONDS EAST, A DISTANCE OF 176.78 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 227.04 FEET TO THE WESTERLY RIGHT- OF-WAY LINE OF ECLIPSE STREET; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 957.29 FEET AND A CENTRAL ANGLE OF 3 DEGREES 26 MINUTES 41 SECONDS AND LIMITED IN LENGTH BY A CHORD WHICH BEARS SOUTH 17 DEGREES 02 MINUTES 58 SECONDS EAST, A DISTANCE OF 57.54 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE OF ECLIPSE STREET, A DISTANCE OF 127.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE; THENCE EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE EASTERLY RIGHT-OF-WAY LINE OF MEADE STREET; THENCE SOUTH 978 FEET TO THE SOUTHWEST CORNER OF LOT 68 AS SHOWN ON THE RECORDED PLAT OF WEST END SUBDIVISION, WITHIN AND PART OF THE CITY OF SOUTH BEND, RECORDED ON AUGUST 20, 1901 IN PLAT BOOK 8, PAGE 46; THENCE EAST ALONG THE NORTHERLY RIGHT-OF-WAY OF LAWTON STREET A DISTANCE OF 476 FEET TO THE SOUTHEAST CORNER OF LOT 40 IN SAID SUBDIVISION; THENCE SOUTH 194 FEET TO THE NORTHEAST CORNER OF LOT 30 IN SAID SUBDIVISION, SAID POINT ALSO BEING ON THE SOUTH RIGHT- OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO THE EAST RIGHT-OF-WAY LINE OF FREEMONT STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF ORANGE STREET; THENCE WEST ALONG SAID SOUTH RIGHT- OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MEADE STREET; THENCE SOUTH ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF SAID MEADE STREET, A DISTANCE OF 103.3 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF VACATED MERRY AVENUE; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE OF VACATED MERRY AVENUE RIGHT-OF-WAY, A DISTANCE OF 814 FEET (ASSUMED) TO THE 10 NORTHWEST CORNER OF WASHINGTON STREET AND OLIVE STREET; THENCE SOUTHEASTERLY, A DISTANCE OF 58 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 114 IN OAK GROVE 1ST ADDITION AS RECORDED IN PLAT BOOK 7, PAGE 4 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE EAST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET, A DISTANCE OF 313.9 FEET TO THE SOUTHWEST CORNER OF LOT 88 IN ARNOLD’S 2ND ADDITION AS RECORDED IN PLAT BOOK 6, PAGE 63 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST PARALLEL TO SAID NORTH LINE OF SAID NORTHEAST QUARTER ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 297 FEET TO THE SOUTHWEST CORNER OF LOT 53 IN SAID OAK GROVE 1ST ADDITION; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 568.30 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN COLLEGE GROVE AS RECORDED IN PLAT BOOK 2, PAGE 11 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH LINE AND SAID NORTH RIGHT-OF-WAY LINE AND THE NORTH RIGHT-OF-WAY LINE OF LISTON STREET, A DISTANCE OF 1151.85 FEET (ASSUMED) TO A POINT ON THE SOUTH LINE OF LOT 39, BEING 66 FEET NORTH OF A PROJECTED WEST LINE OF A PARCEL DESCRIBED IN A QUIT CLAIM DEED AS RECORDED UNDER INSTRUMENT NUMBER 9544366 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH ALONG SAID PROJECTED WEST LINE, A DISTANCE OF 66 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHEASTERLY AND NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO THE SOUTHWEST CORNER OF LOT 4 IN THE PLAT OF ALFRED BROTHER’S LAND (UNRECORDED) AS DESCRIBED IN PARCEL III IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER; THENCE EASTERLY ALONG THE NORTH LINE OF WASHINGTON STREET AND THE SOUTH LINE OF SAID PARCEL III AND PARCEL II IN SAID INSTRUMENT NUMBER 0261005 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 200 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 147 FEET TO THE PROJECTED NORTH-SOUTH CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, LYING BETWEEN LOTS 4 AND 5 IN HARLIN’S SUBDIVISION OF BANK OUTLOT 82 AS RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH PARALLEL WITH SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 ALONG SAID PROJECTED NORTH-SOUTH CENTERLINE, A DISTANCE OF 197.5 FEET TO A POINT LYING 7 FEET WEST OF THE SOUTHWEST CORNER OF SAID LOT 4; THENCE EAST PARALLEL WITH THE SOUTH RIGHT- OF-WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 7 FEET TO SAID SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH PARALLEL WITH SAID EAST LINE, A DISTANCE OF 262 FEET TO THE SOUTHWEST CORNER OF LOT 15 IS SAID HARLIN’S SUBDIVISION OF BANK OUTLOT 82; THENCE EAST PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WASHINGTON STREET, A DISTANCE OF 115 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 66 FEET ALONG THE EAST LINE OF PARCEL II DESCRIBED IN A QUIT CLAIM DEED RECORDED UNDER INSTRUMENT NUMBER 9208193 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO (2) COURSES ALONG AN EAST AND NORTH LINE OF SAID PARCEL II: (1) EAST PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WASHINGTON STREET ALONG THE SOUTH RIGHT-OF-WAY LINE OF JEFFERSON BOULEVARD, A DISTANCE OF 14.5 FEET; (2) THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 212 FEET; THENCE EAST ALONG THE SOUTH LINE OF A 14 FOOT ALLEY, NORTH SOUTH BY MEASURE, PARALLEL WITH SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 152 FEET TO THE NORTHEAST CORNER OF LOT 29 IN KIRBY’S SUBDIVISION OF PART OF BANK OUTLOT 83; THENCE SOUTH PARALLEL WITH THE EAST LINE SAID NORTHEAST QUARTER, A DISTANCE OF 484 FEET (ASSUMED) TO THE NORTHEAST RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE SOUTHEASTERLY ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF PENN CENTRAL RAILROAD (FORMERLY THE LAKE SHORE & MICHIGAN SOUTHERN RAILROAD AND THE NEW YORK CENTRAL RAILROAD COMPANY), ALSO BEING ALONG THE SOUTHWEST BOUNDARY OF SAID KIRBY’S SUBDIVISION OF PART OF BANK OUTLOT 83, KNOBLOCK SUBDIVISION OF PART OF BANK OUTLOT 84 AS RECORDED IN PLAT BOOK 2, PAGE 63, COMMISSIONER’S SUBDIVISION OF PART OF BANK OUTLOT 85 AND 86 AS RECORDED IN PLAT BOOK 3, PAGE 40, ALL RECORDED IN THE OFFICE OF SAID RECORDER, THENCE ALONG SAID NORTHEAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF WALNUT STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT WHICH IS 48 FOOT WEST OF THE SOUTHWEST CORNER OF LOT # 68 IN THE PLAT OF “COMMISSIONER’S SUBDIVISION OF THE SOUTH PART OF BANK OUTLOT NOS. 85 AND 86” AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE EAST TO THE SOUTHWEST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CHAPIN STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF NAPIER STREET; THENCE SOUTHEASTERLY TO THE SOUTHWEST CORNER OF LOT # 1 OF THE PLAT OF “CHAPIN 11 & NAPIER MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF NAPIER STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE FIRST 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY EAST OF CHAPIN STREET, EXTENDED NORTH; THENCE EAST ALONG SAID NORTH LINE TO THE WEST RIGHT-OF-WAY OF SCOTT STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WAYNE STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF- WAY LINE OF TAYLOR STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE CENTERLINE OF THE FIRST VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY SOUTH OF WESTERN AVENUE; THENCE EAST ALONG THE SAID CENTERLINE TO A POINT ON THE SAID CENTERLINE THAT IS 93.00 FEET WEST OF THE EAST RIGHT-OF-WAY LINE OF WILLIAMS STREET; THENCE SOUTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF WILLIAMS STREET, 114.00 FEET; THENCE EAST 93.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WILLIAMS STREET, SAID POINT BEING 8.00 FEET SOUTH OF THE SOUTHWEST CORNER OF LOT 14, BLOCK 8, OF SAID VAIL'S SOUTHWEST ADDITION AND THE BEGINNING OF THE VACATED WILLIAMS STREET TO THE SOUTH; THENCE NORTH 8.00 FEET ALONG THE EAST LINE OF WILLIAMS STREET TO THE SAID SOUTHWEST CORNER OF LOT 14, BLOCK 8; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 14, BLOCK 8, TO THE SOUTHWEST CORNER OF LOT 6, BLOCK 8; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF LOT 31 OF SAID VAIL'S SOUTHWEST ADDITION, SAID POINT BEING 25.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 31; THENCE SOUTH ALONG THE EAST LINE OF LOT 31 TO THE NORTH RIGHT-OF-WAY LINE OF VACATED MONROE STREET; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VACATED MONROE STREET TO ITS INTERSECTION WITH THE SOUTHERLY PROJECTION OF THE CENTERLINE OF THE FIRST 14 FOOT ALLEY LYING WEST OF LAFAYETTE BOULEVARD; THENCE NORTH ALONG SAID PROJECTION AND THE CENTERLINE OF SAID 14 FOOT ALLEY TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WILLIAMS STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WAYNE STREET; THENCE WEST ALONG SAID NORTH RIGHT- OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE FIRST 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY LOCATED WEST OF SAID WILLIAM STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG SAID SOUTH LINE TO A POINT LOCATED ON THE WEST RIGHT-OF-WAY LINE OF CHAPIN STREET AND 5 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE SOUTH, A DISTANCE OF 235 FEET; THENCE WEST, A DISTANCE OF 122.84 FEET; THENCE SOUTH, A DISTANCE OF 55 FEET; THENCE WEST TO THE FIRST NORTH-SOUTH ALLEY WEST OF CHAPIN STREET; THENCE SOUTH TO A POINT 38.71 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON BOULEVARD; THENCE EAST TO THE WEST RIGHT-OF-WAY LINE OF CHAPIN STREET; THENCE SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF THOMAS STREET; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF THOMAS STREET TO THE EAST RIGHT-OF-WAY LINE OF LAUREL STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF- WAY LINE TO A POINT 74.25 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF JEFFERSON BOULEVARD; THENCE EAST TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST NORTH-SOUTH ALLEY LYING EAST OF LAUREL STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY LINE OF THE FIRST EAST-WEST ALLEY LYING NORTH OF JEFFERSON BOULEVARD; THENCE WEST, A DISTANCE OF 4 FEET; THENCE NORTH, A DISTANCE OF 295 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE EAST ALONG SAID SOUTH RIGHT- OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF CHAPIN STREET; THENCE NORTH TO THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1023-0962 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE EXTENDED SOUTH; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL AND THE EAST LINE OF A PARCEL WITH TAX KEY NUMBER 18-1023-0968 AS SHOWN IN SAID AUDITOR’S OFFICE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF COLFAX AVENUE; THENCE CONTINUING NORTH AND CROSSING SAID COLFAX AVENUE (82.5 FT. WIDE) TO THE NORTH RIGHT-OF-WAY LINE OF SAID COLFAX AVENUE; THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1023-0974 AS SHOWN IN SAID AUDITOR’S OFFICE; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE FIRST 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY LOCATED WEST OF WILLIAM STREET EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENSION AND SAID WEST LINE, EXTENDED NORTH TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF LA SALLE AVENUE; THENCE EAST TO A POINT OF 12 INTERSECTION WITH THE SOUTHEAST CORNER OF LOT # 3 IN THE PLAT OF CHAPIN’S SUBDIVISION OF BANK OUTLOTS 1 AND 2 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE; THENCE NORTH ALONG THE EAST LINE OF SAID LOT TO THE NORTHEAST CORNER OF SAID LOT; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF SAID LOT # 3, AND A PORTION OF LOT # 2 IN SAID PLAT TO THE WEST LINE OF SAID PLAT; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18- 1019-0772 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND A PARCEL WITH TAX KEY NUMBER 18-1019-0773 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE TO THE NORTHWEST CORNER OF SAID PARCEL WITH TAX KEY NUMBER 18-1019-0773; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL TO A PONT OF INTERSECTION WITH THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE AND CROSSING CHAPIN STREET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID CHAPIN STREET; THENCE NORTHEASTERLY ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF OAK STREET; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 8 IN THE PLAT OF “HEINTZMAN’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE CROSSING SAID OAK STREET (40 FT. WIDE) AND CONTINIUING ALONG THE WEST LINE OF SAID PUBLIC ALLEY TO THE NORTHEAST CORNER OF LOT # 5 IN SAID PLAT, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 25 IN SAID PLAT, SAID CORNER ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE SOUTH LINE OF LOT # 1 IN THE PLAT OF “COLFAX CULTURAL MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COTTAGE GROVE AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 56 FEET EAST OF THE NORTHEAST CORNER OF LOT # 1 IN THE PLAT OF “FUEBRINGER’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 56 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID LOT # 1, SAID POINT ALSO BEING ON THE SOUTH RIGHT- OF-WAY LINE OF OAK STREET; THENCE WEST ALONG SAID SOUTH LINE TO A POINT WHICH IS PERPENDICULAR TO AND 60 FEET SOUTH OF THE SOUTHEAST CONER OF LOT # 12 IN THE PLAT OF “FUERBRINGER’S 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH 60 FEET MORE OR LESS TO SAID SOUTHEAST LOT CORNER, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF FUERBRINGER STREET; THENCE WEST ALONG SAID SOUTH LINE AND CROSSING SHERMAN STREET (40.26 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SHERMAN STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 22 IN THE PLAT OF “WITHERILL’S 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY WITH A VARYING WIDTH OF 9.9 FOOT TO 12 FOOT; THENCE NORTHWESTERLY ALONG THE SOUTH LINE OF SAID ALLEY TO THE NORTHWEST CORNER OF LOT # 27 IN THE PLAT OF “LEDERER’S SUBDIVISION OF OUTLOT “A”” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF BLAINE AVENUE; THENCE ALONG SAID EAST LINE IN A SOUTHWESTERLY AND SOUTHEASTERLY DIRECTION TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAID LA PORTE AVENUE; THENCE ALONG SAID NORTHERLY LINE IN A SOUTHEASTERLY DIRECTION TO A POINT WHICH IS PERPENDICULAR TO AND 40 FEET NORTHEAST OF THE NORTHEAST CORNER OF A PARCEL OFF GROUND WITH TAX KEY NUMBER 18-1043-1848 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTHWESTERLY 40 FEET MORE OR LESS TO SAID NORTHEAST PARCEL CORNER; THENCE CONIUING SOUTHWESTERLY ALONG THE SAID SOUTH LINE OF SAID PARCEL AND A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1043-1849 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE CITY CEMETERY HAVING A PARCEL TAX KEY NUMBER OF 18-1031-999999 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID CITY CEMETERY; THENCE SOUTHEAST TO THE NORTHWEST CORNER OF LOT # 49 IN THE PLAT OF “ROCKAFELLER’S 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF COLFAX AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY OF SAID COLFAX AVENUE TO A POINT OF INTERSECTION WITH THE EAST LINE OF LOT # 43 IN SAID PLAT; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID LOT # 43, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF A 9.9 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A 13 POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WALNUT STREET; THENCE IN A NORTHWESTERLY DIRECTION 52 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT # 78 IN THE PLAT OF “ARNOLD & PAGIN’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE WEST RIGHT-OF- WAY LINE OF WALNUT STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 68 OF THE PLAT OF “ARNOLD & PAGIN’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 50 FEET MORE OR LESS; THENCE SOUTH 40 FEET MORE OR LESS TO THE SOUTH LINE OF SAID LOT; THENCE WEST ALONG SAID SOUTH LINE TO THE EAST RIGHT-OF-WAY OF PAGIN STREET; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF SAID LOT # 68; THENCE WEST, 50 FEET MORE OR LESS CROSSING PAGIN STREET TO THE NORTHEAST CORNER OF LOT # 63 IN SAID PLAT; THENCE WEST ALONG THE NORTH LINE OF LOT # 63 IN SAID PLAT AND CROSSING A PUBLIC ALLEY TO THE SOUTHEAST CORNER OF LOT # 41 IN SAID PLAT; THENCE NORTH ALONG THE EAST LINE OF SAID LOT, 15 FEET MORE OR LESS; THENCE WEST, 37 FEET MORE OR LESS; THENCE NORTH 15 FEET MORE OR LESS; THENCE WEST 81 FEET MORE OR LESS TO THE EAST RIGHT- OF-WAY LINE OF STUDEBAKER STREET; THENCE SOUTH ALONG SAID EAST LINE, 30 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 41; THENCE WEST CROSSING STUDEBAKER STREET, 50 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT # 38 IN SAID PLAT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT # 38 AND ITS’ WESTERLY EXTENSION TO THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE, 40 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT # 14 IN SAID PLAT; THENCE WEST ALONG THE SOUTH LINE OF LOT # 14 IN SAID PLAT TO THE EAST RIGHT-OF-WAY LINE OF BIRSELL STREET; THENCE WEST CROSSING SAID STREET 66 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BIRDSELL STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LINDEN STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COLLEGE STREET; THENCE IN A NORTHWESTERLY DIRECTION 53 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT # 14 IN THE PLAT OF “LINDEN PLACE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID COLLEGE STREET; THENCE NORTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 55 IN SAID PLAT, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WILBUR STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF “SWGART’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHEAST CORNER OF SAID LOT, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF BIRDSELL STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 66 FEET MORE OR LESS WEST OF THE SOUTHWEST CORNER OF LOT # 27 IN SAID PLAT; THENCE EAST 66 FEET MORE OR LESS TO SAID LOT CORNER, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO THE SOUTHEAST CORNER OF LOT # 52 IN SAID PLAT, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF WALNUT STREET; THENCE NORTH ALONG SAID WEST LINE AND ITS’ NORTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF LA PORTE AVENUE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT # 34 OF THE PLAT OF “ORCHARD HEIGHTS ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF WALNUT AVENUE; THENCE NORTHEASTERLY OF SAID WALNUT AVENUE TO THE NORTHEAST CORNER OF LOT # 45 IN SAID PLAT OF “ORCHARD HEIGHTS ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE NORTHWESTERLY ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT # 27 IN THE PLAT OF “PLEASANT HOME ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SANCOME AVENUE; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF LA PORTE AVENUE; THENCE SOUTHEASTERLY CROSSING SAID LA PORTE AVENUE (40 FT. WIDE) TO THE NORTHWEST CORNER OF LOT # 159 IN THE PLAT OF “SWYGART’S 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF BIRDSELL STREET; THENCE SOUTHEAST ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF LOT # 158 IN SAID PLAT; THENCE SOUTHWESTERLY CROSSING SAID BIRDSELL STREET (66 FT. WIDE) TO THE NORTHWEST CORNER OF LOT # 160 IN SAID PLAT, SAID CORNER ALSO BEING ON THE EASTERLY LINE OF A 14 FOOT WIDE SOUTHWESTERLY-NORTHEASTERLY PUBLIC ALLEY; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE AND CROSSING WILBUR STREET (39 FT. WIDE) 14 TO THE WEST RIGHT-OF-WAY LINE OF SAID WILBUR STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 110 IN SAID PLAT OF “LINDEN PLACE ADDITION”, SAID POINT ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COLLEGE STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-2008-0074 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST CROSSING SAID COLLEGE STREET (82.5 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY OF SAID COLEGE STREET AND THE SOUTHERLY LINE OF OLD ABONDONED PENN CENTRAL RAILROAD RIGHT-OF-WAY SPUR; THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD SPUR TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF JACKSON STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 33 EAST OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-2007-006202 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST 33 FEET MORE OR LESS TO SAID SOUTHEAST CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF A 10 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO A POINT THAT IS PERPENDICULAR TO AND 10 FEET EAST OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-2007-0062 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR’S OFFICE; THENCE WEST 10 FEET MORE OR LESS TO SAID SOUTHEAST PARCEL CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ WESTERLY EXTENSION CROSSING BROOKFIELD STREET (66 FT. WIDE) TO A POINT OF INTERSECTON WITH THE WEST RIGHT-OF-WAY LINE OF SAID BROOKFIELD STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT # 5 OF THE PLAT OF “COLLEGE GROVE” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT AND CROSSING JOHNSON STREET (66 FT. WIDE) AND CONTINUING ALONG THE SOUTH LINE OF LOT # 6 IN SAID PLAT AND CROSSING GRANT STREET (33 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF SAID GRANT STREET; THENCE SOUTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 8 IN THE PLAT OF “OAK GROVE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE FIRST 12 FOOT WIDE NORTH- SOUTH PUBLIC ALLEY EAST OF SADIE STREET; THENCE NORTH ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-2023-0684 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL 52 FEET MORE OR LESS TO THE WEST LINE OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL 8 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-2023-0682 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL AND CROSSING SADIE STREET (45 FT. WIDE) TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LINDEN STREET; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF OLIVE STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 51 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF LOT # 18 OF THE PLAT OF “WEST END SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 51 FET MORE OR LESS TO SAID SOUTHEAST LOT CORNER, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF OLIVE STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 1 IN THE PLAT OF “KALEY’S 1ST SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST 50 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF OLIVE STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 22 IN THE PLAT OF “HOLLOWELL & SMITH’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF LOT # 5 IN SAID PLAT, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF A 12 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF SAID LOT # 5; THENCE EAST ALONG THE NORTH LINE OF SAID LOT TO THE NORTHEAST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF HUEY STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 3 IN SAID PLAT; THENCE EAST 50 FEET MORE OR LESS TO THE NORTHWEST LOT OF LOT # 18 IN THE PLAT OF “WHEELER’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE NORTH LINE OF SAID LOT AND ITS’ EASTERLY EXTENSION TO THE EAST RIGHT-OF-WAY LINE OF THE FIRST 12 FOOT WIDE NORTH-SOUTH PUBLIC 15 ALLEY EAST OF SAID HUEY STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF SAID PUBLIC ALLEY TO THE NORTHWEST CORNER OF LOT # 9 OF THE PLAT OF “WERWINSKI 2ND SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE NORTH LINE OF SAID LOT TO THE NORTHEAST CORNER OF SAID LOT, SAID LOT CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF OBRIEN STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 10 IN SAID PLAT; THENCE EAST CROSSING SAID OBRIEN STREET (66 FT. WIDE) TO THE SOUTHWEST CORNER OF LOT # 18 IN SAID PLAT, SAID LOT CORNER ALSO BEING ON THE NORTH LINE OF A 10 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT # 25 IN SAID PLAT, SAID LOT CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 60 FEET MORE OR LESS WEST OF THE SOUTHWEST CORNER OF LOT # 35 IN THE PLAT OF “LINDEN PLACE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST 60 FEET MORE OR LESS TO SAID SOUTHWEST CORNER, SAID LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE CROSSING BROOKFIELD STREET (66 FT. WIDE) TO THE SOUTHEAST CORNER OF LOT # 48 IN SAID PLAT, SAID LOT CORNER ALSO BEING ON THE WEST LINE OF AN OLD ABONDONED PENN CENTRAL RIGHT-OF-WAY SPUR; THENCE NORTHERLY ALONG SAID WEST LINE 1,457 FEET (ASSUMED) TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID WERWINSKI STREET; THENCE WEST ALONG SAID SOUTH LINE AND CROSSING BROOKFIELD STREET (66 FT. WIDE) TO THE WEST RIGHT-OF-WAY OF SAID BROOKFIELD STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHWEAST CORNER OF LOT # 36 IN SAID PLAT OF “KAUFFMAN’S PLACE ADDITION”, SAID CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF RUPEL STREET; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 1 IN SAID PLAT, SAID CORNER ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH CROSSING SAID RUPEL STREET (60 FT. WIDE) AND CONTINIUNG ALONG THE WEST LINE OF SAID PUBLIC ALLEY TO A POINT OF INTERSECTION WITH THE CENTERLINE OF A VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID CENTERLINE AND CROSSING JOHNSON STREET (60 FT. WIDE) TO THE WEST RIGHT-OF-WAY LINE OF SAID JOHNSON STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 13 IN THE PLAT OF “MELROSE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF PRAST BOULEVARD; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 26 IN SAID PLAT, SAID CORNER ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH CROSSING SAID PRAST BOULEVARD (50 FT. WIDE) AND CONTINUING ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 5 IN THE PLAT OF “MAYER’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 13 IN SAID PLAT, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE PLAT OF “PRAST’S AUGUST SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE AND CROSSING PRAST BOULEVARD (50 FT. WIDE) TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID PRAST BOULEVARD; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE FIRST 12 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY EAST OF HUEY STREET EXTENDED SOUTH; THENCE NORTH ALONG SAID SOUTH EXTENSION AND CONTINUING ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 4 IN SAID PLAT, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE AND CROSSING HUEY STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF SAID HUEY STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 4 IN THE PLAT OF “PRAST’S, JOHN SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT “A” IN THE PLAT OF “MILLER’S REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE AND CROSSING ELMER STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID ELMER STREET; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 14 IN THE PLAT OF “MILLER’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 16 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 4 IN SAID PLAT, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF OLIVE STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BONDS AVENUE EXTENDED EAST; THENCE WEST CROSSING SAID OLIVE STREET (50 FT. WIDE) AND CONTINUING ALONG THE SOUTH RIGHT-OF-WAY LINE OF BONDS AVENUE TO THE NORTHEAST CORNER OF LOT # 87 IN THE PLAT OF “LINCOLN MANOR ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH CROSSING BONDS AVENUE (60 FT. WIDE) AND CONTINUING ALONG THE WEST LINE OF SAID PUBLIC ALLEY TO THE NORTHEAST CORNER OF LOT # 28 IN THE PLAT OF “KALEY’S LINCOLN HIGHWAY ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE NORTHWESTERLY ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT # 13 IN SAID PLAT, SAID CORNER ALSO BEING ON THE EASTERLY LINE OF A 14 FOOT WIDE NORTHEASTERLY-SOUTHWESTERLY PUBLIC ALLEY; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LINE AND CROSSING BONDS AVENUE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID BONDS AVENUE; THENCE NORTHWEST AND WEST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 303 IN THE PLAT OF “LINCOLN MANOR ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTHEAST TO THE SOUTHEAST CORNER OF LOT # 304 IN SAID PLAT, SAID CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF ECLIPSE PLACE; THENCE NORTHEAST ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LOT # 308 IN SAID PLAT, SAID CORNER ON THE SOUTH LINE OF A 14 FOOT WIDE NORTHWEST-SOUTHEAST PUBLIC ALLEY; THENCE NORTHWEST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT # 339 IN SAID PLAT; THENCE WEST CROSSING GOODLAND AVENUE (60 FT. WIDE) TO THE NORTHEAST CORNER OF LOT “E” IN THE PLAT OF DRULINER’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE SOUTHWESTERLY-NORTHEASTERLY PUBLIC ALLEY; THENCE SOUTHWEST ALONG SAID SOUTH LINE TO THE WEST LINE OF THE PLAT OF “LINCOLN MANOR 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 1 IN SAID PLAT; THENCE NORTH CROSSING ARDMORE TRAIL (60 FT. WIDE ) AND LINCOLNWAY WEST (100 FT. WIDE) TO THE SOUTHEAST CORNER OF LOT # 215 IN THE PLAT OF “LINCOLN TERRACE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF SAID LINCONWAY WEST; THENCE NORTHWESTERLY ALONG SAID NORTH LINE TO THE POINT OF THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY LINE OF LINCOLN WAY WEST AND THE EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 233 IN LINCOLN TERRACE ADDITION RECORDED IN PLAT BOOK 13, PAGES 82-83 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 278.16 FEET (ASSUMED)TO THE NORTH LINE OF SAID PLAT; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF TERRACE AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 220 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY ALLEY; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE CROSSING GOODLAND AVENUE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID GOODLAND AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF HUMBOLDT STREET; THENCE EAST ALONG SAID NORTH LINE CROSSING ECLIPSE PLACE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID ECLIPSE PLACE; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 17 IN THE PLAT OF “LINCOLN TERRACE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY ALLEY; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE CROSSING FREEMONT STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID FREEMONT STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE PLAT OF “OLIVER HEIGHTS FIRST REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID PLAT FOR THE NEXT THREE COURSES (BEARINGS ASSUMED), EAST 119.65 FEET AND SOUTH 2 FEET AND EAST 129.63 FEET TO THE WEST RIGHT-OF-WAY LINE OF OLIVE STREET; THENCE EAST CROSSING SAID OLIVE STREET (50 FT. WIDE) TO THE EAST RIGHT-OF-WAY LINE OF SAID OLIVE STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 25 IN THE PLAT OF “MAYR’S MICHIGAN AVENUE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE 17 EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 23 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING ELMER STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID ELMER STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 38 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 39 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING HUEY STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID HUEY STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 57 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 58 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING O’BRIEN STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID O’BRIEN STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 83 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING JOHNSON STREET (50 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID JOHNSON STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE; THENCE EAST ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF LOT # 48 IN THE PLAT OF “ROCKHILL’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH CROSSING SAID CALIFORNIA AVENUE (60 FT. WIDE) TO THE NORTHWEST CORNER OF LOT # 65 IN PLAT OF “AUGUSTINE’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 67 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING BROOKFIELD STREET (66 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID BROOKFIELD STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE CENTERLINE OF A VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF LOT # 53 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING COLLEGE STREET (60 FT. WIDE) TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID COLLEGE STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 41 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 34 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING ADAMS STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID ADAMS STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 16 IN SAID PLAT, THENCE EAST ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHEAST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO A POINT WHICH IS WEST 14 FEET FROM THE SOUTHWEST CORNER OF LOT # 8 IN SAID PLAT; THENCE EAST 14 FEET TO SAID SOUTHWEST LOT CORNER; THENCE CONTINIUING EAST ALONG THE SOUTH LINE OF SAID LOT # 8 TO THE SOUTHEAST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF WILBUR STREET; THENCE EAST INTO SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF AN OLD ABONDONED PENN CENTRAL RAILROAD RIGHT-OF-WAY SPUR; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 1,220 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF VASSAR STREET; THENCE WEST ALONG SAID NORTH LINE, 630 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF WILBUR STREET; THENCE NORTH ALONG SAID EAST LINE, 1,680 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF ELWOOD AVENUE; THENCE EAST ALONG SAID NORTH LINE 1,130.27 FEET TO THE WEST LINE OF LOT “C” OF 18 THE PLAT OF “VICTORY ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT “B” IN SAID PLAT; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH ALONG THE WEST LINE OF SAID LOT AND LOT # 20 IN SAID PLAT AND ITS’ NORTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE NORTH RIGHT- OF-WAY LINE OF KING STREET; THENCE WEST ALONG SAID NORTH LINE TO THE CENTERLINE OF THE FIRST NORTH- SOUTH VACATED ALLEY WEST OF LOT “A” OF SAID PLAT; THENCE NORTH ALONG SAID CENTERLINE AND ITS’ NORTHERLY EXTENSION TO THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-EAST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH LINE, 228 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF- WAY LINE OF ANDERSON AVENUE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BULLA STREET; THENCE NORTHWESTERLY 50 FEET MORE OR LESS TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LNE OF SAID BULLA STREET WITH THE EAST RIGHT-OF-WAY LINE OF SAID ANDERSON AVENUE; THENCE NORTHWESTERLY ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF KINYON STREET; THENCE EAST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF PORTAGE AVENUE; THENCE SOUTHEASTERLY ALONG SAID WEST LINE 41.03 FEET MORE OR LESS; THENCE SOUTHEASTERLY 60 FEET MORE OR LESS TO THE NORTHWEST CORNER OF LOT # 119 IN THE PLAT OF “NORTHWEST ADDITION 2ND PLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE NORTH LINE OF SAID LOT, 169.6 FEET MORE OR LESS TO THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE AND ITS’ SOUTHERLY EXTENTION TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF QUEEN STREET; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-2165-6026 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTH ALONG SAID WEST LINE, 48 FEET MORE OR LESS TO THE NORTH LINE OF LOT # 115 IN SAID PLAT; THENCE EAST ALONG SAID NORTH LINE, 56.9 FEET MORE OR LESS TO THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE, 94 FEET MORE OR LESS TO THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE AND ITS’ SOUTHERLY EXTENSION TO THE NORTH RIGHT-OF-WAY LINE OF MC CARTNEY STREET; THENCE EAST ALONG SAID SOUTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE, 142 FEET MORE OR LESS TO THE NORTH LINE OF LOT # 22 IN SAID PLAT; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE AND ITS’ SOUTHERLY EXTENSION, 188 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF KING STREET; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 4 IN SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT # 4, TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF ELWOOD AVENUE; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF KESSLER BOULEVARD; THENCE SOUTHEASTERLY 61 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID KESSLER BOULEVARD WITH THE NORTH RIGHT-OF-WAY LINE OF SAID ELWOOD AVENUE; THENCE SOUTH 12 FEET MORE OR LESS TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1094-3946 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTHEASTERLY ALONG SAID WEST TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF AN OLD ABONDONED PENN CENTRAL RAILROAD RIGHT-OF-WAY SPUR; THENCE IN A NORTHEASTERLY AND EASTERLY DIRECTION ALONG SAID NORTH LINE, 1,296 FEET MORE OR LESS (ASSUMED) TO A POINT OF INTERSECTION WITH THE EAST BANK OF THE ST. JOSEPH RIVER; THENCE SOUTH ALONG SAID EAST BANK 100 FEET MORE OR LESS (ASSUMED) TO THE SOUTH RIGHT- OF-WAY LINE OF SAID RAILROAD, THENCE ALONG SAID SOUTH LINE IN A NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY DIRECTION, 4,310 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID WILBUR STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 12 IN THE PLAT OF “TAYLOR’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF LOT # 3 IN SAID PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT # 3 AND LOTS # 2 AND # 1 IN SAID PLAT TO THE SOUTHWEST CORNER OF SAID LOT # 1; THENCE SOUTHEASTERLY ALONG THE SOUTH LINE OF SAID LOT # 1 TO A POINT OF INTERSECTION WITH THE EAST LINE OF LOT # 17 IN SAID PLAT; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF SAID LOT # 17; THENCE CONTINUING SOUTH 14 FEET (ASSUMED) TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH A TAX KEY NUMBER OF 19 18-1083-3483 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTHEAST ALONG THE NORTH LINE OF SAID LOT AND CROSSING SANCOME STREET (56 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID SANCOME STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF LOT “B” IN THE PLAT OF “SAUCELO REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE NORTH LINE OF SAID LOT TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 38 IN THE PLAT OF “CUSHING’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING LAWNDALE STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF SAID LAWNDALE STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 33 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 30 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING DIAMOND STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID DIAMOND STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 25 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 22 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING CLEVELAND STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID CLEVELAND STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 17 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST TO THE SOUTHWEST CORNER OF LOT # 13 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND CROSSING BLAINE STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID BLAINE STREET; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF LINDSEY STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ALLEN STREET; THENCE CONTINIUNG ALONG SAID NORTH LINE TO THE SOUTHEAST CORNER OF LOT #1 IN THE PLAT OF “CUSHING’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF CALIFORNIA STREET; THENCE EAST ALONG SAID NORTH LINE AND CROSSING PORTAGE AVENUE TO A POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF SAID PORTAGE AVENUE WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF DEMAUDE AVENUE; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE OF DEMAUDE AVENUE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 115 IN THE PLAT OF “SHETTERLEY PLACE 3RD PLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID LOT CORNER ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF REX STREET; THENCE SOUTHWESTERLY CROSSING SAID REX STREET (60 FT. WIDE) TO THE NORTHWEST CORNER OF LOT # 34 IN THE PLAT OF “SHETTERLEY PLACE 2ND PLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE SOUTH RIGHT- OF-WAY LINE OF REX STREET; THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT # 34, SAID LOT CORNER ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT-OF- WAY LINE TO THE NORTHEASTERLY CORNER OF LOT # 37 IN SAID PLAT; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT # 34 TO THE NORTHWESTERLY CORNER OF LOT # 7 IN THE PLAT OF “SMITH’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID LOT # 7 TO THE NORTHEASTERLY CORNER OF SAID LOT # 7; THENCE SOUTHWESTERLY ALONG SAID EASTERLY LOT LINE TO THE SOUTHEASTERLY CORNER OF SAID LOT # 7, SAID LOT CORNER ALSO BEING ON THE NORTHERLY 20 RIGHT-OF-WAY LINE OF PORTAGE AVENUE; THENCE WEST CROSSING SAID PORTAGE AVENUE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY CORNER OF LOT # 3 OF THE PLAT OF “STUDEBAKER BROTHERS SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT # 3 TO THE SOUTHEASTERLY CORNER OF SAID LOT, SAID LOT CORNER ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CUSHING STREET; THENCE NORTH ALONG SAID EAST LINE OF CUSHING STREET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PORTAGE AVENUE; THENCE NORTHWESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF PORTAGE AVENUE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE; THENCE WEST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF LOT # 154 IN THE PLAT OF “CUSHING AND LINSEY’S SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; SAID LOT CORNER ALSO BEING ON THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF VAN BUREN STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF- WAY LINE OF COTTAGE GROVE AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO A POINT WHICH IS PERPENDICULAR TO AND 60 FEET EAST THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1070-2992 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST 60 FEET TO SAID SOUTHEAST CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1068-2916 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE SOUTHEAST ALONG THE NORTH LINE OF SAID PARCEL AND CROSSING COTTAGE GROVE AVENUE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID COTTAGE GROVE AVENUE; THENCE SOUTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE CENTERLINE OF A VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE TO THE NORTH LINE OF LOT “A” IN THE PLAT OF “CUSHING & LINDSEY’S SUBDIVISION 1ST REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE AND CROSSING CUSHING STREET (60 FT. WIDE) TO THE EAST RIGHT-OF-WAY LINE OF SAID CUSHING STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT # 16 IN THE PLAT OF “KENT’S SUBDIVISION OF BANK OUTLOT 114 AND PART OF OUTLOT 113” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE TO THE SOUTHEAST CORNER OF SAID LOT # 16, SAID POINT ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH- SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF LINDSEY STREET; THENCE EAST ALONG SAID NORTH LINE AND CROSSING LELAND AVENUE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SAID LELAND AVENUE; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF LELAND AVENUE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MARION STREET; THENCE SOUTHEASTERLY CROSSING SAID MARION STREET (82.5 FT. WIDE) TO A POINT OF INTERSECTION WITH THE NORTH LINE OF MADISON STREET AND THE SOUTH LINE OF SAID MARION STREET; THENCE SOUTHWESTERLY CROSSING SAID MADISON STREET (66 FT. WIDE) TO THE NORTHWEST CORNER OF LOT # 29 IN SAID PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT, SAID CORNER ALSO BEING ON THE NORTHERLY LINE OF A 14 FOOT WIDE NORTHWEST-SOUTHEAST PUBLIC ALLEY; THENCE SOUTHEAST ALONG SAID NORTHERLY LINE TO THE SOUTHEAST CORNER OF LOT # 7 IN SAID PLAT; THENCE NORTHEASTERLY ALONG THE EAST LINE OF SAID LOT AND ITS NORTHEASTERLY EXTENSION CROSSING MADISON STREET (82.5 FT. WIDE) TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAID MADISON STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF LAFAYETTE BOULEVARD; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGH-OF-WAY LINE OF LAMONTE TERRACE; THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE EAST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1015-0588 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE NORTHWESTERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID PARCEL ALSO BEING A POINT ON THE SOUTH LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1005-0198 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE IN A NORTHWESTERLY AND NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID PARCEL TO A POINT OF INTERSECTION 21 WITH THE CENTERLINE OF THE ST. JOSEPH RIVER; THENCE IN AN EASTERLY AND SOUTHERLY DIRECTION ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MARION STREET EXTENDED EAST; THENCE WEST ALONG SAID EASTERLY EXTENDED RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-1006-0234 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE, SAID SOUTHEAST PARCEL CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHERLY AND WEST RIGHT-OF-WAY LINE OF SAID RIVERSIDE DRIVE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BARTLETT STREET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF BARTLETT STREET TO THE EAST RIGHT-OF-WAY LINE OF ST. JOSEPH STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF ST. JOSEPH STREET TO THE NORTH RIGHT-OF-WAY LINE OF MARION STREET; THENCE EAST ALONG THE SAID NORTH RIGHT-OF-WAY LINE AND ITS PROJECTION TO THE EAST TO THE CENTERLINE OF THE ST. JOSEPH RIVER; THENCE MEANDERING ALONG SAID CENTERLINE IN A SOUTHWESTERLY AND SOUTHEASTERLY DIRECTION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MONROE STREET EXTENDED NORTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID EXTENSION AND ALONG THE SOUTH LINE OF SAID MONROE STREET TO THE NORTHWEST CORNER OF LOT # 63 IN THE PLAT OF “EDGEWATER PLACE ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE EASTERLY LINE OF A 14 FOOT WIDE NORTHWESTERLY-SOUTHEASTERLY PUBLIC ALLEY; THENCE ALONG SAID EASTERLY LINE IN A SOUTHEASTERLY DIRECTION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF ACH AVENUE; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE TO THE NORTHWESTERLY CORNER OF LOT # 3 IN SAID PLAT; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID LOT # 3, AND LOT # 2 AND LOT # 1 IN SAID PLAT TO THE SOUTHEASTERLY CORNER OF SAID LOT # 1; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE SOUTHEASTERLY LOT LINE OF LOTS # 4 AND # 5 IN SAID PLAT TO THE SOUTHEASTERLY CORNER OF SAID LOT # 5, SAID POINT ALSO BEING ON THE SOUTHWESTERLY LINE OF THE PLAT OF “HARPER COURT ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID LINE TO THE SOUTHWESTERLY CORNER OF LOT # 11 IN SAID PLAT; THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT # 11 AND ITS NORTHEASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE CENTERLINE OF THE ST. JOSEPH RIVER; THENCE MEANDERING SOUTHEASTERLY ALONG SAID CENTELINE 2,060 FEET MORE OR LESS (ASSUMED) TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF LOT “I” OF THE PLAT OF “LEER’S SURVEY” AS SHOWN IN THE RECORDS OF SAID COUNTY, EXTENDED NORTHEASTERLY, THENCE SOUTHWESTERLY ALONG SAID EXTENDED LINE AND THE EAST LINES OF SAID LOT “I” AND LOTS # 18, 31 AND 32 IN SAID PLAT AND CONTINUING SOUTHWESTERLY, ALONG THE EASTERLY LINE OF SAID LOT # 32 EXTENDED, TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY CORNER OF LOT # 1 OF THE PLAT OF THE “REPLAT OF LEER’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF OAK PARK COURT; THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF- WAY LINE OF MIAMI STREET; THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7083-303301 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE WEST CROSSING MIAMI STREET (60 FT. WIDE), 60 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7052-1980 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL FOR THE NEXT THREE (3) COURSES, WEST 69 FEET MORE OR LESS AND SOUTH 11.55 FEET MORE OR LESS AND WEST 63 FEET MORE OR LESS TO THE WEST LINE OF SAID PARCEL AND THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG THE EAST LINE OF SAID PUBLIC ALLEY, EXTENDED SOUTH TO THE NORTHWEST CORNER OF LOT 57 IN “OAK PARK 2ND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY, POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF DUBAIL AVENUE; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF DUBAIL STREET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CALVERT STREET; THENCE IN A NORTHWESTERLY DIRECTION, 102 FEET MORE OR LESS TO THE NORTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8010-0455 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE, SAID NORTHEAST PARCEL CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL, SAID PARCEL CORNER ALSO BEING ON THE EAST RIGHT-OF- WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF SAID PARCEL, SAID PARCEL CORNER BEING 14 FEET MORE OR LESS EAST OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8010-0453 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE 22 WEST 14 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MAIN STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 99 FEET MORE OR LESS EAST OF THE NORTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8010-0451 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE, SAID NORTHEAST PARCEL CORNER ALSO BEING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF MAIN STREET AND THE SOUTH RIGHT-OF-WAY LINE OF CALVERT STREET; THENCE WEST CROSSING SAID MAIN STREET (99 FT. WIDE), 99 FEET MORE OR LESS TO SAID NORTHEAST PARCEL CORNER; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8012-056701 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; THENCE SOUTHEASTERLY ALONG THE WEST LINE OF SAID PARCEL AND THE WEST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18- 8012-056702 AS SHOWN IN THE RECORDS OF SAID AUDITOR’S OFFICE; TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF WAY LINE OF EWING STREET; THENCE SOUTH CROSSING SAID EWING STREET (80 FT. WIDE), 80 FEET MORE OR LESS TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID EWING STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE; TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF WILLIAMS STREET EXTENDED SOUTH; THENCE NORTH ALONG SAID SOUTHERLY EXTENDED LINE AND THE WEST RIGHT-OF-WAY LINE OF SAID WILLIAM STREET TO THE NORTHEAST CORNER OF LOT 254 IN “SHIVELY’S ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING A PONT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD STREET (50 FEET WIDE); THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF DONALD STREET TO THE NORTHEAST CORNER OF LOT 45 IN SAID “SHIVELY’S ADDITION”; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF KENDALL STREET (50 FEET WIDE) TO THE NORTHEAST CORNER OF LOT 53 IN SAID “SHIVELY’S ADDITION” AND THE SOUTH RIGHT-OF-WAY LINE SHERRILL STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SHERRILL STREET, CROSSING CHAPIN STREET (50 FEET WIDE), TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID CHAPIN STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF LOT 89 IN “CITY VIEW PLACE” PLAT AS RECORDED IN THE RECORDS OF SAID COUNTY, ALSO BEING A POINT ON THE SOUTH LINE OF A PUBLIC ALLEY (12 FEET WIDE); THENCE WEST ALONG THE SOUTH LINE OF SAID PUBLIC ALLEY, CROSSING KEMBLE STREET (60 FEET WIDE), TO A PONT ON THE WEST RIGHT-OF-WAY LINE OF SAID KEMBLE STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BRUCE STREET (60 FEET WIDE); THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BRUCE STREET TO THE EAST RIGHT-OF-WAY LINE OF WEBSTER STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF CALVERT STREET (60 FEET WIDE) EXTENDED EAST; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 66 IN “PRAIRIE AVENUE LAND CO’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF A PUBLIC ALLEY (14 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF PUBLIC ALLEY CROSSING, DONALD STREET (50 FEET WIDE), TO THE NORTHWEST CORNER OF LOT 52 IN SAID “PRAIRIE AVENUE LAND CO”S 1ST ADDITION; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID DONALD STREET TO THE EAST RIGHT-OF-WAY LINE OF MORRIS STREET (50 FEET WIDE); THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF MORRIS STREET, CROSSING EWING AVENUE, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID EWING AVENUE; THENCE WEST ALONG SAID SOUTH RIGHT-OF- WAY LINE OF EWING AVENUE TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF PRAIRIE AVENUE (SR # 23); THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF PRAIRIE AVENUE TO ITS’ INTERSECTION WITH THE EAST LINE OF LOCUST ROAD; THENCE NORTH CROSSING SAID PRAIRIE AVENUE TO THE NORTH RIGHT-OF-WAY LINE OF SAID PRAIRIE AVENUE ALSO BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF OLIVE STREET; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF PRAIRIE AVENUE (S.R. 23) TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE NORTH ALONG SAID EAST LINE TO A POINT 200 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 22; THENCE WEST PARALLEL WITH, AND 200 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 22, TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, SAID LINE ALSO BEING THE EAST LINE OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 2 EAST, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 21, TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF PRAIRIE AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE PLAT OF “GREAT LAKES MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID ST. JOSEPH COUNTY, INDIANA; THENCE NORTH ALONG THE EAST LINE OF SAID PLAT TO THE NORTHEAST CORNER OF SAID PLAT; THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION ALONG THE NORTHERLY LINE OF SAID PLAT TO A POINT OF INTERSECTION OF SAID PLAT WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE U.S. # 31 BY-PASS (A.K.A. ST. 23 JOSEPH VALLEY PARKWAY); THENCE NORTHWESTERLY ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID U.S. # 31 BY- PASS (A.K.A. ST. JOSEPH VALLEY PARKWAY), TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EXISTING SOUTH BEND CORPORATION LINE, SAID LINE ALSO BEING THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, IN TOWNSHIP 37 NORTH, RANGE 2 EAST; THENCE NORTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16 TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE WEST ALONG THE EAST-WEST QUARTER LINE OF SAID SECTION 16 TO THE WEST QUARTER CORNER OF SAID SECTION 16; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTHWEST CORNER OF “BELLEVILLE GARDENS 2ND UNIT”, AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST, ALONG THE SOUTH LINE OF “BELLEVILLE GARDENS 2ND UNIT”, TO THE SOUTHEAST CORNER OF SAID “BELLEVILLE GARDENS 2ND UNIT”; THENCE NORTH ALONG THE EAST LINE OF SAID PLAT AND THE NORTH EXTENTION OF SAID LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAMPLE STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF ALBERT STREET; THENCE NORTH ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF LOT # 491 IN THE PLAT OF “BELLEVILLE 3RD UNIT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST CROSSING ALBERT STREET (60 FT. R/W) TO THE SOUTHWEST CORNER OF LOT # 484 IN SAID PLAT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE ALONG THE NORTH LINE OF SAID ALLEY TO THE NORTHWEST CORNER OF LOT # 210 IN THE PLAT OF “BELLE VILLAGE SECTION “F”” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LOT FOR THE NEXT TWO (2) COURSES, EAST 7.53 FEET MORE OR LESS AND NORTH 5 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT # 56 IN SAID PLAT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION CROSSING ILLINOIS STREET (60 FT. R/W) TO THE SOUTHWEST CORNER OF LOT # 66 IN THE PLAT OF “BELLE VILLAGE SECTION “C”” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG THE NORTH LINE OF SAID PUBLIC ALLEY TO THE SOUTHEAST CORNER OF LOT # 582 IN THE PLAT OF “SUMMIT PLACE 3RD ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 48 FEET MORE OR LESS; THENCE EAST 80 FEET TO THE WEST LINE OF LOT # 579 IN SAID PLAT; THENCE NORTH ALONG SAID WEST LINE AND ITS NORTHERN EXTENSION TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF FISHER STREET; THENCE EAST ALONG SAID NORTH LINE TO THE CENTERLINE OF OLIVE STREET; THENCE SOUTH ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAMPLE STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF SAMPLE STREET TO THE SOUTHEAST CORNER OF LOT 48 IN THE PLAT OF “ARNOLD AND WEBSTER’S SUBDIVISION OF BANK OUTLOT #103” AS RECORDED IN THE RECORDS OF SAID COUNTY ALSO BEING THE WEST RIGHT-OF-WAY LINE ARNOLD STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF ARNOLD STREET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF THE FIRST 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY LOCATED EAST OF WALNUT STREET; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF SAID NORTH-SOUTH PUBLIC ALLEY TO POINT WHICH IS PERPENDICULAR TO AND 14 FOOT MORE OR LESS EAST OF THE NORTHEAST CORNER OF LOT # 30 IN THE PLAT OF “STOKES SUBDIVISION OF BANK OUTLOT 96” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST TO SAID LOT CORNER, SAID CORNER ALSO BEING ON THE SOUTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG THE SOUTH LINE OF SAID ALLEY A DISTANCE OF 545.50 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF A 7 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY, SAID POINT ALSO BEING 7 FEET WEST (ASSUMED) OF THE NORTHWEST CORNER OF LOT # 11 IN THE PLAT OF “HARRIS SUBDIVISION OF THE NORTH PART OF BANK OF OUTLOT 97” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE WEST LINE OF SAID ALLEY A DISTANCE OF 500 FEET (ASSUMED) TO A POINT WHICH IS 7 FEET WEST OF THE SOUTHWEST CORNER OF LOT # 22 IN THE PLAT OF “HARRIS 2ND SUBDIVISION OF PART OF OUTLOT 97” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG THE SOUTH LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-3081-3196 AND ITS WESTERLY EXTENSION A DISTANCE OF 275 FEET (ASSUMED) TO A POINT ON THE EAST LINE OF THE PLAT OF “STUDEBAKER’S SUBDIVISION OF LOT # 1 HARPER & RUCKMAN’S SURVEY” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST A DISTANCE OF 7 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT # 17 IN SAID PLAT, SAID POINT ALSO BEING ON THE NORTH LINE OF HURON STREET; THENCE NORTH ALONG THE EAST LINE OF LOTS # 17 THROUGH # 7 IN SAID PLAT A DISTANCE OF 453.50 FEET (ASSUMED) TO THE NORTHEAST CORNER OF SAID LOT # 7, SAID POINT ALSO BEING ON THE SOUTH 24 LINE OF A 14 FT. WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 5353.83 FEET (ASSUMED) TO THE NORTHWEST CORNER OF LOT # 310 IN THE PLAT OF “BLOCKS “A” & “B” BELLEVILLE 2ND UNIT” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST RIGHT- OF-WAY LINE OF KENTUCKY STREET; THENCE SOUTH A DISTANCE OF 1175 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF FORD STREET THENCE WEST ALONG THE SOUTH LINE TO THE NORTHEAST CORNER OF LOT # 96 IN THE PLAT “BELLEVILLE 1ST UNIT” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF LAKE STREET; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 1118 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 32 IN SAID PLAT, SAID POINT ALSO BEING ON THE SOUTH LINE OF A 14 FT. WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 3073.18 FEET (ASSUMED); THENCE SOUTHEASTERLY 5 FEET (ASSUMED) TO THE NORTHWESTERLY CORNER OF LOT # 764 IN THE PLAT OF “BELLEVILLE 3RD UNIT” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST LINE OF A NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY; THENCE ALONG THE EASTERLY LINE OF SAID ALLEY FOR THE NEXT TWO (2) COURSES, SOUTHWESTERLY A DISTANCE OF 5 FEET (ASSUMED) AND SOUTH A DISTANCE OF 507 FEET (ASSUMED) TO THE NORTHWEST CORNER OF LOT # 753 IN SAID PLAT, SAID POINT ALSO BEING ON THE SOUTH LINE OF HURON STREET (A.K.A. SOUTHVIEW STREET); THENCE WEST ALONG SAID SOUTH LINE A DISTANCE OF 701 FEET (ASSUMED) TO THE NORTHWEST CORNER OF LOT “C” IN THE PLAT OF “BELLEVILLE UNIT “B” SECTION 7 PART 2” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST LINE OF LOMBARDY DRIVE; THENCE SOUTHEASTERLY ALONG SAID EAST LINE A DISTANCE OF 50 FEET (ASSUMED); THENCE WEST A DISTANCE OF 81 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT “A” OF THE PLAT OF “SOUTH BEND PUBLIC LIBRARY MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF 182.93 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 171.76 FEET TO THE SOUTHWEST CORNER OF SAID LOT AND A POINT ON THE NORTHERLY LINE OF FORD STREET; THENCE WESTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 339.48 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-4129-5043.47; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 88 FEET (ASSUMED) TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE WEST ALONG NORTH LINE OF SAID PARCEL AND A PARCEL WITH TAX KEY NUMBER 18-4129-5043.33 AND A PARCEL WITH TAX KEY NUMBER 18-4129-5043.44 AND ITS WESTERLY EXTENSION A DISTANCE OF 1042.81 FEET (ASSUMED) TO A POINT ON THE WESTERLY LINE OF SUMMIT DRIVE; THENCE NORTHERLY ALONG SAID WESTERLY LINE A DISTANCE OF 411.24 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 807 OF THE PLAT OF “BELLEVILLE UNIT “F”” SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 1500.13 FEET (ASSUMED) TO THE NORTHWEST CORNER OF SAID PLAT AND THE CENTERLINE OF MAYFLOWER ROAD; THENCE NORTH ALONG SAID CENTERLINE A DISTANCE OF 841.54 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE PLAT OF “MAYFLOWER 1ST UNIT” SUBDIVISION AS RECORDED IN THE RECORDS OF THE RECORDER’S OFFICE OF ST. JOSEPH COUNTY, INDIANA, EXTENDED WEST; THENCE EAST AND NORTHEASTERLY ALONG SAID WESTERLY EXTENDED LINE AND THE SOUTH LINE OF SAID PLAT A DISTANCE OF 1471.35 FEET TO THE WEST LINE OF SUMMIT DRIVE; THENCE CONTINUING IN A NORTHEASTERLY DIRECTION A DISTANCE OF 88 FEET (ASSUMED) TO THE EAST LINE OF SAID SUMMIT DRIVE; THENCE NORTH AND NORTHWESTERLY ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF LOMBARDY DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT # 335 IN THE PLAT OF “GARDEN VILLAGE 3RD UNIT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY CROSSING WASHINGTON STREET (60 R/W) TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 18-41-25-4885 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE CONTINUING ALONG SAID EAST LINE OF LOMBARDY DRIVE TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-4124-4818; THENCE ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 583.93 FEET TO THE SOUTHWESTERLY LINE OF THE PLAT OF “GARDEN VILLAGE 2ND UNIT” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID PLAT LINE A DISTANCE OF 293.90 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE NORTH LINE OF LOT “E” IN SAID PLAT OF “ GARDEN VILLAGE 2ND UNIT”; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 105 FEET (ASSUMED) TO THE SOUTHEASTERLY CORNER OF LOT “F” IN SAID PLAT; THENCE NORTHEASTERLY ALONG THE EAST LINE OF SADI LOT 56.53 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF VILLAGEWAY; THENCE EASTERLY A DISTANCE OF 60 FEET MORE OR LESS TO THE NORTHWEST CORNER OF LOT # 287 IN SAID PLAT, SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF VILLAGEWAY; THENCE ALONG SAID EASTERLY LINE TO THE SOUTHWEST 25 CORNER OF SAID LOT # 287; THENCE ALONG THE SOUTH LINES OF LOTS # 287 TO # 273 IN SAID PLAT FOR A DISTANCE OF 751.14 FEET MORE OR LESS TO THE WEST LINE OF SHERIDAN AVENUE; THENCE EAST A DISTANCE OF 80 FEET (ASSUMED) TO THE EAST LINE OF SAID SHERIDAN AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 209.24 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT # 203 IN SAID PLAT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION A DISTANCE OF 134 FEET (ASSUMED) TO THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 156.76 FEET (ASSUMED) TO THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENSION A DISTANCE OF 189 FEET (ASSUMED) TO THE EAST LINE OF CHICAGO STREET; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 80 FEET (ASSUMED) TO THE NORTH LINE OF A 14 FOOT WIDE PUBLIC ALLEY; THENCE EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENSION A DISTANCE OF 143 FEET (ASSUMED) TO THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 7 FEET (ASSUMED) TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-4069-2564; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 129 FEET (ASSUMED) TO THE WEST LINE OF ILLINOIS STREET; THENCE NORTH ALONG SAID WEST LINE 7 FEET (ASSUMED); THENCE EAST A DISTANCE OF 60 FEET TO THE EAST LINE OF SAID ILLINOIS STREET AND A POINT ON THE NORTH LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG THE NORTH LINE OF SAID EAST-WEST PUBLIC ALLEY TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LAKE STREET; THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS’ WESTERLY EXTENSION, CROSSING FALCON STREET (60 FT. WIDE), TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF FALCON STREET; THENCE NORTH CROSSING SAID WASHINGTON STREET (60 FT. WIDE) AND CONTINUING NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF FALCON STREET, TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LINDEN AVENUE, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT Q BLOCK 1081 IN THE REPLAT OF LASALLE PARK 2ND PLAT AS RECORDED IN PLAT BOOK 17, PAGE L-1 IN THE RECORDS OF SAID COUNTY; THENCE WEST PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9, ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF LINDEN ROAD, A DISTANCE OF 1125 FEET TO THE NORTHWEST CORNER OF LOT E BLOCK 1021 IN SAID REPLAT OF LASALLE PARK 2ND PLAT; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 339 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE CENTERLINE OF A 14 FOOT WIDE ALLEY, PERPENDICULAR BY MEASURE, BEING 7 FEET WEST OF THE NORTHWEST CORNER OF LOT 1001 IN LASALLE PARK 2ND ADDITION RECORDED IN PLAT BOOK 8, PAGE 30-31 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING WEST PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 9 ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1097 FEET TO THE CENTERLINE OF GLADSTONE AVENUE BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT 185 IN GARDEN VILLAGE 1ST UNIT RECORDED IN PLAT BOOK 17, PAGE G-4, IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING WEST PARALLEL WITH SAID NORTH LINE ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 225 FEET (ASSUMED) TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER, ALSO BEING ALONG THE NORTH LINE OF LOT 370 IN GARDEN VILLAGE 3RD UNIT AS RECORDED IN PLAT BOOK 17, PAGE G-1 IN THE OFFICE OF SAID RECORDER; THENCE NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER AND THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 70 FEET TO THE SOUTHEAST CORNER OF LOT 60 IN GRANDVIEW ADDITION AS RECORDED IN PLAT BOOK 9, PAGE 98 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1315.25 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 210 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT 32 IN SAID GRANDVIEW ADDITION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, A DISTANCE OF 1070 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 40 FEET TO A POINT BEING 30 FEET WEST OF THE SOUTHWEST CORNER OF LOT 42 IN WEST HAVEN ADDITION AS RECORDED IN PLAT BOOK 18, PAGE W-1 IN THE OFFICE OF SAID RECORDER; THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 660.7 FEET TO THE SOUTHWEST CORNER OF LOT 98 IN BRENTWOOD ESTATES 1ST ADDITION SECTION B AS RECORDED IN PLAT BOOK 19, SECTION B- 5 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 260 FEET TO THE SOUTHWEST CORNER OF LOT 1 IN BRENTWOOD ESTATES 1ST ADDITION SECTION A AS RECORDED IN PLAT BOOK 19, PAGE B-7 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING EAST ALONG 26 SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 366.12 FEET TO THE SOUTHEAST CORNER OF LOT 5 IN SAID BRENTWOOD ESTATES 1ST ADDITION SECTION A; THENCE NORTHEASTERLY, A DISTANCE OF 74 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 39 IN BRENTWOOD ESTATES 1ST ADDITION SECTION A; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF ARDMORE TRAIL, A DISTANCE OF 142.41 FEET TO THE SOUTHWEST CORNER OF LOT 48 IN SAID BRENTWOOD ESTATES 1ST ADDITION SECTION B; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 832.93 FEET TO THE SOUTHEAST CORNER OF LOT 72 IN SAID BRENTWOOD ESTATES 1ST ADDITION SECTION B; THENCE SOUTH 00 DEGREES 11 MINUTES 44 SECONDS WEST ALONG A WEST LINE OF A PARCEL DESCRIBED IN A CORPORATE WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 8014012 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 21.68 FEET (ASSUMED) TO SAID NORTH RIGHT- OF-WAY LINE OF ARDMORE TRAIL; THENCE NORTH 66 DEGREES 33 MINUTES 51 SECONDS EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 835.40 FEET; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 26 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 1 IN ALWARD’S ADDITION AS RECORDED IN PLAT BOOK 11, PAGE 73 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 509.02 FEET TO THE CENTERLINE OF A 14 FOOT WIDE ALLEY, EAST WEST BY MEASURE, BEING 8 FEET (ASSUMED) FROM THE SOUTHEAST CORNER OF LOT 51 IN SAID ALWARD’S ADDITION, AS MEASURED PARALLEL WITH THE CENTERLINE OF SAID ARDMORE TRAIL; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 8 FEET (ASSUMED) TO THE SOUTHWEST CORNER OF LOT 46 IN VOGT’S 1ST ADDITION AS RECORDED IN PLAT BOOK 10, PAGE 95 IN THE OFFICE OF SAID RECORDER; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT # 13 IN THE PLAT OF “VOGT’S 1ST ADDITION” SUBDIVISION AS RECORDS IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE, SAID POINT ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 460 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 24 IN SAID PLAT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION A DISTANCE OF 180 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF KENTUCKY STREET; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 75 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 31 IN SAID PLAT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION 140 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT # 66 IN THE PLAT OF “ALWARD’S ADDITION” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 40 FEET (ASSUMED) TO THE NORTHEAST CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION A DISTANCE OF 180 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF IOWA STREET; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 50 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 194 IN THE PLAT OF “BRENTWOOD ESTATES 4TH ADDITION” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION A DISTANCE OF 134 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 55 FEET (ASSUMED) TO THE CENTERLINE OF THE FIRST 14 FOOT WIDE EAST-WEST VACATED PUBLIC ALLEY SOUTH OF LINCOLNWAY WEST; THENCE WEST 170 FEET (ASSUMED) ALONG SAID CENTERLINE AND ITS WESTERLY EXTENTION TO A POINT ON THE WEST LINE OF RYER STREET; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 35 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT # 182 IN THE PLAT OF “BRENTWOOD ESTATES 3RD ADDITION” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 324.28 FEET (ASSUMED) TO A POINT ON THE NORTH LINE OF LOT # 177 IN SAID PLAT; THENCE CONTINUING ALONG THE NORTH LINE OF LOTS # 177 THROUGH # 172 IN SAID PLAT A DISTANCE OF 437.05 FEET (ASSUMED) TO A POINT ON THE EAST LINE OF LOT # 171 IN SAID PLAT; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF THE PLAT OF “BRENTWOOD ESTATES 6TH ADDITION” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY A DISTANCE OF 274.83 FEET TO THE SOUTHEAST CORNER OF LOT # 207 IN SAID PLAT; THENCE ALONG THE SOUTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION A DISTANCE OF 155.50 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF BRENTWOOD COURT; THENCE NORTH ALONG SAID WEST LINE A DISTANCE OF 70 FEET (ASSUMED) TO THE SOUTHEAST CORNER OF LOT # 215 IN SAID PLAT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 116.01 FEET TO THE WEST LINE OF SAID LOT AND PLAT; THENCE SOUTH ALONG THE WEST LINE OF SAID PLAT A DISTANCE OF 294.60 FEET (ASSUMED) TO THE NORTH LINE OF THE PLAT SAID OF “BRENTWOOD ESTATES 3RD ADDITION” SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID PLAT A DISTANCE OF 310.70 FEET (ASSUMED) TO A POINT ON THE EAST LINE OF LOT # 165 IN SAID PLAT; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 140.3 FEET (ASSUMED) TO THE NORTHEAST CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH 27 LINE OF SAID LOT AND LOT # 164 IN SAID PLAT A DISTANCE OF 133.80 FEET (ASSUMED) TO THE NORTHEAST CORNER OF LOT # 141 IN THE PLAT OF BRENTWOOD ESTATES 2ND ADDITION” SUBDIVISION AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS WESTERLY EXTENSION A DISTANCE OF 179.58 FEET (ASSUMED) TO A POINT ON THE WEST LINE OF SHERIDAN AVENUE; THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 245.01 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF EDISON ROAD; THENCE WESTERLY ALONG SAID SOUTHERLY LINE A DISTANCE OF 1312.59 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE CENTERLINE OF WOODLAND AVENUE AND THE PRESENT CITY OF SOUTH BEND CORPORATION LIMITS; THENCE NORTH ALONG SAID CENTERLINE AND CORPORATION LINE A DISTANCE OF 40 FEET (ASSUMED) TO THE CENTERLINE OF EDISON ROAD; THENCE WEST ALONG SAID CENTERLINE AND CORPORATION LINE A DISTANCE OF 198.45 FEET (ASSUMED); THENCE CONTINUING ALONG SAID CORPORATION LINE FOR THE NEXT THREE (3) COURSES, NORTH A DISTANCE OF 428.31 FEET (ASSUMED) AND EAST A DISTANCE OF 200 FEET (ASSUMED) AND NORTH A DISTANCE OF 318 FEET (ASSUMED) TO A POINT ON THE NORTHERLY LINE OF LINCOLNWAY WEST; THENCE NORTHWESTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST TO THE WEST LINE OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 25-1022-0664 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL AND THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 25-1022-066401 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE CONTINIUNG EAST ALONG SAID NORTH LINE 76 FEET MORE OR LESS; THENCE NORTH 288 FEET MORE OR LESS; THENCE NORTHEASTERLY 756 FEET MORE OR LESS; THENCE SOUTHEASTERLY 306 FEET MORE OR LESS; THENCE EAST 180 FEET MORE OR LESS; THENCE SOUTH 36 FEET MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 25-1023-068201 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF PARCELS WITH TAX KEY NUMBERS 25-1008-033505 AND 18-2183-688606 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, THENCE NORTH 54 FEET MORE OR LESS TO THE NORTH RIGHT-OF- WAY LINE OF PROGRESS DRIVE; THENCE EAST ALONG SAID NORTH LINE 1,260 FEET MORE OR LESS TO THE WEST LINE OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 25-1006-0297 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH ALONG THE WEST LINE AND EAST ALONG NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH A TAX KEY NUMBER 25-1006-0298 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF PARCELS WITH TAX KEY NUMBER 25-1006-0296, 25-1006-030003 AND 25-1006-0300 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, 1,926 FEET MORE OR LESS TO THE WEST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1006-0301 IN THE RCORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO THE WEST RIGHT-OF-WAY LINE OF BENDIX DRIVE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF LATHROP DRIVE; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1010-0399 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE AND THE WEST LINE OF SAID PARCEL AND A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1010-039902 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE WEST ALONG THE SOUTH LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1010-0373 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, FOR THE NEXT THREE (3) COURSES, WEST 1,152 FEET MORE OR LESS AND NORTH 40 FEET MORE OR LESS AND WEST 504 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID PARCEL AND THE EAST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1019-0640 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH, 2,592 FEET MORE OR LESS ALONG THE EAST LINE OF SAID PARCEL AND PARCELS OF GROUND WITH TAX KEY NUMBER 25-1019-063801 AND 25-1019-0638 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST, 2,611.17 FEET MORE OR LESS, ALONG THE NORTH LINE OF PARCELS OF GROUND WITH TAX KEY NUMBER 25-1019-0638 AND 25-1019-0636 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL OF GROUND WITH TAX KEY NUMER 25-1019-0636, 2,635 FEET MORE OR LESS, TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1018-062406 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ WESTERLY EXTENSION, 4,592.98 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF THE U.S. # 31 BY-PASS (A.K.A. 28 ST. JOSEPH VALLEY PARKWAY); THENCE SOUTHERLY ALONG SAID WEST LINE, 2,795.02 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE SOUTH LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1020-034710 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE WITH THE SOUTH LINE OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE SOUTHWESTERLY, 1,320 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE U.S. # 31 BY-PASS (A.K.A. ST. JOSEPH VALLEY PARKWAY); THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE, 1,460 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1021-036004 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL, 390 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THE PLAT OF “R. M. LYNCH MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE; THENCE NORTH ALONG THE EAST LINE OF SAID PLAT, 944.49 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID PLAT; THENCE WEST ALONG THE NORTH LINE OF SAID PLAT AND ITS’ WESTERLY EXTENSION, 2,535.42 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF PINE ROAD; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE, 616.06 FEET MORE OR LESS; THENCE EAST, 618.56 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 04-1021-035112 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH, 1,100 FEET MORE OR LESS, ALONG THE EAST LINE OF SAID PARCEL AND A PORTION OF THE WEST LINE OF THE PLAT OF “KELLER AND HALL MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE TO THE SOUTHWEST CORNER OF LOT # 2 IN SAID PLAT; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT #2, 249.65 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT # 2; THENCE NORTH ALONG THE EAST LINE OF SAID LOT # 2 AND ITS’ NORTHERLY EXTENSION, 860 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. # 20; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 1,314 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 04- 1020-034702 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE, EASTERLY AND NORTHERLY ALONG THE LIMITED ACCESS RIGHT-OF-WAY LINE OF SAID NORTHWEST RAMP OF THE U.S. # 31 BYPASS (A.K.A. ST. JOSEPH VALLEY PARKWAY) TO A POINT, 79.36 FEET SOUTH OF THE NORTH QUARTER POST OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTH ALONG THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 31, 79.36 FEET TO THE NORTH QUARTER POST OF SAID SECTION 31; THENCE NORTH ALONG THE NORTH - SOUTH QUARTER LINE OF SECTION 30 TO A POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1020-033401 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF- WAY LINE CLEVELAND ROAD; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID CLEVELAND ROAD TO THE NORTHWEST CORNER OF SAID PARCEL OF GROUND WITH TAX KEY NUMBER 25-1020-033405 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE NORTH TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID CLEVELAND ROAD; THENCE WEST ALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE CENTERLINE OF OLIVE ROAD; THENCE SOUTH ALONG SAID CENTERLINE TO A POINT WHICH IS PERPENDICULAR TO AND 20 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 25-1020-033501 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST 20 FEET MORE OR LESS TO SAID SOUTHEAST PARCEL CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CLEVELAND ROAD (A.K.A. OLD CLEVELAND ROAD); THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF SAID SECTION 30, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTH ALONG THE WEST LINES OF SECTIONS 30 AND 19 IN SAID TOWNSHIP 38 NORTH, RANGE 2 EAST, TO A POINT ON THE WEST LINE OF LOT 1 IN THE PLAT OF GIBBS’ OLIVE ROAD MINOR SUBDIVISION AS THE SAME IS RECORDED AS INSTRUMENT NUMBER 0028450 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, SAID POINT BEING 114.58 FEET SOUTH 00 DEGREES 11 MINUTES 35 SECONDS WEST (REC. SOUTH 00 DEGREES 11 MINUTES 18 SECONDS WEST) FROM THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 19 MINUTES 02 SECONDS WEST, 2674.83 FEET, MORE OR LESS, TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION 24; THENCE NORTH 00 DEGREES 08 MINUTES 51 SECONDS EAST, ALONG SAID NORTH- SOUTH CENTERLINE, A DISTANCE OF 1603.00 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE NORTH 89 DEGREES 20 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 3795.28 FEET, MORE OR LESS TO THE POINT OF INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE WITH THE EAST RIGHT-OF-WAY LINE OF OLIVE 29 ROAD; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF OLIVE ROAD AND THE EAST RIGHT-OF-WAY LINE OLIVE ROAD EXTENDED TO ITS’ INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE EAST AND EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT # 8600255 IN THE RECORDS OF SAID COUNTY; THENCE NORTH 97.06 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH 85 DEGREES 31 MINUTES 45 SECONDS EAST, A DISTANCE OF 12.96 FEET TO THE SOUTHWEST CORNER OF THE TERMINUS OF LAKE BLACKTHORN DRIVE AS RECORDED UNDER INSTRUMENT #0323151 IN THE RECORDS OF SAID COUNTY SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 85 DEGREES 31 MINUTES 45 SECONDS EAST, A DISTANCE OF 199.30 FEET TO THE WESTERLY RIGHT OF WAY OF THE U.S. 31 BYPASS ( ALSO KNOWN AS ST. JOSEPH VALLEY PARKWAY); THENCE ALONG THE WESTERLY LINE OF SAID U.S. 31 BYPASS ( ALSO KNOWN AS ST. JOSEPH VALLEY PARKWAY) FOR THE NEXT EIGHT (8) COURSES, (1) NORTH 02 DEGREES 36 MINUTES 09 SECONDS EAST, A DISTANCE OF 256.87 FEET; (2) NORTH 35 DEGREES 15 MINUTES 20 SECONDS EAST, A DISTANCE OF 401.95 FEET; (3) SOUTH 0 DEGREES 45 MINUTES 39 SECONDS WEST, A DISTANCE OF 114.32 FEET; (4) NORTH 38 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 481.60 FEET; (5) NORTH 18 DEGREES 02 MINUTES 40 SECONDS EAST, A DISTANCE OF 211.20 FEET; (6) AROUND A 5,950 FOOT RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 934.56 FEET TO THE END OF A CHORD BEARING NORTH 12 DEGREES 00 MINUTES 23 SECONDS EAST, AND HAVING A DISTANCE OF 933.60 FEET; (7) NORTH 23 DEGREES 35 MINUTES 58 SECONDS EAST, A DISTANCE OF 409.65 FEET; (8) NORTH 17 DEGREES 36 MINUTES 51 SECONDS EAST, A DISTANCE OF 85.66 FEET TO A POINT WHICH IS SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET FROM THE NORTHEAST CORNER OF SAID SOUTH HALF OF SECTION 18; THENCE CONTINIUNG FOR THE NEXT TWO (2) COURSES ALONG THE WESTERLY LIMITED ACCESS RIGHT-OF-WAY OF THE ST. JOSEPH VALLEY PARKWAY AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY ESTATES, SECTION FIVE, AS RECORDED UNDER INSTRUMENT NUMBER 8020539 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA: (1) NORTH 24 DEGREES 26 MINUTES 22 SECONDS EAST, A DISTANCE OF 28.99 FEET, (2) NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST, A DISTANCE OF 707.18 FEET TO A POINT ON THE EAST LINE OF LOT 43 IN SAID ROLLING OAKS COUNTRY ESTATES, SECTION FIVE AND PROJECTED EAST LINE OF ROLLING OAKS COUNTRY ESTATE MINOR AS RECORDED UNDER INSTRUMENT NUMBER 9505754 IN THE OFFICE OF SAID RECORDER; THENCE CONTINUING NORTHEASTERLY ALONG THE WESTERLY LIMITED ACCESS RIGHT-OF-WAY OF THE ST. JOSEPH VALLEY PARKWAY TO THE NORTH LINE OF THE WEST HALF OF FRACTIONAL SECTION 8 AND THE MONUMENTED INDIANA STATE LINE; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 2300.11 FEET TO THE NORTH QUARTER CORNER OF SAID FRACTIONAL SECTION 8; THENCE NORTH 89 DEGREES 29 MINUTES 13 SECONDS EAST ALONG THE NORTH LINE OF THE EAST HALF OF FRACTIONAL SECTION 8, A DISTANCE OF 120.33 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 21.63 FEET TO THE NORTH LINE OF BORDERLINE SUBDIVISION MINOR PLAT AS RECORDED IN PLAT BOOK 26, PAGE B IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT THREE (3) COURSES ALONG THE PLATTED RIGHT-OF-WAY OF MAYFLOWER ROAD AS RECORDED WITHIN SAID BORDERLINE SUBDIVISION AND ARBOR POINTE, SECTION 6, AS RECORDED UNDER INSTRUMENT NUMBER 9635583 IN THE OFFICE OF SAID RECORDER: (1) SOUTH 76 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 37.35 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 114.00 FEET, A CENTRAL ANGLE OF 52 DEGREES 06 MINUTES 15 SECONDS, AND A CHORD OF 100.13 FEET BEARING SOUTH 25 DEGREES 46 MINUTES 20 SECONDS WEST, (2) SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY CURVE, A DISTANCE OF 103.67 FEET, (3) SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 535.95 FEET TO THE SOUTH LINE OF SAID ARBOR POINTE, SECTION SIX; THENCE SOUTH 88 DEGREES 09 MINUTES 47 SECONDS WEST, A DISTANCE OF 20.01 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID FRACTIONAL SECTION 8, A DISTANCE OF 980.41 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 12 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT TWO IN LICHTENBARGER MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 8731222 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, A DISTANCE OF 389.87 FEET TO THE NORTH LINE OF CHEROKEE GARDENS SUBDIVISION EXTENDED AND THE NORTH LINE OF WAGNER’S REPLAT EXTENDED AS RECORDED IN PLAT BOOK C, PAGE 2 AND PLAT BOOK 24, PAGE W, RESPECTIVELY, IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 55 MINUTES 05 SECONDS WEST ALONG THE RESPECTIVE NORTH LINES OF SAID CHEROKEE GARDENS SUBDIVISION AND WAGNER’S REPLAT, A DISTANCE OF 1846.60 FEET TO THE NORTHWEST CORNER OF SAID CHEROKEE GARDENS; THENCE SOUTH 00 DEGREES 30 21 MINUTES 50 SECONDS EAST, A DISTANCE OF 1280.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ADAMS ROAD; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1844.57 FEET TO THE SOUTHWEST CORNER OF LOT 12 IN SAID CHEROKEE GARDENS; THENCE SOUTH 00 DEGREES 16 MINUTES 22 SECONDS EAST, PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 8, A DISTANCE OF 40.01 FEET TO THE NORTH LINE OF THE NORTH HALF OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1330.14 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN CHURCH’S MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0038244 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 50 MINUTES 53 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 531.84 FEET TO A POINT ON THE NORTH LINE OF J. LIGHTNER MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9620477 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 52 MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID J. LIGHTNER MINOR SUBDIVISION; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 IN J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH 89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SAID SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE CONTINUING NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1298.64 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4 A DISTANCE OF 2465.70 FEET TO A POINT WHICH IS NORTH 00 DEGREES 03 MINUTES 49 SECONDS EAST A DISTANCE OF 200.00 FEET FROM THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 39 MINUTES 06 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 400.00 FEET; THENCE SOUTH 00 DEGREES 03 MINUTES 49 SECONDS WEST, PARALLEL WITH THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHWEST 1/4, A DISTANCE OF 240.00 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE DUE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD TO A POINT BEING DUE WEST AND 200 FEET FROM THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE SOUTH 220 FEET; THENCE DUE EAST 200.00 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 20; THENCE DUE NORTH A DISTANCE OF 220 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD; THENCE EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF MAYFLOWER ROAD; THENCE DUE NORTH 20 FEET, MORE OR LESS, TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 30 FEET, MORE OR LESS, ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE CENTERLINE OF MAYFLOWER ROAD; THENCE EAST ALONG SAID CENTERLINE OF BRICK ROAD TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF THE PLAT OF HIGH MEADOWS ESTATES SUBDIVISION AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE; THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 35 OF THE HIGH MEADOWS ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HIGH MEADOWS ESTATES SUBDIVISION AND THE HARTMAN & DEMAEGT SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 8 OF THE HARTMAN & DEMAEGT SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF THE HARTMAN & DEMAEGT SUBDIVISION, EXTENDED EAST, TO A POINT THAT IS 138.48 FEET WEST OF THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21; THENCE NORTH 465 FEET, MORE OR LESS; THENCE EAST 138.48 FEET; THENCE NORTH 530 FEET TO THE CENTERLINE OF BRICK ROAD; THENCE EAST 661.02 FEET ALONG SAID CENTERLINE; THENCE SOUTH 661.02 FEET MORE OR LESS TO THE NORTH LINE OF THE PLAT OF WEST CLEVELAND ROAD INDUSTRIAL PARK SECTION TWO AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENTION TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF OUTLOT 7C OF THE PLAT OF THE TOLL ROAD INDUSTRIAL PARK, SECTION 7 AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH 88 DEGREES 53 MINUTES 36 SECONDS EAST, 1327.59 FEET TO THE NORTHEAST CORNER OF LOT 11 OF THE TOLL ROAD INDUSTRIAL PARK, SECTION 6; THENCE SOUTH 00 DEGREES 56 MINUTES 57 31 SECONDS EAST, 366.66 FEET TO THE NORTH LINE OF LOT 14, SECTION 6, OF THE TOLL ROAD INDUSTRIAL PARK; THENCE EASTERLY A DISTANCE OF 1322.97 FEET ALONG THE NORTH LINE OF LOT 14 AND LOT 15 OF SAID SECTION 6 TO THE EAST LINE OF SAID LOT 15, ALSO BEING THE EAST LINE OF SECTION 21; THENCE ALONG THE SAID EAST LINE SOUTH 00 DEGREES 45 MINUTES 45 SECONDS EAST A DISTANCE OF 1590.77 FEET TO THE EAST QUARTER POST OF SAID SECTION; THENCE SOUTH 01 DEGREES 00 MINUTES 44 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 585.04 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 31 SECONDS EAST A DISTANCE OF 1219.94 FEET TO THE CENTERLINE OF PORTAGE ROAD; THENCE SOUTH 21 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 292.53 FEET; THENCE NORTH 01 DEGREES 02 MINUTES 54 SECONDS WEST ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22, TO THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE EAST ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE EAST ALONG SAID CENTERLINE TO THE CENTER OF SAID SECTION 22; THENCE SOUTH ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 TO A POINT 214.50 FEET NORTH OF THE SOUTH 1/4 CORNER OF SAID SECTION 22; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID SECTION 22, A DISTANCE OF 99.00 FEET; THENCE SOUTH, PARALLEL WITH SAID NORTH-SOUTH CENTERLINE OF SECTION 22, A DISTANCE OF 214.50 FEET TO THE SOUTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID SOUTH LINE OF SECTION 22, A DISTANCE OF 99.00 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 22 (ALSO BEING THE NORTH 1/4 CORNER OF SECTION 27); THENCE SOUTH ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 27 TO THE SOUTH RIGHT-OF-WAY LINE OF THE EAST - WEST INDIANA TOLL ROAD; THENCE WEST AND NORTHWEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST - WEST INDIANA TOLL ROAD TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MAPLE ROAD; THENCE SOUTHWEST AND SOUTHERLY ALONG THE EAST LINE OF SAID MAPLE ROAD AND BENDIX DRIVE TO THE POINT OF BEGINNING. CONTAINING 7,876.01 ACRES MORE OR LESS. SUBJECT TO RIGHTS-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. 32 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST Property Address Parcel ID Owner of Record 1402 W. PRAIRIE AVE 018-0841-0024 NEW JERSEY IND AND III RR% TAXATION DEPT 1504 S. KEMBLE AVE 018-0841-0025 RAILROAD PROPERTY 1310 W. PRAIRIE AVE 018-0841-0026 NEW JERSEY IND AND III RR 416 N MAIN ST 018-1003-0089 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1003-0092 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1003-0093 MEMORIAL HOSPITAL OF SOUTH BEND INC ATTN CHIEF FINANCIAL OFFICER Unimproved Parcel 018-1003-0094 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1003-0095 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1003-0100 MEMORIAL HEALTH SYSTEMS INC Unimproved Parcel 018-1003-0101 MEMORIAL HEALTH SYSTEMS INC Unimproved Parcel 018-1003-0102 MEMORIAL HEALTH SYSTEMS INC Unimproved Parcel 018-1003-0103 MEMORIAL HEALTH SYSTEMS INC Unimproved Parcel 018-1003-0104 QDI REALTY LLC Unimproved Parcel 018-1003-0107 MEMORIAL HEALTH SYSTEM INC % THEODORE FOTI Unimproved Parcel 018-1003-0111 MEMORIAL HEALTH SYSTEM INC % THEODORE FOTI Unimproved Parcel 018-1003-0112 300 NORTH MICHIGAN ASSOCIATES LLC 121 W LASALLE AVE 018-1003-0120 QDI REALTY LLC 307 N DR MARTIN LUTHER KING JR BLVD 018-1003-0125 MEMORIAL HEALTH SYSTEM INC Unimproved Parcel 018-1004-0139 MEMORIAL HOSPITAL OF SOUTH BEND INC 112 E MARION ST 018-1004-0140 MEMORIAL HOSPITAL OF SOUTH BEND INC ATTN CHIEF FINANCIAL OFFICER 114 E MARION ST 018-1004-0141 MEMORIAL HOSPITAL OF SOUTH BEND INC MHS PROPERTIES MANAGEMENT SERVICE Unimproved Parcel 018-1004-0142 MEMORIAL HOSPITAL OF SOUTH BEND INC ATTN CHIEF FINANCIAL OFFICER 426 N MICHIGAN ST 018-1004-0143 MEMORIAL HEALTH SYSTEM INC 416 N DR MARTIN LUTHER KING JR BLVD 018-1004-014401 FRANCHISE REALTY CORP 33 402 N DR MARTIN LUTHER KING JR BLVD 018-1004-0148 FRANCHISE REALTY CORP Unimproved Parcel 018-1004-0152 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1004-0153 MEMORIAL HOSPITAL OF SOUTH BEND INC 120 E MARION ST 018-1004-0154 MEMORIAL HOSPITAL OF SOUTH BEND INC Unimproved Parcel 018-1004-015401 RIVER BIRCH HEALTH LLC 206 E MARION ST 018-1004-0155 RIVER BIRCH HEALTH LLC Unimproved Parcel 018-1004-015501 RIVER BIRCH HEALTH LLC Unimproved Parcel 018-1007-0223 CERES FARMS LLC Unimproved Parcel 018-1007-0223 CERES FARMS LLC Unimproved Parcel 018-1012-0307 CERES FARMS LLC Unimproved Parcel 018-1012-0307 CERES FARMS LLC Unimproved Parcel 018-1012-030901 CERES FARMS LLC Unimproved Parcel 018-1012-031001 MARTIN BLAD FARMS INC 135 N LAFAYETTE BLVD 018-1012-0451 CATHEDRAL OF ST JAMES 502 W LASALLE AVE 018-1023-0991 HOUSING AUTHORITY OF SOUTH BEND Unimproved Parcel 018-1058-2461 INVISION 360 PROPERTIES LLC 908 N PORTAGE AVE 018-1060-2535 FORD RICHARD L AND LINDA L 906 N PORTAGE AVE 018-1060-2536 FORD RICHARD L AND LINDA L 1317 N WOODWARD AVE 018-1094-3938 WAGGONER LAMONT M AND CHESTER W 1336 N PORTAGE AVE 018-1094-3939 JOHN SHERRY & MILLER JANETTE (1/2EA % BURKHART ADVERTISING 1356 N PORTAGE AVE 018-1094-393901 RANDHAWA HARPREET 1355 N PORTAGE AVE 018-1094-3940 LAKSHMI PROPERTIES LLC 1302 W ELWOOD AVE 018-1094-3941 CROSSTOWNE LTD 1335 N PORTAGE AVE 018-1094-394101 SNYDER RAYMOND E AND MARSHA L Unimproved Parcel 018-1094-394102 LAKSHMI PROPERTIES LLC 1408 W ELWOOD AVE 018-1094-3943 1408 ELWOOD AVENUE LLC Unimproved Parcel 018-1094-394301 PRUSINSKI FRANK 1410 W ELWOOD AVE 018-1094-394302 INDIANA MICH ELECT CO ATT TAX DEPT 34 Unimproved Parcel 018-2001-0012 HIC INVESTMENTS LLC ATTN MICHAEL MORRIS 1702 W CIRCLE AVE 018-2001-001301 HIC INVESTMENTS LLC Unimproved Parcel 018-2001-001302 HIC INVESTMENTS LLC ATTN MICHAEL MORRIS 1610 W CIRCLE AVE 018-2002-001701 HIC INVESTMENTS LLC ATTN:MICHAEL MORRIS 1628 W CIRCLE AVE 018-2002-001702 HIC INVESTMENTS LLC ATTN MICHAEL MORRIS 1636 W CIRCLE AVE 018-2002-001704 ACCENT INDIANA INC 2501 ORANGE ST 018-2038-1307 SHURN ELES O JR 2515 ORANGE ST 018-2038-1316 2515 W ORANGE ST TRUST 2517 ORANGE ST 018-2038-1319 BIGHAM BONITA KAYE 2521 ORANGE ST 018-2038-1322 SPENCER WILLIE & MARTHA Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2052-1825 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2053-1871 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1965 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1977 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1982 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1983 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1984 BENDIX CORP % HONEYWELL INC TAX DEPT Unimproved Parcel 018-2055-1991 BENDIX CORP % HONEYWELL INC TAX DEPT 3034 W ROGER ST 018-2055-1994 LOPEZ VICTOR M 3034 W ROGER ST 018-2055-1995 LOPEZ VICTOR M 3026 W ROGER ST 018-2055-1996 RUELAS KARLA S Unimproved Parcel 018-2055-1997 PHILLIPS JAMES R 3018 W ROGER ST 018-2055-1998 PHILLIPS JAMES R Unimproved Parcel 018-2055-1999 3010 W ROGER ST 018-2055-2000 LOPEZ VICTOR 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MONROE ST 018-3020-0714 LEFTA LLC Unimproved Parcel 018-3020-0715 LEFTA LLC Unimproved Parcel 018-3020-0716 LEFTA LLC 1011 W SAMPLE ST 018-3064-2474 HOPKINS PROPERTIES OF SOUTH BEND LLC 38 424 S MICHIGAN ST 018-3086-3472 UNITED STATES OF AMERICA WASH D C 316 S DR MARTIN LUTHER KING JR BLVD 018-3087-3473 ST JOSEPHS TOWER INC % TRINITY CONTINUING CARE SERVICES ATTN: ACCOUNTING 320 S DR MARTIN LUTHER KING JR BLVD 018-3087-347302 GM3B LLC Unimproved Parcel 018-3090-3476 RIVER GLEN OFFICE PARK LP Unimproved Parcel 018-3090-3477 J V REALTY INC C/O CRESSY & EVERETT MGMT 200 Unimproved Parcel 018-3090-347701 J V REALTY INC ATTN: HARRY SHAFFER Unimproved Parcel 018-3090-347701 J V REALTY INC ATTN: HARRY SHAFFER 340 S COLUMBIA ST 018-3090-3478 J V REALTY INC ATTN: HARRY SHAFFER 330 E JEFFERSON BLVD 018-3090-3479 CROWE GROUP PROPERTIES LLC 348 S COLUMBIA ST 018-3090-3481 RIVER GLEN OFFICE PARK LP Unimproved Parcel 018-3090-3482 KARL KING HOLDINGS LLC 515 E MONROE ST 018-3090-3483 KARL KING HOLDINGS LLC 350 S COLUMBIA ST 018-3090-3484 350 COLUMBIA STREET LLC Unimproved Parcel 018-3090-348401 RIVER GLEN OFFICE PARK LP 404 COLUMBIA ST 018-3090-3485 RIVER GLEN OFFICE PARK LP 501 E MONROE ST 018-3090-3486 RIVER GLEN OFFICE PARK LP 2414 W WESTERN AVE 018-4024-0814 AKRAM MUHAMMAD U 2402 W WESTERN AVE 018-4024-0817 AKRAM MUHAMMAD U 133 N KALEY ST 018-4029-1038 MCMAHON LLC Unimproved Parcel 018-4029-1039 MCMAHON LLC Unimproved Parcel 018-4030-1085 JAMES CEOLA 117 N KALEY ST 018-4030-1086 JAMES CEOLA Unimproved Parcel 018-4030-1087 JAMES CEOLA 109 N KALEY ST 018-4030-1088 MFC SOUTH BEND HOLDINGS II LLC 105 N KALEY ST 018-4030-1089 GALARD INVESTMENTS LLC Unimproved Parcel 018-4030-1090 PAYNE ALLAN & DIONNE 2222 W WASHINGTON ST 018-4097-361201 SWEET HOME RENTALS LLC 39 2102 W WASHINGTON ST 018-4097-361202 MEAD PROPERTY HOLDINGS LLC Unimproved Parcel 018-4097-3654 VILLEGAS MANUEL AND MARCO AND RAMIREZ JUAN AND NAVARRO DAVID 909 E BROADWAY ST 018-7010-037101 CARDINAL BOTTLING CO INC % TAX DEPT. 1409 MIAMI ST 018-7010-0391 ALVAREZ KERI 1407 MIAMI ST 018-7010-0392 RODRIGUEZ CARLOS A & JORGINA 1323 MIAMI ST 018-7010-0393 1323 MIAMI LAND TRUST 1321 MIAMI ST 018-7010-0394 IVACIC JEROME P TRUSTEE OF THE JEROME P IVACIC REVOCABLE TRUST DATED AUGUST 23 1993 1319 MIAMI ST 018-7010-0395 TUCEK ALMIR & JASDINA & FIKRET AS JOINT TENANTS W/ROS & NOT AS TIC 1417 MIAMI ST 018-7011-0439 DREAM VENTURE CAPITAL LLC W CHUPP KENNETH A PRESIDENT 1421 MIAMI ST 1 018-7011-0440 IVACIC ASSESSMENTS LLC 1425 MIAMI ST 1 018-7011-0441 THAUMATURGUS INC Unimproved Parcel 018-7011-0442 IVACIC JERRY 1511 MIAMI ST A 018-7011-0444 IVACIC JERRY 1515 MIAMI ST A 018-7011-0445 IVACIC JEROME P 1519 MIAMI ST 018-7011-0446 1519 MIAMI STREET TRUST 1529 MIAMI ST 018-7011-0447 DOMINGUEZ JOSE DBA BENDIX RESTAURANT Unimproved Parcel 018-7017-0686 INDIANA & MICHIGAN ELECTRIC COMPANY ATT: TAX DEPARTMENT 1078 LINCOLN WAY E 018-7017-0689 SLM MANAGMENT LLC Unimproved Parcel 018-7017-0692 BURKHART ADVERTISING INC 1306 S HIGH ST 018-7017-072601 CARDINAL BOTTLING COMPANY INC 1330 S HIGH ST 018-7017-072604 CARDINAL BOTTLING CO INC % TAX DEPT. 1502 S MICHIGAN ST 018-7024-0953 MORALES-SALAZAR SELENE J 1512 S MICHIGAN ST 018-7024-0955 MORALES-SALAZAR SELENE J 1514 S MICHIGAN ST 018-7024-0974 THAUMATURGUS INC 1518 S MICHIGAN ST 018-7024-0975 ROSALES ESTANISLADO & REBECCA Unimproved Parcel 018-7024-0976 ROSALES ESTANISLADO & REBECCA 1326 S MICHIGAN ST 018-7026-1039 ELSTON AMUSEMENT CORP 40 1402 S MICHIGAN ST 018-7026-1048 LIFE TREATMENT CENTERS INC Unimproved Parcel 018-7026-1050 LIFE TREATMENT CENTERS INC Unimproved Parcel 018-7026-1058 FULMER L CRAIG 1420 S MICHIGAN ST 018-7026-1059 FULMER L CRAIG Unimproved Parcel 018-7026-1060 FULMER L CRAIG 1602 S MICHIGAN ST 018-7031-1188 PETERDY OLIVER 112 E INDIANA AVE 018-7031-118801 BH INVESTMENTS LLC 1606 S MICHIGAN ST 018-7031-1189 FELDER-CHANEY DAWN 1612 S MICHIGAN ST 018-7031-1190 JOHNSON JEREMIAH A 1614 S MICHIGAN ST 018-7031-1200 MARQUEZ CAROLINA 1620 S MICHIGAN ST 018-7031-1201 ATKINS ELVONNA Unimproved Parcel 018-7031-1202 ATKINS ELVONNA V 1624 S MICHIGAN ST 018-7031-1203 BEYER JEFF S Unimproved Parcel 018-7052-1973 HANS MARK S & SALLY A Unimproved Parcel 018-7052-1974 GAFILL OIL CO. % GAFILL PROJECTS INC 1603 MIAMI ST 018-7052-1975 BONK RENTAL PARTNERSHIP THE 1609 MIAMI ST 018-7052-1976 KOEHLER RONALD E Unimproved Parcel 018-7052-1977 MIAMI VILLAGE CHURCH INC 1619 MIAMI ST A 018-7052-1978 VANCAMP ELIZABETH A 1621 MIAMI ST 018-7052-1979 SLM MANAGEMENT LLC 1625 MIAMI ST 018-7052-1980 CONNER RICK J 1130 LINCOLN WAY E 018-7071-2613 GRETA'S DREAMS LLC 1130 LINCOLN WAY E 018-7071-2613 GRETA'S DREAMS LLC 1126 LINCOLN WAY E 018-7071-2624 KIL GREGORY A & DIANE M 1126 LINCOLN WAY E 018-7071-2624 KIL GREGORY A & DIANE M Unimproved Parcel 018-7071-2626 GRETA'S DREAMS LLC SEE NOTES Unimproved Parcel 018-7071-2627 GRETA'S DREAMS LLC SEE NOTES 1232 MIAMI ST 1 018-7071-2628 AUSTIN INDIANA HOLDINGS LLC 1122 LINCOLN WAY E 018-7071-2629 JESSUP DAVID 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018-7081-2943 J J J PROPERTIES INC 1514 MIAMI ST A 018-7081-2956 POPPY HOLDINGS LLC 1518 MIAMI ST 018-7081-2957 WALKING WITH JESUS MINISTRIES 1524 MIAMI ST 018-7081-2958 ARTISAN INVESTMENT GROUP LLC 1526 MIAMI ST 018-7083-3005 KINDLEY LEONARD Unimproved Parcel 018-7083-3006 CARTER LINDA 1534 MIAMI ST 018-7083-3007 ERIN REAL ESTATE INC 1602 MIAMI ST 018-7083-3008 ABDEL SHAHID HANY 1600 MIAMI ST 018-7083-300801 AZAR KHALIL T 1606 MIAMI ST 018-7083-3009 LEWIS DAWN S 1612 MIAMI ST 018-7083-3010 TRULY FAVORED TRUST 1201 S MAIN ST 018-8004-0176 HARMON WILLIAM V 1203 S MAIN ST 018-8004-0177 HARMON WILLIAM V 1205 S MAIN ST 018-8004-0178 DEFREEUW JAMES E & RUTH MARY AS TRUSTEES UNDER DECLARATION OF TRUST 42 1207 S MAIN ST 018-8004-0179 DEFREEUW JAMES E & RUTH MARY AS TRUSTEES UNDER DECLARATION OF TRUST 1213 S MAIN ST 018-8004-0180 DEFREEUW JAMES E & RUTH MARY AS TRUSTEES UNDER DECLARATION OF TRUST 1321 S MAIN ST 018-8004-0182 ANDREWS SCOTT DOUGLAS Unimproved Parcel 018-8004-0188 BLK LLC Unimproved Parcel 018-8004-0189 BLK LLC SEE TRANSFER NOTE Unimproved Parcel 018-8004-0190 BLK LLC 1202 S MAIN ST 018-8004-0204 REAL SERVICES HOUSING INC 118 W STULL ST 018-8004-020401 REAL SERVICES HOUSING INC Unimproved Parcel 018-8004-0205 MAIN STREET PROPERTY MANAGEMENT LLC Unimproved Parcel 018-8004-020501 REAL SERVICES HOUSING INC 1220 S MAIN ST 018-8004-0206 MAIN STREET PROPERTY MANAGEMENT LLC 1310 S MAIN ST 018-8004-0215 ALLEN RICHARD Unimproved Parcel 018-8004-0216 WONG DENIS Y REV TRUST AND AS TRUSTEE 1207 S MICHIGAN ST 018-8004-0217 WONG DENIS Y REV TRUST AND AS TRUSTEE 1211 S MICHIGAN ST 018-8004-0218 WONG DENIS Y REV TRUST AND AS TRUSTEE Unimproved Parcel 018-8004-0220 KUHN FREDERICK & KUHN WILLIAM & KUHN BRENDA Unimproved Parcel 018-8004-0223 VASILIADES DIMITRIOS 1313 S MICHIGAN ST 018-8004-0224 VASILIADES DIMITRIOS 1327 S MICHIGAN ST 018-8004-0227 CHURCH OF GOD DIVINE TOUCH THE 1401 S MAIN ST 018-8005-0231 MAIN AND BROADWAY LLC SEE TRANSFER NOTE 1400 S MAIN ST 018-8005-0236 PODELL T GEORGE & JANET L Unimproved Parcel 018-8005-0237 PODELL T GEORGE & COMPANY INCORPORATED Unimproved Parcel 018-8005-023701 PODELL T GEORGE & COMPANY INCORPORATED 1408 S MAIN ST 018-8005-0238 PODELL T GEORGE & COMPANY INCORPORATED Unimproved Parcel 018-8005-023801 STUDEBAKER LOCAL UNION NO 5 UAW-AFL- CIO BLD CORP Unimproved Parcel 018-8005-0239 STUDEBAKER LOCAL UNION NO 5 UAW-AFL- CIO BLD CORP Unimproved Parcel 018-8005-023901 LOCAL UNION NO 5 UAW BLDG CORP 1401 S MICHIGAN ST 018-8005-0241 K & T PROPERTIES INC AS TRUSTEE OF THE GOLDEN AGE LAND TRUST 1407 S MICHIGAN ST 018-8005-0242 K & T PROPERTIES INC AS TRUSTEE OF THE GOLDEN AGE LAND TRUST 43 Unimproved Parcel 018-8005-0243 GOFF HEATING & AIR CONDITIONING & CO INC Unimproved Parcel 018-8005-024301 GOFF HEATING & AIR CONDITIONING CO Unimproved Parcel 018-8005-0244 GOFF HEATING & AIR CONDITIONING & CO INC Unimproved Parcel 018-8005-0245 GOFF HEATING & AIR CONDITIONING & CO INC 1431 S MICHIGAN ST 018-8005-024601 TEPE ELMER H & TEPE ROY J & DBA ELRO CO 1431 S MICHIGAN ST 018-8005-024601 TEPE ELMER H & TEPE ROY J & DBA ELRO CO 1535 S MAIN ST 018-8005-0248 RIDGE COMPANY 1426 S MAIN ST 018-8005-0260 STUDEBAKER LOCAL NO.5 BLDG.CORP. Unimproved Parcel 018-8005-0261 CHRISTIAN CHURCH INTERNATIONAL INC Unimproved Parcel 018-8005-0262 CHRISTIAN CHURCH INTERNATIONAL INC Unimproved Parcel 018-8005-0263 CHRISTIAN CHURCH INTERNATIONAL INC 1514 S MAIN ST 018-8005-0265 MERCANTINI SAMUEL A Unimproved Parcel 018-8005-0267 ELRO COMPANY LLC Unimproved Parcel 018-8005-0268 ELRO COMPANY LLC Unimproved Parcel 018-8005-0269 ELRO COMPANY LLC Unimproved Parcel 018-8005-0270 MONAHAN C&C REAL ESTATE LLC 1530 S MAIN ST 018-8005-0272 CHRISTIAN CHURCH INTERNATIONAL INC Unimproved Parcel 018-8005-0273 CHRISTIAN CHURCH INTERNATIONAL INC Unimproved Parcel 018-8005-0274 CHRISTIAN CHURCH INTERNATIONAL INC 1536 S MAIN ST 018-8005-0275 ZHAO CHONG P 1517 S MICHIGAN ST 018-8005-0276 MONAHAN C&C REAL ESTATE LLC 1527 S MICHIGAN ST 018-8005-027801 FISH GREGORY K Unimproved Parcel 018-8005-027802 CHRISTIAN CHURCH INTERNATIONAL INC 1607 S MAIN ST 018-8007-0364 PALADIN CASEWORKS INC 1701 S MAIN ST 018-8007-0371 CALIFANO JOHN 1723 S MAIN ST 018-8008-0381 SSDL LLC SEE TRANSFER NOTE 1601 N MAIN ST 018-8008-0383 PALADIN CASEWORKS INC 116 E INDIANA AVE 018-8008-0386 ALBERS JOHN 120 E INDIANA AVE 018-8008-038601 ALBERS JOHN 112 W INDIANA AVE 018-8008-0388 DELTA 1 PROPERTIES LLC 114 E INDIANA AVE 018-8008-0389 DELTA 1 PROPERTIES LLC 44 1601 S MICHIGAN ST 018-8008-0390 DELTA 1 PROPERTIES LLC 1609 S MICHIGAN ST 018-8008-039001 DELTA 1 PROPERTIES LLC 1618 S MAIN ST 018-8008-0391 MILLERS REAL ESTATE LLC 1619 S MICHIGAN ST 018-8008-039101 DELTA ONE PROPERTIES LLC Unimproved Parcel 018-8008-0392 WARUI DAVID & MATURI PATRICIA 1633 S MICHIGAN ST 018-8008-0393 REALTY INCOME PROPERTIES 13 LLC Unimproved Parcel 018-8008-0394 WARUI DAVID & MATURI PATRICIA 1626 S MAIN ST 018-8008-0396 WARUI DAVID & MATURI PATRICIA 1702 S MAIN ST 018-8008-0398 LOPEZ RICK 1704 S MAIN ST 018-8008-039801 LOPEZ RICK 1706 S MAIN ST 018-8008-039802 LOPEZ RICK 1711 S MICHIGAN ST 018-8008-0400 HILLTOP CO LIMITED LIABILITY CO 1714 S MAIN ST 018-8008-0401 LOPEZ RICK 1725 S MICHIGAN ST 018-8008-0403 SAYLOR FAMILY TRUST W/WALTER SR & SHARON L AS TRUSTEES 1733 S MICHIGAN ST 018-8008-040501 EL CHEIKH RIDA J 1729 S MICHIGAN ST 018-8008-0406 EL CHEIKH RIDA J 109 W DAYTON ST 018-8008-040601 EL CHEIKH RIDA J 1720 S MAIN ST 018-8009-0407 JOYS GYMNASTICS INC Unimproved Parcel 018-8009-0408 JOYS GYMNASTICS INC 1724 S MAIN ST 018-8009-040901 JOYS GYMNASTICS INC 1732 S MAIN ST 018-8009-0411 JOYS GYMNASTICS INC 1734 S MAIN ST 018-8009-0412 JOYS GYMNASTICS INC 1801 S MAIN ST 018-8009-0413 SSDL LLC SEE TRANSFER NOTE 1819 S MAIN ST 018-8009-0422 GEYER WILLIAM A 1802 S MAIN ST 018-8009-0423 KILL N EM INC 1804 S MAIN ST 018-8009-0424 GRAF JERRY D & DIANE 1808 S MAIN ST 018-8009-0426 GRAF JERRY D & DIANE 1812 S MAIN ST 018-8009-0427 GRAF JERRY 1814 S MAIN ST 018-8009-0430 MITTIGA ROSARIO AND MARIA 1818 S MAIN ST 018-8009-043102 BRIGHT BEGINNINGS CHILDCARE LLC Unimproved Parcel 018-8009-043103 MITTIGA ROSARIO AND MARIA 1801 S MICHIGAN ST 018-8009-0433 THAUMATURGUS INC C/O JEROME P IVACIC, PRESIDENT 45 1805 S MICHIGAN ST 018-8009-0434 CEILLEY BERNIE M & LINDA J 1809 S MICHIGAN ST 018-8009-0435 STULAJTER MILAN 1811 S MICHIGAN ST 018-8009-043501 1811 SOUTH MICHIGAN STREET LLC 1813 S MICHIGAN ST 018-8009-0436 BORYSIAK IRENE 1817 S MICHIGAN ST 018-8009-043701 1817 SOUTH MICHIGAN STREET LLC 1819 S MICHIGAN ST 018-8009-0439 EL-AMMORI WADAD 1821 S MICHIGAN ST 018-8009-0440 EL-AMMORI WADAD 1831 S MAIN ST 018-8010-0444 GEYER WILLIAM A 1824 S MAIN ST 018-8010-0446 BRIGHT BEGINNINGS CHILDCARE LLC 1828 S MAIN ST 018-8010-0447 BALENTINE ELVIS E 1827 S MICHIGAN ST 018-8010-044801 SENOUR JAMES & MARILYN J 1825 S MICHIGAN ST 018-8010-044802 SUGAR MARIE LLC 22027 SR 23 HWY 018-9012-0310 CATALDO BRUNO & ROSA Unimproved Parcel 018-9012-031001 STAR 001 LLC 24605 CLEVELAND RD 025-1011-018901 31 NIMTZ LAND LLC Unimproved Parcel 025-1012-003701 FISKARS PROPERTIES INC 24810 US 20 HWY 025-1020-034401 SBCC DEVELOPMENT CORP 24820 US 20 HWY 025-1020-0345 SBCC DEVELOPMENT CORP Unimproved Parcel 025-1020-034501 SBCC DEVELOPMENT CORP 54270 PINE RD 025-1021-035110 SBCC DEVELOPMENT CORP 24762 US 20 HWY 025-1021-0352 SBCC DEVELOPMENT CORP 24700 US 20 HWY 025-1021-035201 SBCC DEVELOPMENT CORP 24650 US 20 HWY 025-1021-035202 SBCC DEVELOPMENT CORP 24632 US 20 HWY 025-1021-035301 SBCC DEVELOPMENT CORP Unimproved Parcel 025-1021-035302 SBCC DEVELOPMENT CORP Unimproved Parcel 025-1021-035303 SBCC DEVELOPMENT CORP Unimproved Parcel 025-1021-036004 SBCC DEVELOPMENT CORP Unimproved Parcel 018-3010-0325 MARY COYNE INVESTMENTS LLC Unimproved Parcel 018-1008-0317 COYNE MARY INVESTMENTS LLC Unimproved Parcel 018-3008-0251 COYNE MARY INVESTMENTS LLC Unimproved Parcel 018-3010-0328 COYNE MARY INVESTMENTS LLC 117 S WILLIAM ST 018-3010-0327 COYNE MARY INVESTMENTS LLC CITY OF SOUTH BEND 2019 WEST WASHINGTON CHAPIN DEVELOPMENT AREA PLAN 1 Table of Contents Purpose .......................................................................................................................2 History of West Washington Chapin Development Area ...........................................2 Location of West Washington Chapin Development Area .........................................2 Development Area Activities ......................................................................................2 Goals / Objectives .......................................................................................................3 Tax Increment Financing (“TIF”) District.....................................................................5 Statutory Findings .......................................................................................................5 Acquisition of Real Property in the West Washington Chapin Development Area ....6 Procedure for Amendment of the West Washington Chapin Development Area Plan .............................................................................................................................6 APPENDIX ...................................................................................................................7 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY ......................................8 Appendix B – LEGAL DESCRIPTION ..........................................................................9 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST ..................... 12 Appendix D – LIST OF DEVELOPMENT AREA PLAN DOCUMENTS ........................ 13 2 Purpose The purpose of the West Washington Chapin Development Area Plan is as follows:  To provide a broad vision and strategy for the economic and physical revitalization of the West Washington Chapin Development Area, and  To establish a framework for ongoing collaborative planning efforts involving residents and other property owners, business owners, civic associations, institutional partners, and local government. History of West Washington Chapin Development Area The South Bend Redevelopment Commission designated the West Washington Chapin Development Area in 1987 [Declaratory Resolution No. 818 and Confirming Resolution No. 824]. Location of West Washington Chapin Development Area The West Washington Chapin Development Area includes much of the Near Westside and is immediately west of downtown South Bend. The development area boundary is more specifically represented in Appendix A and in the legal description found in Appendix B. Development Area Activities The goals and objectives for the West Washington Chapin Development Area will be accomplished through a combination of public and private actions. Public actions may be any redevelopment activities permitted by state law, including, but not limited to, the following: 1. Provision for public works improvements to infrastructure, such as streets and roads, sidewalks, curbs, water mains, storm drains, sewers and other utilities, lighting, traffic controls, and landscaping of public spaces and rights-of-way; 2. Vacation and dedication of public rights-of-way; 3. Provision for other public facilities and improvements; 4. Property acquisition and the assemblage of properties for the siting of new development; 5. Relocation of individuals, households, or businesses; 6. Disposition of assembled sites, rehabilitated structures, and other properties; 7. Rehabilitation or demolition of built structures; 8. Environmental study and remediation of properties; 9. Pre-development activities, such as engineering, architectural work, planning, traffic analysis, market area analysis, marketing, program development, title, survey, appraisal, and legal work; or 10. Any other activity pertaining to planning and implementing the West Washington Chapin Development Plan. Activities, as well as goals and objectives, may be further detailed in adopted neighborhood and master plans for areas within the West Washington Chapin Development Area. These plan documents are listed in Appendix D. The following are the goals and objectives for the West Washington Chapin Development Area: 3 Goals / Objectives 1. Land Use and Growth: Encourage sustainable growth that preserves and enhances the character of the City of South Bend (the “City”) and ensures compatibility of land uses in the community in appropriate areas of the neighborhood. a. Support the use and redevelopment of land in accordance with established plans. b. Prioritize development in established areas over development at the edge of the city. c. Promote high quality neighborhoods, especially those that offer neighborhood- scale commercial services, employment opportunities, and community spaces. d. Foster urban density, including among residential uses. e. Support mixed-use development, especially when concentrated downtown or in neighborhood centers. f. Facilitate the creation of development sites. g. Promote projects that best maximize the assessed value of the property. 2. Transportation: Provide a balanced transportation system that is integrated locally and regionally and employs Complete Streets principles. a. Design a transportation network for all users that supports access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive. b. Provide a transportation system that improves mobility, especially by connecting residents to centers of commerce, employment, and recreation. c. Partner with businesses, private developers, institutions, and other governmental agencies to develop transportation facilities that provide better access within and beyond the City’s borders connecting to other regional metropolitan areas. 3. Public Infrastructure and Facilities: Provide efficient and progressive public infrastructure and facilities that accommodate future growth and meet the community’s changing needs. a. Construct and plan for the long-term maintenance of street, streetscape, parking, utility, and other basic infrastructure improvements that stimulate private development, especially in already established areas of the City. b. Support the development of conventional and emerging technology-based infrastructure, particularly in ways that maximize aesthetics and mitigate negative impacts. c. Provide well maintained parks, trails, and other recreational and cultural facilities that are easily accessible to the community. d. Provide municipal buildings and facilities necessary to serve the community. 4. Housing: Achieve a thriving housing market within the City that offers appealing neighborhoods with diverse housing choices. a. Encourage housing options for all household types, abilities, age groups, and income levels. b. Facilitate a full range of housing types, varying in size, arrangement, style, and amenity. 4 c. Support the renovation of existing housing stock to meet the community’s housing needs. d. Promote the development of workforce housing. 5. Economic Development: Promote a healthy and diversified economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. a. Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. b. Market the City to businesses and developers through a deliberate strategy. c. Encourage economic opportunities in geographies across the City. d. Encourage the use of arts and culture as an economic generator. e. Protect and increase the personal and real property tax base of the area. 6. Sustainability and Environmental Management: Promote sustainable environmental management that enhances the quality of air, water, and land resources, and preserves the St. Joseph River as an irreplaceable resource. a. Utilize principles of sustainable design, development, and practice. b. Facilitate the productive reuse of brownfield properties. c. Encourage the preservation and expansion of the urban tree canopy. d. Support the development of projects that promote the health of city residents. 7. Placemaking and the Built Environment: Promote an attractive public realm that preserves and enhances the City’s history and built environment. a. Support walkable urban development. b. Encourage urban design that creates or enhances a sense of place, provides vibrancy, incorporates arts and culture, and fosters safety. c. Integrate parks and trails into the city using urban design principles. d. Prioritize projects that preserve and rehabilitate existing buildings over ones of new construction. e. Support development that is context sensitive and conserves the historical, architectural, and social fabric of the City. f. Preservation and enhancement of historic structures, including the housing stock in the West Washington National Historic District. 8. Education & Training: Provide educational and training opportunities that support people of all ages to compete successfully in the economy. a. Ensure a strong match between job skills among the population and present and future needs of employers. b. Partner with organizations to enhance educational opportunities for youth from pre-K to Grade 12. c. Partner with organizations that offer internships, co-ops, apprenticeships, continuing education, and other job training programs. 5 Tax Increment Financing (“TIF”) District The South Bend Redevelopment Commission may implement the use of TIF within a redevelopment area pursuant to state law (I.C. 36-7-14). TIF districts target blighted areas in order to transform them into viable areas making the community more appealing and attractive for economic development, which creates a better quality of life for the districts’ residents. TIF districts are powerful and effective tools that may provide financing for infrastructure improvements within redevelopment projects which may, in turn, entice market dollars back into abandoned and dilapidated areas. The lifespan of a TIF district varies based upon the time of its creation. TIF creates revenues for improvements without raising taxes, offers incentives for businesses and developers, and builds communities. TIF works by capturing additional property tax revenue due to the revitalization of a designated area. The assessment rate of the year in which the TIF is established is used as the base year, and tax revenues generated due to the increase in assessment over the base year assessment of properties within the TIF district are set aside for use in that TIF district. Thus, no new taxes or increases in tax rates occur, rather TIF funds are generated when property values improve due to the overall improvement of the TIF district. These TIF funds are placed in a special account and can only be used for public improvements within the TIF district. Public improvements include, but are not limited to, sidewalks, curbs, gutters, street paving and construction, water lines, wastewater lines, storm sewer lines, and storm water basin improvements in, serving, or benefitting the TIF district. Statutory Findings The West Washington Chapin Development Area Plan meets the following required findings by the Redevelopment Commission pursuant to state law (36-7-14-15(a)): 1. The West Washington Chapin Development Area is an area in the territory under its jurisdiction and is an area needing redevelopment; 2. The conditions described in state law (I.C. 36-7-1-3) cannot be corrected in the West Washington Chapin Development Area by regulatory processes or the ordinary operations of private enterprise without resorting to state law (I.C. 36-7-14); 3. The public health and welfare will be benefitted by the amendment of the resolution or plan, or both, for the West Washington Chapin Development Area; and 4. The amendment is reasonable and appropriate when considered in relation to the original resolution or plan for the West Washington Chapin Development Area and the purposes of state law (I.C. 36-7-14); and 5. The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. 6 Acquisition of Real Property in the West Washington Chapin Development Area In connection with the accomplishment of this West Washington Chapin Development Plan, the South Bend Redevelopment Commission shall include all parcels with the boundaries set forth above on the acquisition list attached as Appendix C and shall follow the procedures set forth in state law (I.C. 36-7-14-19 or I. C. 36-7-14-19.5). Procedure for Amendment of the West Washington Chapin Development Area Plan The West Washington Chapin Development Area Plan may be amended by resolution of the South Bend Redevelopment Commission in accordance with state law (I.C. 36-7-14-17.5). Any change affecting any property or contractual right may be made only in accordance with applicable state and local laws. 7 APPENDIX 8 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY Provides boundary, streets, public improvements per IC 36-7-14-15(b)(1) 9 Appendix B – LEGAL DESCRIPTION A PARCEL of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: A Parcel of land being a part of Section 10, and a part of Section 11 , Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: COMMENCING at the point of intersection of Western Avenue and William Street; thence North along the Centerline of William Street to the Easterly projection of the North right-of-way line of Wayne Street ; thence Westerly along said Easterly projection and along the North right-of-way line of Wayne Street to the Southeast corner of Lot # 15 in the Plat of Vail’s Subdivision, Block 3, as recorded in the records of the St. Joseph County, Indiana Recorder’s Office and the Point of Beginning; thence continuing West along the North right-of-way line of said Wayne Street and its Westerly projection to the intersection of the West right-of-way line of Taylor Street; thence North along the West right-of-way line of Taylor Street to the intersection of the South right-of-way line of Wayne Street; thence West along the South night-of-way line of Wayne Street to the intersection of the East right-of-way line of Scott Street; thence South along the East right-of-way line of Scott Street to the intersection of the Easterly projected South right-of-way line of Napier Street; thence West along the South right-of-way line of Napier Street to a point of intersection with the East right-of-way line of Chapin Street; thence South along said East line to a point of intersection with the South line of the first East-West 14 foot wide Public Alley located North of Western Avenue, extended East; thence West along said extension and continuing along the South line of said Alley to a point of intersection with the East right-of-way line of Walnut Street; thence South along said East line to a point of intersection with the North right-of-way line of the Conrail Railroad property (formerly known as the Penn Central Railroad); thence Northwesterly along the North right-of-way line of said Conrail Railroad property to the intersection of the West right-of-way line of the first 14 foot North-South Public Alley West of Chestnut Street; thence North along the West right-of-way line of said Alley to an intersection with the South right-of-way line of the first 14 foot West-East Public Alley North of Napier Street; thence West along the South right-of-way line of said Alley projected to the intersection of the West right-of- way line of Cherry Street; thence North along the West right-of-way line of Cherry Street to the intersection of the South right-of-way line of Jefferson Boulevard; thence West along the South right-of way line of Jefferson Boulevard to the intersection of the West right-of-way line of Cherry Street; thence North along the West right-of-way line of Cherry Street to the North right-of-way line of the first 10 foot West-East Public Alley South of Washington Street; thence West along the North right-of-way line of said Alley projected to the intersection of the West right-of-way line of the first 14 foot North-South Public Alley West of Cherry Street; thence North along the West right-of-way line of said Alley to the intersection of the South right-of-way line of Washington Stre et; thence West along the South right- of-way line of Washington Street projected to the intersection of the Southwest right-of-way l ine of Washington Street; thence Northwesterly along the Southwest right-of-way line of Washington Street to the intersection of the South right-of-way line of Washington Street; thence West along the South right-of-way line of Washington Street to the North right-of-way line of said Conrail Railroad Property; thence Northwesterly along said North right-of-way line projecting beyond Olive Street, intersecting with a projected Centerline of the first North-South 14 foot Public Alley, West of Olive Street (now noted as Block W12-Parcel l); thence North along the projected and Centerline of said North-South 14 foot Public Alley to the intersection of the North right-of-way line of Orange Street; thence East along the North right-of-way line of Orange Street to the intersection of the East right-of-way line of Olive Street; thence North along the East right-of-way line of Olive Street to the intersection of the South right-of-way of Linden Street; thence East along the South right-of-way line of Linden Street to the intersection of the West right-of- way line of Sadie Street; thence South along the West right-of-way line of Sadie Street to the intersection of the North property line of Lot 77 of Arnold's Second Addition to the City of South Bend (now noted as Block W2-Parcel 21 ); thence East along a projected line of said Lot 77, also being along the North line of Lot 56 of said Arnold's Second Addition (now noted as Block W3-Parcel I); thence continuing East along the North Line, of Lots 34,33 and 12 of Oak Grove Addition (now noted as Block W3-Parcel 2, Block W4-Parcel and Parcel 2) to the intersection of the West right-of-way line of O'Brien Street; thence North along the West right-of-way line of O'Brien Street to the intersection of the projected North property line of Lot 2, of Oak Grove Addition; thence East along the projected and North line of Lot 2 (now noted as Block W5-Parcel) to the East right-of-way line of Grant Street; thence South along the East right-of-way line of Grant Street to the approximate mid-point of Lot 19 of College Grove Addition (now noted as Block W6-Parcel l ); thence East along a line and approximate mid-point of Lot 19 to the East right-of-way line of Johnson Street; thence North along the East right-of-way line of Johnson Street to the Centerline of the first Public Alley North of Orange 10 Street; thence East along said Alley Centerline to a North-South Public Alley; thence North along said Alley Centerline to the North line of Lot 20, College Grove Addition; thence East along the North line of said Lot 20, and projected to the East right-of-way line of Brookfield Street; thence South along the East right-of-way line to a point being the approximate mid-point of Lot 21 (now noted as the North line of Block W8-Parcel I); thence East along an approximate mid-point line and projecting East to the intersection of the West right-of-way line of College Street; thence North along the West right-of-way line of College Street to the intersection of the South right-of-way line of Linden Street; thence East along the South right-of-way line of Linden Street to the intersection of the East right-of-way line Birdsell Street; thence South along the East right-of-way line of Birdsell Street to the intersection of the North property line of Lot 25 of Arnold & Pagin's Subdivision (now noted as Block W21-Parcel 1 ); thence East along the North property line of said Lot 25 to the intersection of the Centerline of the first 14 foot North-South Public Alley; thence South along the Centerline of said Alley to the intersection of the Centerline of the first East -West 16.5 foot Public Alley; thence East along the Centerline of said Alley to the intersection of the West right-of-way line of Studebaker Street; thence North to the intersection of a projected North right-of-way line of Hine Street; thence East along the projected and North right-of-way line of Hine Street to the intersection of the East right-of-way line of Walnut Street; thence South along the East right-of-way line of Walnut Street to the intersection of the South property line of the City Cemetery; thence East along the South property line of said Cemetery to a point which is 9.9 feet more or less North of the Northeast corner of Lot # 43 in the Plat of Rockafeller’s 2nd Addition as recorded in the Records of the St. Joseph County, Indiana Recorder’s Office: thence South along the East line of said Lot # 43 and its’ Northerly extension to the North Right-of-way line of Colfax Avenue; thence East along said North line to a point of intersection with the Southwest corner of Lot # 49 in said Plat; thence North along the West line of said Lot # 49 to the Northwest corner of said Lot # 49; thence Northwesterly to a point of intersection with the Southeast corner of the City Cemetery Parcel; thence North along the East property line of said Cemetery to a point approximately 39.0 feet North of the Northwest Corner of Lot 6 of Kuespert & Sommer's Addition (now noted as Block W44-Parcel 7); thence Northeasterly along said projected line and parallel with the Northwesterly line of Kuespert & Sommer's Addition to the intersection of the Centerline of LaPorte Avenue; thence Northwesterly along the Centerline of LaPorte Avenue to the intersection of the projected Centerline of the first 14 foot East-West Public Alley lying North of LaSalle Court; thence East along the Centerline of said Alley to the intersection of the West property line of Lot I, part of the original Lot I of Chapin's Subdivision of Bank Outlots l and 2; thence South along the West property line of said Lot I to the Northwest comer of Lot 3 of Horatio Chapin Subdivision (now noted as Block W52- Parcel 6); thence Southeasterly along the North property line of Lot 3 to the Northeast corner of said Lot 3; thence South along the East line of said Lot to the Southeast corner of said Lot, said corner also being on the North right-of-way line of La Salle Avenue; thence West along said North line to a point of intersection with the West line of the First 14 foot wide North-South Public Alley located West of William Street extended North; thence South along said extension and said West line and said West line extended South to a point of intersection with the South line of a 14 foot wide East-West Public Alley; thence East along said South line to a point of intersection with the East line of a Parcel of ground with Tax Key Number 18-1023-0974 as shown in the St. Joseph County, Indiana Auditor’s Office; thence South along said East line and continuing South and crossing Colfax Avenue (82.5 ft. wide) to the South right-of-way line of said Colfax Avenue; thence East to a point of intersection of the East line of a Parcel with Tax Key Number 18-1023-0968 as shown in said Auditor’s Office extended North; thence South crossing said Colfax Avenue (82.5 ft. wide) and continuing South along the East line of said Parcel with tax Key Number 18-1023-0968 and the East line of a parcel with Tax Key Number 18-1023-0962 as shown in the records of said Auditor’s Office to the North right-of-way line of Washington Street; thence South crossing said Washington Street (82.5 ft. wide) to a point on the South right-of-way line of said Washington Street; thence East along said South line to a point of intersection with the West line of the first 14 foot wide North-South Public Alley located West of William Street; thence South along said West line to the Southeast corner of Lot # 15 in the Plat of Vail’s Subdivision, Block 3, as recorded in the records of said County and the Point of Beginning. EXCEPTING THE FOLLOWING described tract of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the intersection of the East right-of-way line of Williams Street and the South right-of-way line of Washington Street; thence West along the said South right-of-way line to the East right-of-way line of Chapin Street; thence Westerly to a point located on the West right-of-way line of Chapin Street and 5 feet South of the South right- of-way line of Washington Street; thence South, a distance of 235 feet; thence West, a distance of 122.84 feet; thence South, a distance of 55 feet; thence West to the first North-South alley West of Chapin Street; thence South to a point 11 38.71 feet North of the North right-of-way line of Jefferson Boulevard; thence East to the West right-of-way line of Chapin Street; thence South to the North right-of-way line of Thomas Street; thence West along said North right-of- way line of Thomas Street to the East right-of-way line of Laurel Street; thence North along said East right-of-way line to a point 74.25 feet North of the North right-of-way line of Jefferson Boulevard; thence East to the West right-of- way line of the first North-South alley lying East of Laurel Street; thence North along said West right-of-way line to the North right-of-way line of the first East-West alley lying North of Jefferson Boulevard; thence West, a distance of 4 feet; thence North, a distance of 295 feet to the South right-of-way line of Washington Street; thence East along said South right-of-way line to the West right-of-way line of Chapin Street; thence North to the North right-of-way line of Washington Street; thence East along said North right-of-way line to the East right-of-way line of Williams Street; thence South to the place of beginning containing 9.68 acres more or less. 12 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST Property Address Parcel ID Owner of Record 508 W LASALLE AVE 018-1023-0988 HOUSING AUTHORITY OF SOUTH BEND Unimproved Parcel 018-1023-0989 HOUSING AUTHORITY OF SOUTH BEND Unimproved Parcel 018-1040-1733 HOLINESS CHURCH OF GOD Unimproved Parcel 018-1040-1734 SOUTH BEND HERITAGE FOUNDATION Unimproved Parcel 018-1040-1735 HOLINESS CHURCH OF GOD Unimproved Parcel 018-1044-1876 HABITAT FOR HUMANITY Unimproved Parcel 018-1044-1881 SOUTH BEND HERITAGE FOUNDATION 1227 W COLFAX AVE 018-1044-1883 CHANDLER PHYLLIS Unimproved Parcel 018-1044-1884 SOUTH BEND HERITAGE FOUNDATION INC 1219 W COLFAX AVE 018-1044-1885 CAMERON ARACADA 13 Appendix D – LIST OF DEVELOPMENT AREA PLAN DOCUMENTS The following plans cover all or some of the West Washington Chapin Development Area and provide further details on the activities, goals, and objectives within it: CITYWIDE PLANS  Bike South Bend 2010-12 Plan (2010)  South Bend Comprehensive Plan (City Plan) (2006)  Housing and Community Development Plan (2009) COMMERCIAL CORRIDOR PLANS  West Side Main Streets [Lincolnway West and Western Avenue] Plan (2014) VENUES, PARKS & ARTS PLANS  City Cemetery Master Plan & Improvements (View South Bend City Cemetery Page) (2015) CITY OF SOUTH BEND 2019 SOUTH SIDE DEVELOPMENT AREA PLAN 1 Table of Contents Purpose .......................................................................................................................2 History of South Side Development Area ...................................................................2 Location of South Side Development Area .................................................................2 Development Area Activities ......................................................................................2 Goals / Objectives .......................................................................................................3 Tax Increment Financing (“TIF”) District.....................................................................5 Statutory Findings .......................................................................................................5 Acquisition of Real Property in the South Side Development Area ...........................5 Procedure for Amendment of the South Side Development Area Plan .....................6 APPENDIX ...................................................................................................................7 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY ......................................8 Appendix B – LEGAL DESCRIPTION ..........................................................................9 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST ..................... 13 Appendix D – DEVELOPMENT AREA PLAN DOCUMENTS ..................................... 22 2 Purpose The purpose of the South Side Development Area Plan is as follows:  To provide a broad vision and strategy for the economic and physical revitalization of the South Side Development Area, and  To establish a framework for ongoing collaborative planning efforts involving residents and other property owners, business owners, civic associations, institutional partners, and local government. History of South Side Development Area The South Bend Redevelopment Commission designated the South Side Development Area in 2002 [Declaratory Resolution no 1914 and Confirming Resolution no 1928]. Location of South Side Development Area The South Side Development Area includes the South Gateway area (South Michigan and South Main Corridors south of Ewing Avenue), and the Ireland Road Commercial corridor including the retail districts between Lafayette Street and Ironwood Drive. The development area boundary is more specifically represented in Appendix A and in the legal description found in Appendix B. Development Area Activities Achievement of the goals and objectives for the South Side Development Area will be accomplished through a combination of public and private actions. Public actions may be any redevelopment activities permitted by state law, including, but not limited to, the following: 1. Provision for public works improvements to infrastructure, such as streets and roads, sidewalks, curbs, water mains, storm drains, sewers and other utilities, lighting, traffic controls, and landscaping of public spaces and rights-of-way; 2. Vacation and dedication of public rights-of-way; 3. Provision for other public facilities and improvements; 4. Property acquisition and the assemblage of properties for the siting of new development; 5. Relocation of individuals, households, or businesses; 6. Disposition of assembled sites, rehabilitated structures, and other properties; 7. Rehabilitation or demolition of built structures; 8. Environmental study and remediation of properties; 9. Pre-development activities, such as engineering, architectural work, planning, traffic analysis, market area analysis, marketing, program development, title, survey, appraisal, and legal work; or 10. Any other activity pertaining to planning and implementing the South Side Development Plan. Activities, as well as goals and objectives, may be further detailed in adopted neighborhood and master plans for areas within the South Side Development Area. These plan documents are listed in Appendix D. The following are the goals and objectives for the South Side Development Area: 3 Goals / Objectives 1. Land Use and Growth: Encourage sustainable growth that preserves and enhances the character of the City of South Bend (the “City”) and ensures compatibility of land uses in the community. a. Support the use and redevelopment of land in accordance with established plans. b. Prioritize development in established areas over development at the edge of the city. c. Promote high quality neighborhoods, especially those that offer neighborhood- scale commercial services, employment opportunities, and community spaces. d. Foster urban density, including among residential uses. e. Support mixed-use development, especially when concentrated downtown or in neighborhood centers. f. Facilitate the creation of development sites. g. Promote projects that best maximize the assessed value of the property. 2. Transportation: Provide a balanced transportation system that is integrated locally and regionally and employs Complete Streets principles. a. Design a transportation network for all users that supports access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive. b. Provide a transportation system that improves mobility, especially by connecting residents to centers of commerce, employment, and recreation. c. Partner with businesses, private developers, institutions, and other governmental agencies to develop transportation facilities that provide better access within and beyond the City’s borders connecting to other regional metropolitan areas. 3. Public Infrastructure and Facilities: Provide efficient and progressive public infrastructure and facilities that accommodate future growth and meet the community’s changing needs. a. Construct and plan for the long-term maintenance of street, streetscape, parking, utility, and other basic infrastructure improvements that stimulate private development, especially in already established areas of the City. b. Support the development of conventional and emerging technology-based infrastructure, particularly in ways that maximize aesthetics and mitigate any negative impacts. c. Provide well maintained parks, trails, and other recreational and cultural facilities that are easily accessible to the community. d. Provide municipal buildings and facilities necessary to serve the community. 4. Housing: Achieve a thriving housing market within the City that offers appealing neighborhoods with diverse housing choices. a. Encourage housing options for all household types, abilities, age groups, and income levels. b. Facilitate a full range of housing types, varying in size, arrangement, style, and amenity. 4 c. Support the renovation of existing housing stock to meet the community’s housing needs. d. Promote the development of workforce housing. 5. Economic Development: Promote a healthy and diversified economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. a. Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. b. Market the City to businesses and developers through a deliberate strategy. c. Encourage economic opportunities in geographies across the City. d. Encourage the use of arts and culture as an economic generator. e. Protect and increase the personal and real property tax base of the area. 6. Sustainability and Environmental Management: Promote sustainable environmental management that enhances the quality of air, water, and land resources, and preserves the St. Joseph River as an irreplaceable resource. a. Utilize principles of sustainable design, development, and practice. b. Facilitate the productive reuse of brownfield properties. c. Expand the role of the St. Joseph River and other waterways as centers for recreation and natural habitat. d. Encourage the preservation and expansion of the urban tree canopy. e. Support the development of projects that promote the health of city residents. 7. Placemaking and the Built Environment: Promote an attractive public realm that preserves and enhances the City’s history and built environment. a. Support walkable urban development. b. Encourage urban design that creates or enhances a sense of place, provides vibrancy, incorporates arts and culture, and fosters safety. c. Integrate parks and trails into the city using urban design principles. d. Prioritize projects that preserve and rehabilitate existing buildings over ones of new construction. e. Support development that is context sensitive and conserves the historical, architectural, and social fabric of the City. 8. Education & Training: Provide educational and training opportunities that support people of all ages to compete successfully in the economy. a. Ensure a strong match between job skills among the population and present and future needs of employers. b. Partner with organizations to enhance educational opportunities for youth from pre-K to Grade 12. c. Partner with organizations that offer internships, co-ops, apprenticeships, continuing education, and other job training programs. 5 Tax Increment Financing (“TIF”) District The South Bend Redevelopment Commission may implement the use of TIF within a redevelopment area pursuant to state law (I.C. 36-7-14). TIF districts target blighted areas in order to transform them into viable areas making the community more appealing and attractive for economic development, which creates a better quality of life for the districts’ residents. TIF districts are powerful and effective tools that may provide financing for infrastructure improvements within redevelopment projects which may, in turn, entice market dollars back into abandoned and dilapidated areas. The lifespan of a TIF district varies based upon the time of its creation. TIF creates revenues for improvements without raising taxes, offers incentives for businesses and developers, and builds communities. TIF works by capturing additional property tax revenue due to the revitalization of a designated area. The assessment rate of the year in which the TIF is established is used as the base year, and tax revenues generated due to the increase in assessment over the base year assessment of properties within the TIF district are set aside for use in that TIF district. Thus, no new taxes or increases in tax rates occur, rather TIF funds are generated when property values improve due to the overall improvement of the TIF district. Statutory Findings The South Side Development Area Plan meets the following required findings by the Redevelopment Commission pursuant to State Law (36-7-14-15(a)): 1. The South Side Development Area is an area in the territory under its jurisdiction and is an area needing redevelopment; 2. The conditions described in state law (I.C. 36-7-1-3) cannot be corrected in the South Side Development Area by regulatory processes or the ordinary operations of private enterprise without resorting to state law (I.C. 36-7-14); 3. The public health and welfare will be benefitted by the amendment of the resolution or plan, or both, for the South Side Development Area; and 4. The amendment is reasonable and appropriate when considered in relation to the original resolution or plan for the South Side Development Area and the purposes of state law (I.C. 36-7-14); and 5. The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. Acquisition of Real Property in the South Side Development Area In connection with the accomplishment of this South Side Development Plan, the South Bend Redevelopment Commission shall include all parcels with the boundaries set forth above on the acquisition list attached as Appendix C and shall follow the procedures set forth in state law (I.C. 36-7-14-19 or I. C. 36-7-14-19.5). 6 Procedure for Amendment of the South Side Development Area Plan The South Side Development Area Plan may be amended by resolution of the South Bend Redevelopment Commission in accordance with state law (I.C. 36-7-14-17.5). Any change affecting any property or contractual right may be made only in accordance with applicable state and local laws. 7 APPENDIX 8 Appendix A – MAP OF DEVELOPMENT AREA BOUNDARY Provides boundary, streets, public improvements per IC 36-7-14-15(b)(1) 9 Appendix B – LEGAL DESCRIPTION A PARCEL LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 26, AND A PART OF SOUTHEAST QUARTER OF SECTION 23 AND A PART OF THE WEST HALF OF SECTION 24, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, CENTRE TOWNSHIP AND PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF CHIPPEWA AVENUE AND THE WEST RIGHT- OF-WAY LINE OF THE NOW ABANDON PENN CENTRAL RAILROAD LOCATED IN THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTHEASTERLY AND NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EWING AVENUE; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF EWING STREET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF PARCEL OF GROUND WITH TAX KEY NUMBER 18-8012- 056702 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE AND IN A NORTHWESTERLY AND NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID PARCEL OF GROUND AND THE WESTERLY LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8012-056701 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF CALVERT STREET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY AND CROSSING MAIN STREET (99 FT. WIDE) TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF- WAY OF SAID MAIN STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8010-0453 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-8010-0455 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, SAID PARCEL CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF A 14 FT. WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, SAID NORTHEAST CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE IN A SOUTHEASTERLY DIRECTION CROSSING SAID MICHIGAN STREET (99 FT. WIDE) TO A POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID MICHIGAN STREET WITH THE SOUTH RIGHT-OF-WAY LINE OF CALVERT STREET; THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF MICHIGAN STREET TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DUBAIL STREET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID DUBAIL STREET TO THE NORTHWEST CORNER OF LOT # 57 IN THE PLAT OF “OAK PARK 2ND ADDITION” AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE; THENCE NORTH CROSSING SAID DUBAIL STREET (70 FT. WIDE), 70 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF LOT # 8 IN SAID PLAT; THENCE NORTH ALONG THE WEST LINE OF SAID LOT, TO THE NORTHWEST CORNER OF SAID LOT; THENCE EAST ALONG THE SOUTHERLY LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7052-1980 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE, 63 FEET MORE OR LESS AND NORTH 11.56 FEET MORE OR LESS AND EAST 69 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL OF GROUND; THENCE CONTINUING EAST CROSSING MIAMI STREET (60 FT. WIDE) TO THE NORTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7083-3034 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE CONTINUING EAST ALONG THE NORTH LINE OF SAID PARCEL AND ITS’ EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF A 12 FT. WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 12 FEET MORE OF LESS EAST OF THE SOUTHEAST CORNER OF SAID PARCEL WITH TAX KEY NUMBER 18-7083-3034; THENCE WEST 12 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF LOT # 10 IN THE PLAT OF “MIAMI ADDITION” AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE, SAID LOT CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF A 14 FT. WIDE NORTH- SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF LOT # 266 IN THE PLAT OF “SOUTH-EAST ADDITION 3RD REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY CROSSING FOX STREET (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT # 26 IN THE PLAT OF “DEMLER’S 2 ND SURVEY” AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF A 14 FT. WIDE 10 NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 14 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF LOT # 12 IN THE PLAT OF “MIAMI HEIGHTS” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 14 FEET MORE OR LESS TO SAID SOUTHEAST LOT CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT, SAID LOT CORNER BEING ON THE EAST RIGHT-OF-WAY LINE OF MIAMI STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 60 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF LOT # 3 IN THE PLAT OF “WEIDLER’S 1ST ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 60 FEET MORE OR LESS TO SAID SOUTHEAST LOT CORNER; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF A 14 FT. WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF EWING STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF EWING STREET TO THE FIRST NORTH-SOUTH PROPERTY LINE LOCATED EAST OF MICHIGAN STREET; THENCE SOUTH ALONG SAID FIRST NORTH-SOUTH PROPERTY LINE TO THE NORTH RIGHT-OF-WAY LINE OF ALTGELD STREET; THENCE EAST ALONG SAID ALTGELD STREET, A DISTANCE OF 5 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE FIRST ALLEY EAST OF MICHIGAN STREET PROJECTED NORTH; THENCE SOUTH ALONG SAID WEST RIGHT- OF-WAY LINE AND ITS PROJECTION TO THE SOUTH RIGHT-OF-WAY LINE OF DONMOYER AVENUE; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF ST. JOSEPH STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY LINE OF FARNEMAN STREET; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE FIRST ALLEY LOCATED EAST OF MICHIGAN STREET PROJECTED NORTH; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE AND ITS PROJECTION NORTH TO THE NORTH RIGHT-OF-WAY LINE OF JENNINGS AVENUE; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE FIRST ALLEY LOCATED EAST OF MICHIGAN STREET PROJECTED NORTH; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE AND ITS PROJECTION TO THE SOUTH RIGHT-OF-WAY LINE OF CHIPPEWA AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY LINE OF BARBIE STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE WEST LINE OF LOT # 56 IN THE PLAT OF “ZOOK'S FIRST SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY, PROJECTED NORTH; THENCE SOUTH ALONG SAID WEST LINE OF SAID LOT # 56 AND ITS PROJECTION TO THE SOUTHWEST CORNER OF SAID LOT # 56; THENCE EAST ALONG THE SOUTH LINE OF SAID “ZOOK'S FIRST SUBDIVISION” TO THE EAST RIGHT-OF-WAY LINE OF FELLOWS STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTH LINE OF LOT # 75 IN SAID “ZOOK'S FIRST SUBDIVISION”; THENCE EAST ALONG SAID NORTH LINE TO THE EAST LINE OF SAID “ZOOK'S FIRST SUBDIVISION”; THENCE NORTH AND NORTHEASTERLY ALONG SAID EAST LINE TO THE NORTH LINE OF THE ERSKINE GOLF COURSE PARCEL; THENCE EAST ALONG THE NORTH LINE OF SAID ERSKINE GOLF COURSE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7138-493302 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE IN A GENERALLY NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID PARCEL AND THE WESTERLY LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 18-7138-493301 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE TO THE NORTH LINE OF SAID PARCEL 18-7138-493301; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE PLAT OF “MIAMI HILLS ADDITION” AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER’S OFFICE; THENCE SOUTH ALONG SAID WEST PLAT LINE TO A POINT OF INTERSECTION WITH THE ERSKINE GOLF COURSE NORTH PROPERTY LINE, PARCEL TAX KEY NUMBER 18-7164-5777 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF SAID PARCEL, SAID PARCEL CORNER ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MIAMI STREET; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF ALPINE DRIVE PROJECTED WEST; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS PROJECTION TO THE EAST LINE OF LOT “A” IN THE PLAT OF “BROADMOOR SECTION 3 REVISED PLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY TO THE NORTHEAST CORNER OF LOT # 254 IN SAID PLAT; THENCE EAST AND NORTHEASTERLY TO THE NORTHEAST CORNER OF LOT # 247 IN SAID PLAT; THENCE SOUTHEASTERLY TO THE SOUTHWEST CORNER OF SAID LOT # 246 AND BEING ON THE NORTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE THENCE EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF IRELAND ROAD TO THE EAST LINE OF THE PLAT OF “BROADMOOR SECTION 6” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH ALONG SAID EAST LINE TO THE SOUTH LINE OF LOT # 472 IN SAID “BROADMOOR SECTION 6” PLAT; THENCE EAST ALONG SAID SOUTH LINE OF LOT # 472 AND THE SOUTH LINES OF LOTS # 10 AND # 9 IN THE PLAT OF 11 “IRELAND WOODS, SECTION ONE” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTHEASTERLY ALONG THE SOUTH LINES OF LOTS # 8 AND # 7 IN SAID PLAT AND THE SOUTHERLY LINE OF LOTS “A” AND “B” IN THE PLAT OF “A. J.’S REPLAT” AS RECORDED IN THE RECORDS OF SAID COUNTY AND THE SOUTHERLY LINE OF LOT # 4 IN SAID PLAT OF “IRELAND WOODS, SECTION ONE”; THENCE EAST ALONG THE SOUTH LINE OF LOTS # 3, # 2, # 1 IN SAID PLAT AND LOT # 71AA IN THE PLAT OF “IRELAND WOODS, SECTION THREE” AS RECORDED IN THE RECORDS OF SAID COUNTY TO THE EAST LINE OF SAID LOT # 71AA; THENCE NORTH ALONG SAID EAST LINE OF LOT # 71AA, AND THE EAST LINES OF OUTLOT “B” IN THE PLAT OF “IRELAND WOODS, SECTION TWO, PART TWO” AS RECORDED IN THE RECORDS OF SAID COUNTY AND LOTS # 69 AND # 68 IN THE PLAT OF “IRELAND WOODS, SECTION TWO, PART ONE” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST ALONG THE NORTH LINE OF SAID LOT # 68, A DISTANCE OF 181 FEET; THENCE NORTH 20 FEET; THENCE WEST 35 FEET; THENCE NORTH ALONG THE EAST LINE OF LOTS # 67, # 52 AND # 51 IN SAID PLAT OF “IRELAND WOODS, SECTION TWO, PART ONE” TO THE SOUTH LINE OF THE PLAT OF “MEADOW VIEW SECOND ADDITION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG SAID SOUTH LINE TO THE WEST LINE OF A 1.187 ACRE PARCEL OF LAND; THENCE SOUTHEASTERLY ALONG SAID WEST LINE TO THE NORTH LINE OF A 2.577 ACRE PARCEL OF LAND; THENCE WEST ALONG SAID NORTH LINE TO THE WEST LINE OF SAID 2.577 ACRE PARCEL; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID 2.577 ACRE PARCEL; THENCE EAST ALONG SAID SOUTH LINE TO THE WEST RIGHT-OF-WAY LINE OF IRONWOOD ROAD; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTH LINE OF THE PLAT OF “RUBY PLAZA MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY PROJECTED WEST; THENCE EAST ALONG SAID NORTH LINE AND ITS PROJECTION TO THE EAST LINE OF SAID PLAT OF “RUBY PLAZA SUBDIVISION”; THENCE SOUTH ALONG SAID EAST LINE TO THE NORTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE EAST ALONG THE NORTH RIGHT-OF- WAY LINE OF IRELAND ROAD TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF HEMLOCK ROAD; THENCE SOUTHERLY CROSSING SAID IRELAND ROAD 70 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT # 1 OF THE PLAT OF “STONER’S MINOR SUBDIVISION” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT # 1 AND THE EAST LINE OF A PARCEL OF GROUND WITH TAX KEY NUMBER 26- 1034-058202 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF THE ST. JOSEPH VALLEY PARKWAY (A.K.A. U.S. # 31 BY- PASS); THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE WEST LINE OF SAID PARCEL WITH TAX KEY NUMBER 26-1034-058202; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND WITH TAX KEY NUMBER 26-1167-6171 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR’S OFFICE; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS’ WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF QUEENSBORO STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE EAST RIGHT- OF-WAY LINE OF IRONWOOD ROAD; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTH RIGHT- OF-WAY LINE OF THE U.S. 20 BYPASS; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE EAST LINE OF THE PLAT OF “SCOTTSDALE ADDITION, SECTION “C””, AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE NORTH ALONG SAID EAST LINE AND THE EAST LINE OF THE PLAT OF “SCOTTSDALE ADDITION, SECTION “B”” AS RECORDED IN THE RECORDS OF SAID COUNTY, TO THE SOUTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF THE SCOTTSDALE ADDITION SECTION A; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE U.S. 20 BYPASS; THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF YORK ROAD; THENCE SOUTHEASTERLY ALONG SAID EAST LINE 213.26 FEET (ASSUMED) TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID U.S. 20 BYPASS; THENCE EAST ALONG SAID SOUTH LINE 540.73 FEET (ASSUMED) TO THE NORTHWEST CORNER OF LOT # 308 IN THE PLAT OF “SCOTTSDALE ADDITION SECTION “D”” AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT # 308 AND THE WEST LINES LOTS # 307 TO LOT # 301 IN SAID PLAT AND CROSSING THORNHILL DRIVE (60 FT. WIDE) TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID THORNHILL DRIVE; THENCE ALONG SAID SOUTH LINE IN A WESTERLY DIRECTION AND CROSSING YORK ROAD (70 FT. WIDE) TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID YORK ROAD; THENCE ALONG SAID WEST LINE IN A NORTHWESTERLY DIRECTION TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID U.S. 20 BYPASS; THENCE IN A WESTERLY DIRECTION FOR THE NEXT THREE (3) COURSES ALONG SAID SOUTH LINE, WESTERLY 812.84 FEET (ASSUMED), SOUTH 14.05 FEET (ASSUMED) AND WESTERLY 59.46 FEET (ASSUMED) TO 12 A POINT OF INTERSECTION WITH THE WEST LINE OF SAID PLAT OF “SCOTTSDALE ADDITION SECTION “D”” AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE SOUTH ALONG THE WEST LINE OF SAID PLAT 507.7 FEET (ASSUMED); THENCE WEST TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE U.S. 20 BYPASS; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO THE EAST RIGHT-OF-WAY LINE OF MIAMI STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF JACKSON ROAD; THENCE WEST TO THE WEST RIGHT-OF-WAY LINE OF MIAMI STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF- WAY LINE TO THE SOUTH RIGHT-OF-WAY LINE OF SAID U.S. 20 BYPASS; THENCE WEST ALONG SAID SOUTH RIGHT- OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF FELLOWS STREET PROJECTED SOUTH; THENCE WESTERLY, SOUTHWESTERLY, AND SOUTHERLY TO THE SOUTH RIGHT-OF-WAY LINE OF JACKSON ROAD; THENCE WEST TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID U. S. 20 BYPASS; THENCE NORTHERLY, NORTHWESTERLY, AND WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF THE U. S. 20 BYPASS TO THE EASTERLY RIGHT-OF-WAY LINE OF THE NOW ABANDON PENN CENTRAL RAILROAD LOCATED IN THE SOUTH HALF OF SAID SECTION 26; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF SAID ABANDON PENN CENTRAL RAILROAD; THENCE NORTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE PLACE OF BEGINNING. 13 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST Property Address Parcel ID Owner of Record Unimproved Parcel 018-7031- 1212 PALMER SUE A 1702 S MICHIGAN ST 018-7031- 1214 SAYLOR SR FAMILY TRUST WALTER SAYLOR SR & SHARON L SAYLOR AS TRUSTEES 110 E DUBAIL AVE 018-7031- 1216 PTD PROPERTIES INC Unimproved Parcel 018-7031- 1217 PTD PROPERTIES INC PROBLEM DEED 1708 S MICHIGAN ST 018-7031- 1218 HERNANDEZ ALEJANDRO SEE TRANSFER NOTE 235 E CALVERT ST 018-7034- 1306 YABUT CAESAR 232 E MILTON ST 018-7034- 1307 BEYOND HOLDINGS LLC 231 E CALVERT ST 018-7034- 1308 SB HOLDINGS LLC 230 E MILTON ST 018-7034- 1309 DOULOS CHAPEL INC 229 E CALVERT ST 018-7034- 1310 HARRIS JERRY 225 E CALVERT ST 018-7034- 1311 SLM MANAGEMENT LLC 224 E MILTON ST 018-7034- 1312 HARRIS JERRY 223 E CALVERT ST 018-7034- 1313 GARRETT CARMEN D. AND ROY THOMAS RITCHIE, JR. MISC 221 E CALVERT ST 018-7034- 1314 QUALITY HOMES HOLDINGS LLC 219 E CALVERT ST 018-7034- 1315 QUALITY HOMES HOLDINGS LLC 217 E CALVERT ST 018-7034- 1316 WIGFALL CARMEN BELINDA 214 E MILTON ST 018-7034- 1318 MARQUEZ DANIELA 213 E CALVERT ST 018-7034- 1319 LARA PROPERTIES CORPORATION 212 E MILTON ST 018-7034- 1320 BEYOND HOLDINGS LLC 14 211 E CALVERT ST 018-7034- 1321 LARA MARIANA 206 E MILTON ST 018-7034- 1322 BEYOND HOLDINGS LLC 207 E CALVERT ST 018-7034- 1323 KOPOLOVITCH AMOS & IRINA BABIV 132 E MILTON ST 018-7034- 1327 THOMAS MARGARET L 129 E CALVERT ST 018-7034- 1328 BROWN JAMES JR & TERESA BROWN 128 E MILTON ST 018-7034- 1329 FRANCO PABLO 119 E CALVERT ST 018-7034- 1330 HERNANDEZ MIGUEL 126 E MILTON ST 018-7034- 1331 MARTINEZ CARLOS 117 E CALVERT ST 018-7034- 1332 MONIQUE INC 122 E MILTON ST 018-7034- 1333 BH INVESTMENTS LLC 115 E CALVERT ST 018-7034- 1334 EVANS WENDY 116 E MILTON ST 018-7034- 1335 PERRY EDDIE C 113 E CALVERT ST 018-7034- 1336 CERVANTES NOE S & MARINA 1836 S MICHIGAN ST 018-7034- 1341 MATTHEOS PETE 1902 S MICHIGAN ST 018-7034- 1360 AL-KHALIL MOHDJAMAL & ALBUQEIRAT NESREEN HASSAN 1910 S MICHIGAN ST 018-7034- 1361 SENOUR JON P 1827 S FELLOWS ST 018-7035- 1362 BUENO PABLO & CONSUELO 407 E CALVERT ST 018-7035- 1365 ANNIS JUDY K 405 E CALVERT ST 018-7035- 1366 ANNIS JUDY K SEE TRANSFER NOTE 402 E MILTON ST 018-7035- 1367 ANNIS JUDY K 401 E CALVERT ST 018-7035- 1368 ANNIS JUDY K 314 E MILTON ST 018-7035- 1369 EWING HOLDING LLC 313 E CALVERT ST 018-7035- 1370 CHAPMAN RICHARD L 15 Unimproved Parcel 018-7035- 1371 DEWULF JUILIE S Unimproved Parcel 018-7035- 1372 TAYLOR FANNIE MAE Unimproved Parcel 018-7035- 1373 ATKINS SAVILLE 2202 S MICHIGAN ST 018-7035- 1405 KROLL SAM J 2206 S MICHIGAN ST 018-7035- 1406 KROLL SAM J & MARY A 2212 S MICHIGAN ST 018-7035- 1407 CLEAR CHOICE RENTALS LLC 2222 S MICHIGAN ST 018-7035- 1408 DMT SOUTH MICHIGAN LLC Unimproved Parcel 018-7035- 140801 DMT SOUTH MICHIGAN LLC Unimproved Parcel 018-7042- 1653 KAMBOJ INC 1716 S 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AND JULIANA M 1914 MIAMI ST 018-7060- 2239 LEFTA LLC 17 1026 E BOWMAN ST 018-7061- 2257 FLORES JOSE MIGUEL & DOMINGUEZ GEORGINA P 2001 MIAMI ST 018-7061- 2258 MENDEZ JAVIER & DEBORAH LYNNE 2007 MIAMI ST 018-7061- 2259 MENDEZ JAVIER & DEBORAH LYNNE 2009 MIAMI ST 018-7061- 2260 HORRALL DENNIS LIVING TRUST 1/2INT AND HORRALL JANUS V LIVING TRUST 1/2INT BOTH W HORRALL DENNIS AND JANUS V AS TRUSTEES 2002 MIAMI ST 018-7062- 2281 LIVING WORD COMMUNITY CHURCH INC 2006 MIAMI ST 018-7062- 2282 CRISS REINHARDT G 2010 MIAMI ST 018-7062- 2283 WEST DUSTIN Unimproved Parcel 018-7062- 2295 GLOBAL SIGNAL ACQUISITIONS LLC 2018 MIAMI ST 018-7062- 2296 MARQUEZ OLIVIA 2022 MIAMI ST 018-7062- 2297 REED BOBBIE J SEE TRANSFER NOTE 2102 MIAMI ST 018-7063- 2309 HUSZAR REAL ESTATE LLC 2108 MIAMI ST 018-7063- 2310 CAPITAL HOUSING LLC 2112 MIAMI ST 018-7063- 2311 ROBUST ENTERPRISES LLC 2114 MIAMI ST 018-7063- 2312 LEE SUSAN 2120 MIAMI ST 018-7063- 2313 AUSTIN INDIANA HOLDINGS LLC 2122 MIAMI ST 018-7063- 2314 J & R ENTERPRISES GENERAL PARTNRSHP 2202 MIAMI ST 018-7064- 2337 LOCKE DANIEL W AND KAREN S 1112 E FOX ST 018-7064- 2338 AUSTIN INDIANA HOLDINGS LLC 1108 E FOX ST 018-7064- 233801 HUBER FAMILY TRUST 2206 MIAMI ST 018-7064- 2339 DUFFIN DAVID H SEE TRANSFER NOTE Unimproved Parcel 018-7064- 2341 CONROY PATRICK J & VENEGAS ELSA 2210 MIAMI ST 018-7064- 2352 CONROY PATRICK J & VENEGAS ELSA 18 2216 MIAMI ST 018-7064- 2353 COOK THOMAS 2226 MIAMI ST 018-7064- 2354 SUAREZ FEDERICO 1730 MIAMI ST 018-7065- 2365 SHAFFER LUANN 1105 E DAYTON ST 018-7065- 2366 MOODY KEITH 1109 E DAYTON ST 018-7065- 2367 HEILMAN CAROL A 1802 MIAMI ST 018-7065- 2379 SEESE PATRICK M 1106 E DAYTON ST 018-7065- 2380 STICKEL JAMES T 1110 E DAYTON ST 018-7065- 2381 MFB LLC 1808 MIAMI ST 018-7065- 2382 MUNGUIA OLIVIA 1810 MIAMI ST 018-7065- 2383 GERSCHOFFER VIVIAN J 1814 MIAMI ST 018-7065- 2384 ERIN REAL ESTATE INC 1818 MIAMI ST 018-7065- 2405 HUGHES JAMES K & PENNY D Unimproved Parcel 018-7065- 2406 HUGHES JAMES K & PENNY D 1110 E MILTON ST 018-7065- 240601 GO INVEST ONE LLC SUB SERIES 5 2013 MIAMI ST 018-7066- 2431 BERGER GIDEON AND NOEMI 1025 E DONALD ST 018-7066- 2432 BECCUE ALISHA R 2019 MIAMI ST 018-7066- 2433 UNDERWOOD RONALD 2023 MIAMI ST 018-7066- 2434 TOEPP MARILYN A 1034 E DONALD ST 018-7066- 2448 SCHIFFMAN REAS ESTATE LLC 2105 MIAMI ST 018-7066- 244901 SCHIFFMAN REAL ESTATE LLC Unimproved Parcel 018-7066- 2451 SCHIFFMAN REAL ESTATE 2113 MIAMI ST 018-7066- 2466 WRAY JAMES & DEBRA 2121 MIAMI ST 018-7066- 2468 WRAY JAMES & DEBBIE 19 1032 E FOX ST 018-7067- 2483 BAILEY TYRIA 2223 MIAMI ST 018-7067- 2502 ST JOSEPH COUNTY PUBLIC LIBRARY 2306 MIAMI ST 018-7122- 4327 LCS REALTY LLC 2314 MIAMI ST 018-7122- 4328 STEIN REALTY HOLDINGS LLC Unimproved Parcel 018-7122- 4329 STEIN REALTY HOLDINGS LLC 2303 MIAMI ST 018-7127- 4522 WOMENS OUTREACH MINISTRY INC 2305 MIAMI ST 018-7127- 4523 STITCH 'N TIME FABRICS LLC Unimproved Parcel 018-7127- 4524 STITCH 'N TIME FABRICS LLC 3353 S HIGH ST 018-7138- 493301 LURE OF THE ANIMAL LLC THE 1901 S MAIN ST 018-8010- 0451 RAP LLC 1902 S MAIN ST 018-8010- 0453 J & S ESTATES LLC 1901 S MICHIGAN ST 018-8010- 045501 MICHIANA PROPERTIES LLC 1907 S MICHIGAN ST 018-8010- 0456 MICHIANA PROPERTIES LLC 1912 S MAIN ST 018-8010- 0459 MICHIANA WHOLESALE FLORIST INC 1916 S MAIN ST 018-8010- 0460 RIVERA DIEGO FERNANDO ESTRADA 1911 S MICHIGAN ST 018-8010- 0461 MICHIANA PROPERTIES LLC. 1917 S MICHIGAN ST 018-8010- 0462 MICHIANA PROPERTIES LLC 1919 S MICHIGAN ST 018-8010- 0463 MICHIANA PROPERTIES LLC 1925 S MAIN ST 018-8010- 046601 RAP LLC 2001 S MICHIGAN ST 018-8010- 0468 MCDONALDS CORPORATION 2010 S MAIN ST 018-8010- 0476 OMARI PROPERTIES LLC Unimproved Parcel 018-8010- 047601 B & R INVESTMENTS L C % THOMAS RICHARDSON Unimproved Parcel 018-8010- 0479 FRANCHISE REALTY CORPORATION 20 2014 S MAIN ST 018-8011- 0481 MCDONALDS OF SB % FRANCHISE REALTY CORP 2021 S MICHIGAN ST 018-8011- 0485 BR ASSOCIATES INC 2020 S MICHIGAN ST 018-8011- 0488 OMARI KHALED Unimproved Parcel 018-8011- 048801 BR ASSOCIATES INC 2025 S MAIN ST 018-8011- 0489 RAP LLC 1927 S MAIN ST 018-8011- 048901 RAP LLC 2029 S MICHIGAN ST 018-8011- 0491 OMARI KHALED 2031 S MICHIGAN ST 018-8011- 0495 SPITE ANDREW J REV TRUST SPITE ANDREW J RES LIFE EST 2105 S MICHIGAN ST 018-8011- 0502 SPITE ANDREW 2107 S MICHIGAN ST 018-8011- 0503 JD REAL ESTATE PROPERTIES 112 W DONALD ST 018-8011- 0505 ONEAL JULIUS III & GISZEL 2119 S MICHIGAN ST 018-8011- 0506 LOPEZ DIONISIO 2125 S MICHIGAN ST 018-8011- 0508 GRUBBS THOMAS L & LINDA K 2206 S MAIN ST 018-8011- 0510 HAYNES GARRISON C AND HELEN K 2201 S MICHIGAN ST 018-8011- 0511 LIN YOU JI 2212 S MAIN ST 018-8011- 0513 2218 SOUTH MAIN LLC 2207 S MICHIGAN ST 018-8011- 0514 POPPY HOLDINGS LLC Unimproved Parcel 018-8011- 0516 2218 SOUTH MAIN LLC 2211 S MICHIGAN ST 018-8011- 0517 ROSE LAND & FINANCE CORP 2215 S MAIN ST 018-8011- 0518 SOUTH MAIN REAL ESTATE LLC 2214 S MAIN ST 018-8011- 0519 2218 SOUTH MAIN LLC 2213 S MICHIGAN ST 018-8011- 0520 OVERGAARDS ARTCRAFT PRINTERS INC Unimproved Parcel 018-8011- 0522 2218 SOUTH MAIN LLC 21 2218 S MAIN ST 018-8011- 0523 2218 SOUTH MAIN LLC 2219 S MICHIGAN ST 018-8011- 0524 GRUBBS THOMAS L & LINDA K 2221 S MAIN ST 018-8011- 0525 SOUTH MAIN REAL ESTATE LLC 2224 S MAIN ST 018-8011- 0526 POST OFFICE BOX LLC 111 W EWING AVE 018-8011- 0527 J D REAL ESTATE PROPERTIES INC 2221 S MICHIGAN ST 018-8011- 0528 GRUBBS THOMAS L Unimproved Parcel 018-8011- 0529 HALL MITCHELL SEE TRANSFER NOTES Unimproved Parcel 018-8011- 0530 HALL MITCHELL SEE TRANSFER NOTES 122 W DONALD ST 018-8011- 0531 THAUMATURGUS INC 120 W DONALD ST 018-8011- 0532 NIEB JEFFERY 116 W DONALD ST 018-8011- 0533 LE GONG-YIN 208 W CALVERT ST 018-8012- 056701 RAP LLC Unimproved Parcel 018-8012- 056701A RAP LLC Unimproved Parcel 018-8012- 056702 RAP LLC 17802 E IRELAND RD 026-1034- 058202 DRIVE AND SHINE DEVELOPMENT INC 17716 E IRELAND RD 026-1034- 058203 DRIVE AND SHINE DEVELOPMENT INC 17830 E IRELAND RD 026-1167- 6171 DRIVE AND SHINE DEVELOPMENT INC 22 Appendix D – DEVELOPMENT AREA PLAN DOCUMENTS The following plans cover all or some of the South Side Development Area and provide further details on the activities, goals, and objectives within it: CITYWIDE PLANS  Bike South Bend 2010-12 Plan (2010)  South Bend Comprehensive Plan (City Plan) (2006)  Housing and Community Development Plan (2009) NEIGHBORHOOD PLANS  Southeast Neighborhood Master Plan (2015) LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dtrect, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN! 3-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6,2019 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building MAY 0 6 20;1SouthBend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: Northeast Corner of Corby Boulevard and Eddy Street APC# 2899-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The property is requesting to be rezoned to allow for a four-story mixed use building, with offices on the first three floors, and two residential units on the fourth floor. If you have any questions,please feel free to contact our office. Si erely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W STJOSEPHCOUNTYINDIANA.C O M/A R E A PL A N BILL NO. 12-19 - DISTRICT NO. 4 (COUNCILMEMBER JO M. BRODEN) BILL NO. 12-19 ORDINANCE NO. ___________ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from MU Mixed Use District and SF2 Single Family & Two Family District to MU Mixed Use District.. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN ME. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, AND A PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REP LAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY 308.60 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE (3) COURSES, NORTH 55°44'39" WEST 60.95 FEET; THENCE NORTH 55°27'29" WEST 140.56 FEET; THENCE NORTH 13°13'55" WEST 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET, WITH A RADIUS OF 1400. 00 FEET, WITH A CHORD BEARING OF NORTH 41°11 '39" EAST, WITH A CHORD LENGTH OF 175.83 FEET, AND NORTH 00°38'28" WEST 16.94 FEET, AND NORTH 46°08'54" EAST 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET,· THENCE NORTH 89°21'26" EAST ALONG SAID SOUTH RIGHT-OF- WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS' EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: ________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2019, at _______ o’clock ___. m. __________________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2019, at ___ o’clock ___.m. __________________________________________ Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Vacant Property at the Northeast corner Corby Boulevard and South Bend Avenue, South Bend, IN 46617 2) The property Tax Key Number(s) is/are: 018-5094-3319; 018-5094-3326; 018-5094-3327; 018-5094-3328 3) Legal Descriptions: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN M.E. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, ANDA PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REPLAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57"EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY, 308.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE(3) COURSES, NORTH 55°44'39" WEST, 60.95 FEET; THENCE NORTH 55°2729"WEST, 140.56 FEET; THENCE NORTH 13°13'55" WEST, 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET WITHA RADIUS OF 1400.00 FEET, WITHA CHORD BEARING OF NORTH 41°11'39"EAST, WITHA CHORD LENGTH OF 175.83 FEET, AND NORTH 00°3828" WEST, 16.94 FEET;AND NORTH 46°08'54"EAST, 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET; THENCE NORTH 89°2126"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS'EASEMENTS, AND RESTRICTIONS OF RECORD. 4) Total Site Area: 0.64+/-Acres 5) Name and address of property owner(s)of the petition site: Five Corners LLC 814 Marietta Street 1-7-- South Bend, IN 46601 Filed in Clerk's Office Phone number with Area Code: 574-233-1296 1 E-Mail Address-N/A MAY 06 2019 Name and address of additional property owners, if applicable:N/A KAREEMAI 1 FOWLER CITY CLERK.SOUTH BEND. IN 6) Name and address of contingent purchaser(s), if applicable: FILED- OC 2019 Name and address of additional property owners, if applicable: AREA PLAN vA •lication#_ , S ION 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District MU Mixed Use District v To: MU Mixed Use District n,r 03 2019 8) This rezoning is requested to allow the following use(s): Professional Office Building&R: icklA1 J • OMMV SION A )lication#. : 7" t IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) 1). From maximum building height of 40 feet and three (3)stories to 63 feet andfour (4)stories. 2). From the required perimeter landscaping to proposed landscaping shown along public streets and public alley. 3). From the NNZO District maxinnumn building height of 60 feet to 63 feet. 4). From the NNZO District to allow parking 5 feet from the adjacent public streets. 5). From the NNZO District 15 ft. setback ofparking from building to a minimum of 9 feet. 6). From the NNZO District maximum 5 ft. building setback to 12 feet if required for utility placement. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The approval will not be injurious to the public health, safety, morals, and general welfare of the community because the proposed development is being done to be consistent with other mixed use developments in the Eddy Street Commons corridor area. The proposed building project will comply with all State and local codes. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The property to be rezoned lies within an established revitialization corridor where new mixed use developments have been approved. The existing property adjacent to the project site is vacant. It is hoped that the proposed mixed use development will spur additional growth both mixed use and residential in the neighborhood and along South Bend Avenue. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The proposed project site is unique in that it is bordered by public streets on the west and south and an existing public alley to the east. The project site was affected by the re-alignment of Corby Boulevard with Howard Street. The owners worked with the Department of Community Investment for site layout for the building and parking placement. The owners do not believe that asking for relief of the building height, building location, and parking location would adversely affect any adjacent property. There are other buildings to the north of the project site with the higher building heights than the maximum allowed 40 feet. The parking placement will be screened along both public streets and screening will be provided along the east property line to create a buffer from the residential zoning to the east. The perimeter landscaping will consist of deciduous overstory and ornamental trees to compliment the building and work with the proposed parking bays and required driveways. The request for parking setback from the building will allow for efficient parking layout without affecting any adjacent property. The request for the building setback is to allow for flexibility in case the City requires a larger setbackfrom existing utility infrastructure in the public rights-of-way. a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain hog'your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Danch, 1Harner Associates 1643 Commerce Drive South Bend. Li\'46628 574-234-4003 andanch danchharner.conn BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): OaAVA-› 00 2019 AREA PLAN COW iiSSION A..lication#_ LUanch, 1-larner Associates, lnc. Land Surveyors Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 E. Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of May 3,2019 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for the Northeast corner of South Bend Avenue&Corby Boulevard, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at Northeast corner of South Bend Avenue and Corby Boulevard, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new Four(4) Story Mixed Use Building which will contain professional office space and on the top floor residential units. This property is located at the Southern edge to the Eddy Street Commons development area. Our clients believe the proposed project development as proposed would be a compatible use in the surrounding mixed-use neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, arid Filed in Clerk's Office Michael J. Danch President Danch, Hamer& Associates, Inc. MAY 0 6 2019 I KAREENMAH FOWLER CITY CLERK,SOUTH BEND If'!j File No. 190105 "C"Md OG 2019 AREA PLAN iSlION Application 7 I E-c' c,, i ? H 13% Ci 03 14: CJ C3a) W. moii 4 Wd Pwl•sl i!3 Y sP l MaQSopslawad'' uoLf't_ D swaw6u3 Icuo_usalwd s.o.(onmg PwlG c O yU1`:414711''1000V40.181611fy'1P71116G 1 y" I w 3 m r__ Ci a a 4 U z '' V O w N Q 7. -, z Nw o pp C G O co w 2¢ - W = m f J N N J 4 N o Y 00 '1.7 NN J C;-', p O m O Q o w m p [e m m m2r- m a"' 4 0 N 4 W a O w 0 N z z tWr x O r ? Z W N W o. W a • U LL Q z 1 4 t Y n F H L'83 z a •. zQ O n o o - J . 1 —_ yNj WNo a.a.nm _ "%13- TE lY z w z Z Z m 0 U _ c a oton oEo W 3 Ln a Ooa co a N cdy O N G Milk * _ NNoSonOQ7 JI 0 5ZJ , D OJ 7 s _ ¢ w-.- rrp a Dsap a > ap p o ao 00we. = m o iw L wa • a o m a I t y Jai tea mo p v jN : w CiZ • F- Vl OZ .K ww Om ¢ a == Ka U U U (~JFIS"Q .. H p U w pN Z\ f.-2 as N N .~.. 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MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY- CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6, 2019 Filed in Clerk's Office Honorable Common Council MAY 0694thFloor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN RE: 3102 Mishawaka Avenue APC# 2896-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The rezone is being requested to remodel a duplex that was nonconforming. If you have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N BILL NO. 13-19- DISTRICT NO. 3 (COUNCILMEMBER SHARON L. MCBRIDE) Filed in Clerk's Office MAY 06 2019 ORDINANCE NO. r KAREEMAH FOWLER CITY CLERK. SOUTH BEND r" AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWAKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from OB Office Buffer District to MU Mixed Use District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT 1 FORDHAM ADDITION be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk BILL NO. 13-19 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Bend, Indiana PETITION FOR ZONE MAP AMENDI .1T City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address es) - if none, give the general location with the nearest intersection X102.. 102S-. R&SIvc aka vette, trXttAtefid, (N l 2) The property Tax Key Number(s) is/are: Enter property tax key number(s) 0t8- Go57- t9a 3) Legal Descriptions: Enter full legal description APR klieg, lD`T ;05' 2U -OO I•-a • k.Ls . r0-?, ) 45 5ft o -fire redo z, t 4) Total Site Area: Enter total acres to be rezoned '` i Tai n t'' kr'i tt-% 11(1, ° m 11` amegecaj: ., r •o0 V1Q.ZD, ( .^ivi. 'Vic • 5) Namef address of property owner(s)of the petition site: 1 ik' c , Irdiau w , 'fit Name 1 ,Zi . % t H;! COU, , i ma,.I Address V9 % `H,.. Neigi City, State Zip Code I• :) IN L.(.0(o I Phone number with Area Code -4,r t E-Mail Address Vlel.G "Au Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name Filed in Clerk's Office Address I City, State Zip Code I MAY 06 1019PhonenumberwithAreaCode E-Mail Address KAREEMIAH f ovVLER CITY CLERK,SOUTH BEND INNameandaddressofadditionalpropertyowners, if applicable: j 7) It is desired and requested that this property be rezoned: y From: Choose current zoning district Additional zoning district, if applicable OF `^U To: Choose proposed zoning district RUR 8) This rezoning is requested to allow the following use(s): Insert intended use(s) 2..4 \i 3lN4U, 9) Provide a brief and descriptive narrat•ve of the& i1It( cproposed project: i Z. Insert narrative '• t r AR 1I 2019 AREA PLAN COMMISSION IF VARIANCE(S) ARE BEING REQUESTED(if not, please skip to next section): Apphcauon 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): I) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name Address ttg we City, State Zip Code 11\1 AL&I Co Phone number with Area Code `}. Z L - ' a, E-Mail Addresstj, d . ( BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Sign. .• s) 41r r:,.,3. ner(s • _'_. - ure of Attorney for all property owner(s): 1ZR- I ca 1 2019 AREA PLAN C iy °SIO A -i,cation#' Y1 . E o I.j 50,-8‘,3JI a` 11 j 4 " i• ?'aU a i'. i i t 5 o nfis 1 r G bt t N oq 1;3317,1-, . t , 4 I 1• - 0 , a ata c , , q }, mo o. <is;?4 II ..S{1 era! to 1!.- ,',':',',`.'7.,.27..":_::-...C t 1 10 1.. — oEI.....3 0 9:.Tl J,'ir A., N } " '1 ' L. I 0 j it f Y tm W i JJ.e ' („: 1!114 j j!45 - a a I ti q:-.1'.4' i t e w 1 I$.•• Jt 1 i ss.>J y 5'• .,,t w 1 r-1, z NY ' i y, .... t 1. i_I m 1,, 1 uwe3iVrJ , Ii .- 411..,,.'-- ..T t{ 01Lip-.1.7- of t 1.,=-,',.-,"I ti iiril ' ' 1. ate '1 1J li,'''''0 4Y .. . fz1 iI I t • h f r i i 5 i i Li I .i it, i; r 1 SII t t f 15.1 k r: LL i fr, 7 s-51-1,-'' i iF.i.v.t'LL - A I cT 2 4,. 'fg13 Y i:i' y 11 fir.. ,, tnI ob1 1, Eli `: m 0 w a i, r g 4 y i. ET) , CO ,j ls s q v g ory 2 .Iii r _ IL 1 i iii' 11- Ems_" Xi ', r=_-_ Z w CO 1 I H o C 8 II. Iii. 1t 3 - o LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235- 9571 May 6, 2019 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 YO6 20' 19 , KAREEMAH FOWLER RE: SF3 Zoning Ordinance Amendment CITY CLERK,SOUTH BEND,IN APC#2897-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. S' rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C OU N T Y IND IA N A.COM/A R E A P L A N BILL NO. 14-19 Filed in CierP'. 'C fiz BILL NO. 14-19 LVILERORDINANCENO. CITY CLERK,SOUTH EIEN+D {j l AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The ordinance does not facilitate development of missing middle"housing, units on the housing spectrum between detached single-family homes and mid-rise apartment buildings. Such housing can be built at a form and scale that is compatible with single-family neighborhoods, and it offers further housing choice and affordability. This ordinance would allow the construction of a mixture of single-family housing, multifamily housing of up to four units, and accessory dwelling units in walkable neighborhoods. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.02 (a) Establishment of Districts, is hereby amended as follows: 1) Districts—The following districts are hereby established for the corporate limits of the City of South Bend, and land within said areas shall be designated on the Official Zone Map by the following symbols: GENERAL USE DISTRICTS SYMBOL Residential Districts Single Family and Two Family SF1 Single Family and Two Family SF2 Residential Flex SF3 Multifamily -Urban Corridor MF 1 Multifamily - High Density MF2 Commercial/Mixed Use Districts Office Buffer OB Mixed Use MU Office 0 Local Business LB Community Business........................._. CB...._..............................._........... Central Business District CBD General Business GB Industrial Districts Light Industrial LI General Industrial GI Planned Unit Developments PUD Overlay and Special Use Districts HP, U SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, is hereby amended by adding a new Section 21-02.05 as follows: Section 21-02.05 SF3 Residential Flex District. Intent—The SF3 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in both core and outlying areas of the City. The following are typical characteristics of the SF3 district: primarily for single family dwellings and two family dwellings, allowing up to four units and the addition of accessory dwellings to help meet the demand for affordable, urban living; buildings with modest setbacks and inviting building frontages, primarily of stoops and porches,that create a consistent block face along smaller city blocks; detached garages accessed from an alley; and pedestrian-oriented scale with sidewalks and regularly spaced street trees. a) Permitted Uses. 1) Primary Uses. A) One (1)Single Family Dwelling. B) One (1) Two Family Dwelling. * C) One (1) Multifamily Dwelling with no more than four units. * D) Accessory Dwelling(see Section 21-02.05 (b) (14) for additional development standards). E) Residential Facility for the Developmentally Disabled. F) Residential Facility for the Mentally Ill. G) Child Care Home (that is used as the primary residence of the person who operates the child care home). H) Religious Use. I) Public Park—Active or Passive. J) Private Park—Passive. K) Schools, Public or Parochial. Conversions that add one or more dwelling units, other than an accessory dwelling, to an existing Single Family Dwelling or Two Family Dwelling shall require a special exception. 2) Special Exception Uses. A) Educational Use: Including but not limited to: Child Care Center; Child Care Ministry; College; Pre-school; Public Library; University. B) Governmental Use: Including but not limited to: Fire Station or Police Station. C) Miscellaneous: Including but not limited to: Bed& Breakfast. D) Public Facilities: Including but not limited to: Cemetery—with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot— Accessory; Private Park—Active. E) Recreation: Including but not limited to: Swimming Pool - private or public. F) Residential: Including but not limited to: Assisted Living; Group Home; Nursing Home. G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. 3) Accessory Uses—See Section 21-02.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-02.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations— See Section 21-02.11 (c)—Home Occupations. b) Development Standards. 1) Utilities—Connection to public water and public sanitary sewer facilities shall be mandatory for development in this district. 2) Minimum Lot Width— 15 feet. Access shall be from either a public street or an abutting alley; provided, however, if access is available from an alley which is open to traffic, there shall be no access from the public street. 3) Maximum Lot Coverage—60 percent. 4) Minimum Yards and Building Setbacks A) Front—a minimum front yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Primary Building: Residential Uses 10' 20' Primary Building: Nonresidential Uses 10' NA Accessory Building 20' NA B) Side—a minimum side yard shall be provided along all side lot lines as follows: Primary Building: Residential Uses—5' Primary Building: Nonresidential Uses—20' Accessory Building—5' A side setback is not required between attached dwellings. For the purposes of this regulation, no more than four dwellings, whether on one or more than one lot, shall be attached. C) Rear—a minimum rear yard shall be provided along all rear lot lines as follows: Primary Building—20' Accessory Building—5' D) Corner lots—On a corner lot,the Zoning Administrator shall determine which yard abutting a street shall be considered a front yard and which yard abutting a street shall be considered a side yard. The least width of any side yard along the side street lot line shall be 10 feet. 5) Maximum Building Height A) Primary Building—35', but not to exceed two and one-half(2 1/2) stories B) Accessory Building— 18'; provided, however, an accessory dwelling may be built to a maximum height of 24' if it is located at least 20' from the rear lot line of an abutting lot. 6) Landscaping— See Section 21-07.01 —Landscape Regulations. 7) Lighting—See Section 21-07.02—Lighting Regulations. 8) Signs—See Section 21-07.03 —Sign Regulations. 9) Parking—Off-street parking areas shall not be required for any use located in the SF3 District. Any off-street parking areas which are provided, even if not required, shall be developed in compliance with the design and construction standards set forth in Section 21-07.04—Off-Street Parking Regulations. 10) Loading— See Section 21-07.05 —Off-Street Loading Regulations. 11) Greenway Connection Required—If a subdivision abuts any portion of a greenway, a direct linkage from the subdivision to such greenway shall be provided. 12) Orientation. A) Primaryfacades shall be oriented toward the front lot line. B) The main entrance must be located on the front or side façade and be visible from the street. Additional entrances may be located on any façade. C) A walkway shall connect the sidewalk or driveway to the main entrance. 13) Development of Cottage Courts—More than one single family dwelling may be located on a lot when such dwellings are developed as a cottage court having no more than four primary dwellings. The Zoning Administrator shall determine whether a project qualifies as a cottage court. 14) Development Standards for Accessory Dwellings. A) The owner(s) of the lot upon which the accessory dwelling is located shall occupy at least one of the dwellings on the premises. B) Only one accessory dwelling is allowed per lot. C) The living area of an accessory dwelling shall be no more than 75% of the living area of the primary dwelling unit or 800 square feet, whichever is less. D) An attached accessory dwelling shall be set back at least 20 feet from the front façade of the primary building and must meet all required setbacks for a primary building. E) A detached accessory dwelling shall be located behind the rear façade of the primary building, shall be separated from other buildings by at least 10', and shall meet all required setbacks for an accessory building. F) A detached accessory dwelling shall not be taller in feet than the primary building on the lot and must meet all accessory height requirements. G) A detached accessory dwelling shall not be wider than 36 feet. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01 (b) Landscaping of Required Perimeter Yards and Residential Bufferyards, is hereby amended as follows: TABLE 21-07.01 -A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE/UOOB MU 0 LB CB CBD GB LI GI PUD SF1 (4) B B BBB B B C C C (2) SF2 (4) B B BBB B B C C C 2) SF3 (4) B B BBB B B C C C MF1 (4) A B BBB B B C C C (2) MF2 (4) A B BBB B B C C C (2) PUD (3) B B BBB B B C C C (2) 3) Landscaping of Required Residential Bufferyards for permitted non-residential uses in the SF1 Single and Two Family Residential Districts, SF2 Single and Two Family Residential District, SF3 Residential Flex District,MF1 Urban Corridor Multifamily District and MF2 High Density Multifamily District. Landscaping required in any portion of afront residential bufferyard, side residential bufferyard or rear residential bufferyard which is not occupied by improvements permitted in sub-Section"Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of Type A: Open. (Ord. No. 9653-06) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.03 (c) On-Premise Signs, is hereby amended as follows: c) On-Premise Signs: SF1, SF2, SF3, MF1 and MF2 Districts SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Dwelling, Accessory: A dwelling unit.,that is subordinate and incidental to Use-ef a primary building on the same lot An accessory dwelling may be detached or attached to the primary building_ SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 255-9571 May 6,2019 Filed in Clerk's C=f L;e Honorable Common Council 4th Floor, County-City Building MAY 06 2.G13 South Bend, IN 46601 KAREEMAH FOWL I CITY CLERK,SOUTH ED.:-..1.)"1 N RE: CBD Zoning Ordinance Amendment APC#2898-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Si erely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOU NTYIN DIANA C.O M,A R E A P t A N BILL NO. 15-19 Filed in Clerk's Office BILL NO. 15-19 AYO6 2019 ORDINANCE NO.KARE EIVIAT FOWCER CITY CLERK,SOUTH BENDe IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the CBD Central Business District has shown that development in this district is unable to meet its full potential through efficient use of sites and the incorporation of high quality design that supports a vibrant public realm. This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrian-oriented design. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use Districts, Section 21-03.06 CBD Central Business District, is hereby deleted and replaced with a new Section 21-03.06 as follows: Section 21-03.06 CBD Central Business District. Intent—The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a high intensity urban center for a multicounty region. The following are typical characteristics of the Central Business District: a mixture of mid-rise and high rise mixed-use developments, including a variety of compatible building types and urban uses; buildings with active building frontages set at or close to the sidewalk; and pedestrian-oriented scale with wide sidewalks, regularly spaced street trees, and amenities that create a walkable environment. a) Permitted Uses. 1) Primary Uses. A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School— Commercial, Trade or Business. C) Food Sales and Service: Including but not limited to: Bakery—Retail; Bar *; Cabaret—21 and Over *; Cabaret—Family; Convenience Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store—Retail; Manufacturing Retailers;Nightclub *; Restaurant—Fast Food; Restaurant—Family; Restaurant—Family with Lounge; Tavern *; Yogurt Store—Retail. D) Governmental Use: Including but not limited to: Governmental Offices; Post Office—without outdoor parking of delivery vehicles. E) Miscellaneous: Including but not limited to: Bed& Breakfast; Bus, taxi, or limousine terminal, without repair; Clinic (medical, dental or optometrists); Conference Center; Cottage Business/Residential; Electrical/ Electronics Repair; Hospital; Hotel; Laboratories; Mini (Self Storage) Warehouse, Internal Access; Print Shop; Publishing; Radio/ TV Stations (provided any antenna shall comply with the regulations for Communication/Utilities); Video Production Studios. F) Office/Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park—Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall *; Social Hall; Theater—indoor. J) Residential—In CBD Districts Located West of the St. Joseph River: Including but not limited to: Dwelling Units or Shared Housing— limited to (i) floors above the first floor or (ii) ground floor of the building if located behind another ground floor, non-residential permitted use; Convalescent Home; Nursing Home; Rest Home. K) Residential—In CBD Districts Located East of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units— limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home; Shared Housing. L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store;Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. M) Utilities: Including but not limited to: Roof-top Antenna. Controlled Use. See Section 21-08.02— Special Regulations for Controlled Uses for additional requirements. 2) Special Exception Uses. A) Automotive Uses: Including but not limited to: Automobile Repair— major; Automobile Repair—minor; Automobile Parts Sales (new); Automobile Sales & Service; Automobile Quick Oil Change Facility; Gasoline Service Station with minor repair(not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Tire and Auto Service Center. B) Food Sales & Service: Including but not limited to:; Restaurant— Drive In; Restaurant—Drive Through. C) Governmental Use: Including but not limited to: Post Office—with outdoor parking of delivery vehicles. D) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off- Track Pari-mutuel Wagering Facility *. E) Office/Professional Services: Including but not limited to: Financial Institution with drive-up or drive-through facilities. F) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. G) Recreation: Including but not limited to: Stadium; Arena. H) Residential (in CBD Districts located west of the St. Joseph River): Multifamily Dwellings; Group Residence. I) Residential (in CBD Districts located east of the St. Joseph River): Group Residence. J) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers; Any Ground Mount Antenna Installation. Controlled Use. See Section 21-08.02— Special Regulations for Controlled Uses for additional requirements. 3) Accessory Uses—See Section 21-03.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations— See Section 21-03.11 (c)— Home Occupations. b) Development Standards. 1) Minimum Project Width and Frontage - each project shall have a minimum lot width and frontage on a public street of 20 feet. 2) Yards and Building Setbacks: A) Front - afront yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All Other Streets: 0' 10' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i.For sites containing one building—in elevation view from the street frontage, at least eighty-five percent(85%) of the length of the façade of the building facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the length of the façade of the building facing a secondary street shall be located at or between the minimum setback and the maximum setback; ii. For sites containing multiple buildings—in elevation view from the street frontage, at least eighty-five percent(85%) of the visible facades of the buildings facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the visible facades of the buildings facing a secondary street shall be located at or between the minimum setback and the maximum setback; and, iii. Parking areas and interior access drives shall not be located in front of a line five (5) feet behind the front building line. If the lot does not have a building,parking areas and interior access drives shall have a minimum front setback of ten (10) feet. If a parking area or interior access drive is located less than fifteen 15) feet from the front lot line, it shall be screened by a compact row of shrubs/hedge plants planted three feet on-center 3' o.c.) immediately behind the front building line. Shrubs shall be at least twenty-four inches (24") at time of planting. B) Minimum Side Yard and Setback—Zero (0) feet, provided, however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. C) Minimum Rear Yard and Setback—The minimum rear yard and setback shall be as follows: i.Minimum Rear Yard- zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard—twenty (20) feet when not separated from a ground-floor residential use by a public alley. If separated from a ground-floor residential use by a public alley, no rear residential bufferyard is required. D) Minimum Yard and Setback from any lot line along the St. Joseph River or East Race—Fifteen(15) feet. 3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 —Landscape Regulations of this Ordinance and shall remain free from structures, except where expressly permitted below: A) Minimum Front Yards along limited access highways—may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas,provided that no portion of such area may be located closer to the right-of-way than fifteen(15) feet; or, signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures; B) Minimum Rear Residential Bufferyards—may include driveway connections to adjoining lots, or walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall otherwise be maintained as open space free,from buildings or structures. 4) Building Height. A) CBD Districts Located West of the St. Joseph River: i.Minimum Front Façade Height—in the elevation view from the street frontage, sixteen(16) feet. ii. Maximum Building Height—the lesser of one-hundred and fifty 150) feet or twelve (12) stories. B) CBD Districts Located East of the East Race Waterway: i.Minimum Front Façade Height—in the elevation view from the street frontage, sixteen (16) feet. ii. Maximum Building Height—the lesser of sixty (60) feet or five 5) stories. C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i.Minimum Front Façade Height—in the elevation view from the street frontage, sixteen(16) feet. ii. Maximum Building Height—no greater than one hundred fifty 150) feet. 5) Landscaping—See Section 21-07.01 —Landscape Regulations. 6) Lighting— See Section 21-07.02—Lighting Regulations. 7) Signs—See Section 21-07.03 —Sign Regulations. 8) Parking— See Section 21-07.04—Off-Street Parking Regulations. 9) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 10) Greenway Connection Required—If the lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. 11) Outdoor Operations—All uses and operations (except off-street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: A) Outdoor seating for restaurants, provided that such outdoor seating: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; and, ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards. B) Outdoor display or sales of merchandise: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards; iii. shall not exceed ten percent(10%) of the gross floor area of each non-related and separately operated use; iv. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and, v.shall be merchandise normally found within the on-premise business. C) Walk-up customer service windows or Automated Teller Machines ATM's), provided that such facilities are not free-standing and are set flush with the façade of the building. 12) Building Design and Orientation. A) Orientation. i.Primary facades shall be oriented to the front lot line. When on a corner lot, the primary facade shall be oriented to the primary street. ii. The primary building entrance shall be located on the front façade. B) Articulation and Activation. Front façades greater than fifty (50) feet in width shall provide articulation as follows: a.Vertical articulation, such as bays, columns, pilasters, recessed entries, awnings, or other architectural treatments, is required to visually break up the massing of the façade into segments no greater than 25 feet in width. b. Horizontal articulation, such as belt courses, cornice lines, entablatures, friezes, changes in materials or window patterns, recessed entries, awnings or canopies, or other architectural treatments, is required. ii. For commercial and mixed-use buildings, the minimum front façade surface that shall be glazed (window and door surface area) is as follows: a.Ground floor front façade surface along a primary street sixty (60) percent; b.Ground floor front façade surface along a secondary street or civic space—forty (40)percent; c.Upper floor front façade surface along a primary street— fifteen (15) percent. The ground floor front facade glazing is calculated based on the total façade area between two (2) and eight(8) feet above the finished ground floor level. The upper floor front façade surface area is calculated based on the total façade area located between the surface of any floor to the surface of the floor above it or the elevation of the roof. Windows and doors shall have clear(untinted) glass and shall be open to the interior(not faux). iii. Except for civic buildings, the distance between building entries shall not exceed 100'. iv. A walkway shall connect from the sidewalk to the primary entrance. C) Building Materials. Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. ii. Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (iii), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section (i), above, for additions to existing buildings. iii. New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each front facade: a.All brick or stone (limestone, granite, etc.), excluding window, display window, door, roofing, fascia and soffit materials, provided that the brick or stone used on each applicable facade shall include at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. Two (2)or more building materials (excluding window, display window, door and roofing materials), provided: 1.Primary Building Material: The primary building material shall be either: brick; stone limestone, granite, etc.); synthetic equivalents of brick or stone; architectural pre-cast concrete, if the surface looks like brick or stone; traditional lime-based stucco; or fiber cement, and shall constitute a minimum of sixty-six (66)percent of each applicable facade excluding glazed surfaces. Exterior insulation and finish system E.I.F.S.) or equivalent; vinyl; or standard, fluted, or split face concrete masonry units CMUs) are prohibited as a primary building material. 2.Secondary Building Material: The secondary building material shall constitute a minimum of ten(10)percent of the façade excluding glazed surfaces. Glass curtain wall may qualify as a secondary building material. 3.Architectural Features: In addition,the exterior building material selection shall be supplemented with the use of multiple colors or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.) on each front facade. iv. Building materials used on the front façade shall extend a minimum depth of sixteen(16) inches along the side façade as measured from the face of the front façade. D) Mechanical Equipment—HVAC equipment shall not be placed in the front yard or on the front facade. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019,at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana O C C C O U C C COC_ C0 CO a N 4) O 0N0) c Tj 7 7 C C C 0 7 co C L L . t@- O t0 f0 @ a 7 N N 'O O O C U U fa C C a CO C O U c c c m •o 4 U E • a' N c a) cc 1 T. O N @ Jo m 70 a) 4I w toil a/( 1) L_ L_ c• y @ a) N H N O 70 O J 7. ch• E E o0 7 ` 3 3o a Eaio r 7 @ C @Cp - C 7 ' a) N co 3 O OfC CZLf0 U E C N > CC LC3Nynnmo_ ca) COo 3 y cpo)'y oyrnO7OOYNNN - U coC w E C N C C L CD L CD 2 z aEm Eco o) o 0 o CL w nc o a U 0 30QCa co 3 as @ y 0 U 0 y •N Y CI) 7 N @ @ . ° CL 7 • @ c N > y c a-,3 E E LU 00 N O V @ N N N U O CA C ` O O 0 a JJ ' a m E a) E o c m n o o > o S > c n m o c) N N x Q) O 7 7 N p U N Q) O p w N N 0"> N• N .0. 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O) co "" m 0) D N 1 N Oy N O ca U L 0Lc)0 = 7 N C 7 a) C N C .c aE O d0) ON 7 N n 2 O E 7 0 "0 -0 c o LOo3 C) Q c O C HV L O y 0 Q) N a7 C D O0a C o N ° O Q ° N COOcoC — COa) O N N O N O co ° C d C) ,- N C O — `) L 0 a)) O L O C Y 0 co C fC 0 7 C c m O E y `m ° =O ° - N L co m c r C m °) E E o ° NC C n U U E 7 co 0 co 0 0 N O ° c N N@ y m 76° ` 2 'O co *- E O LEtda) cn r 0 ° e E c .c ` m't t) 't y > o `m a) o •N E a > `o Hwa > a) m Li COcoa u) _. °)N Cl) 7co) m Cd) Cl) a) V° E H ,- < a CO E 2 0 V coLCco N C a) 7U a) a) a) CI) a) a) a) a) C C C C c C C O O O O O O O O Z Z Z Z Z Z Z Z c 0)° C LL O CO o 5 c o O Cl) O cn CO O 3 C U N E E m m . aa)) m m '7 0 Z` C.9 c aS C a) LLI O W Q CO) Y v a) m 0) mO' ca) t„ ` f0 C a m o O V V a7 'N c N NCl) UV „as r N .O 5 cn c0 c0 co LL 0 O al V) co J CD C 0 CD •-V a Oc C C N O C CO O N a+ N CO Z Z Z Z Z Z Z Z Filed in Clerk's Office BILL NO. 19-36 APR 3 0 2019 RESOLUTION NO. KAREEMRhiFOWLER CITY CLERK,SOUTH BEND, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1405, 1423, 1507, & 1511 ELWOOD AVENUE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1405, 1423, 1507 & 1511 Elwood Avenue In order to permit a utility substation. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council OS.3••J.nouvis ZOit IV 0102/010 NOSN3/.Y1pn31Al A8 0311.01d I9r%00 o.31, W Ha RE7 - §Ma. i g 5 s O as a r0 g g° a 5. g d B: 4 U. w w w to w w srR€ ZO r 9g a x o i z E 1.8 Z w 0 i 4. iP18 Q 2w li E m sg •la$le 0 1 8 g 0 312.1 —1 w i 171=f w E w 6 II-1G"-I 5U 5d 00DII! 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I, ( Lu Ill '.I, a m m 1332LLS tl2i0a3W //it g m I I 1r 1 o W CI- O Qgg 0m re II I' J la O SI, XWma aaDm J 3 V ° WOGU Z-10WamOzfnjtn Z— TI tOeg 0 a.;.• w.0 Z o 6.?x 2w0Q m 'xi W m aG , g a - O m U 2a3ile,S g. m Ore. g i lox, o 1- 1 e m SI 2' ' o I\ W!\ y 15 cp Oai 2 CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s)is/are: 018-2159-5857, 018-2159-5858, 018-2110-4058, 018-2182-6821 The property address: 1423 W Elwood Avenue South Bend, IN 46628 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: LOT D, VICTORY ADDITION, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2 EAST', CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, RECORDED IN BOOK 10, PAGE 86 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, LOT 28,AUSTIN PARK ADDITION, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SAID SECTION 35 RECORDED IN BOOK 12, PAGES 30 AND 31 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA,AND THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 35 ALL TOGETHER DESCRIBED AS: BEGINNING ATA SET MAG NAIL WITH WASHER STAMPED "LS-21700004"AT THE SOUTHEAST CORNER OF SAID LOT D; THENCE SOUTH 89° 34'06" WEST ON THE SOUTH LINE OF SAID LOT D AND ON THE NORTH RIGHT OF WAY LINE OF ELWOOD AVENUE 273.87 FEET TO A SET 5/8"REBAR WITH CAP STAMPED "LS-21700004"ON SAID NORTH RIGHT OF WAY LINE THAT IS 66.00 FEET EASTERLY OF THE EAST LINE OF SAID LOT 28; THENCE SOUTH 00°28'13"EAST PARALLEL WITH SAID EAST LOT LINE 20.00 FEET TO THE CENTERLINE OF ELWOOD AVENUE; THENCE SOUTH 89° 34'06' WEST ON SAID CENTERLINE 66.00 FEET TO THE SOUTHERLY EXTENSION OF SAID EAST LOT LINE, SAID POINT BEING PREVIOUSLY DESCRIBED AS BEING 6.83 1/2 CHAINS EAST OF THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 00° 28'13" WEST ON THE SOUTHERLY EXTENSION OF SAID EAST LOT LINE 24.57 FEET PLATTED 25 FEET) TO A SET 5/8"REBAR WITH CAP STAMPED 'LS-21700004"AT THE SOUTHEAST CORNER OF SAID LOT 28; THENCE SOUTH 89° 34'06" WEST ONSAID SOUTH LOT LINE 50.44 FEET TO THE SOUTHWEST CORNER OF SAID LOT 28, SAID POINT BEING 0.24 OFA FOOT EAST OF A FOUND 3/4" "PINCH"PIPE; THENCE NORTH 00° 28'13" WEST ON THE WEST LINE OF SAID LOT 28 A DISTANCE OF 128.11 FEET TO A FOUND CHISELED "X"IN CONCRETE AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE NORTH 89°24'48"EAST ON THE NORTH LINE OF SAID LOT 28 A DISTANCE OF 50.44 FEET TO THE NORTHEAST CORNER OF SAID LOT 28, SAID POINT BEING 0.12 OF A FOOT SOUTH AND 0.29 OFA FOOT WEST OFA FOUND 3/4" "PINCH"PIPE; THENCE NORTH 00°28'13" WEST ON THE NORTHERLY EXTENSION OF SAID EAST LOT LINE 12.00 FEET TO A SET 5/8"REBAR WITH CAP STAMPED "LS-21 700004"ON THE SOUTH LINE OFA 2 FOOT WIDE ALLEY AS SHOWN ON SAID AUSTIN PARK ADDITION; THENCE NORTH 89°24'48"EAST ON SAID SOUTH LINE 66.00 FEET TO A FOUND RAILROAD SPIKE ON THE EAST LINE OF SAID AUSTIN PARK ADDITION; THENCE NORTH 00°28'13" WEST ON SAID EAST LINE 134.95 FEET TO A SET 5/8"REBAR WITH CAP STAMPED "LS-21700004"ON THE SOUTH RIGHT OF WAY LINE OF KING STREET, SAID LINE BEING PREVIOUSLY DESCRIBED AS THE CENTER LINE OF KING STREET EXTENDED; THENCE NORTH 89°30'58"EAST ON SAID SOUTH RIGHT OF WAY LINE 1 73.8 7 FEET(DEEDED 174.16 FEET, MORE OR LESS) TO A SET MAG NAIL WITH WASHER STAMPED "LS-21 700004"ON THE WEST LINE OF SAID VICTORY ADDITION;; THENCE SOUTH 00°28'09" EAST ON SAID WEST LINE 162.00 FEET TO A SET 5/8"REBAR WITH CAP STAMPED "LS-21700004"AT THE NORTHWEST CORNER OF SAID LOT D; THENCE NORTH 89' 34'47"EAST ON THE NORTH LINE OF SAID LOT D 100.00 FEET TO A SET 5/8"REBAR WITH CAP STAMPED "LS-21700004"AT THE NORTHEAST CORNER OF SAID LOT D; THENCE SOUTH 00° 28'09"EAST ON THE EAST LINE OF SAID LOT D 118.09 e e -NNING. CONTAINING 1.787 ACRES,MORE OR LESS. Filed in Clerk's Office APR 3 0 2019 APR 0 5 2019 KAREEMAH FOWLER CITY CLERK,SOUTH REI,}D. IN ( VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g. From the required[enter requirement]to[enter request going to])Additional examples can be found on our website. Please conact the Staff ifyou need assistance. 1) -Reduction of required landscape screening along Elwood A venue to eliminate plantings completely due to interference with distribution electric poles. Variance from the required non gravel surface driveway to gravel surface drives. The intent of the requirement is to provide a "dustfree"surface.A variance is being requested as the site will be used infrequently and the use of gravel driveways will not cause a dust problem. 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Very little traffic will be generated by the proposed use for this site. The purpose for the required 100'drive approaches is to reduce the chances of traffic backing up into intersections. Due to the insignificant traffic volume, vehicles should never back up into the intersections, even with the requested variances. Larger vehicles will approach from the north and gain access through the west entrance drive. They will then exit the site through the drive along the east and head north. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The properties adjacent to the property should not be impacted by the requested variances. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: If the design and layout of the site adhered to the ordinance, it would be impractical for semi trucks to gain access to this site. SPECIAL EXCEPTION USE INFORMATION (if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: A special use is being requested to allow for the construction of a Public Utility Substation on the identified properties. 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: The proposed use will not negatively affect the community. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: There is an existing substation located directly across the street. The proposed development will not negatively affect the use of the adjacent area, or property values. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: The adjacent properties are zoned similar and have similar industrial uses. d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The Comprehensive Plan indicates that adequate infrastructure is needed to obtain the type of growth that is wanted. Having adequate public utilities is part of that infrastructure. In the case of a Special Exception Use,the petitioner shall be held to the representations made ontrie-Preliminary Site Plan included with this petition. APR 0 5 2019 PROJECT INFORMATION: Provide a brief and descriptive narrative of the proposed project: American Electric Power (AEP) wishes to construct a new electrical substation on the property in order to improve the reliablity and capacity of the local power grid. PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: American Electric Power Columbus OH, 43215 614-716-1000 Name and address of additional property owners, if applicable: Name and address of petitioner(s),if different than the petitioner): Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners,if applicable: FiledFiled in Clerk's Office CONTACT PERSON: APR 30 2019 Benjamin Perry 7775 Walton Parkway New Albany, OH 43054 KAREEfVIHH FGJ1LER 614-933-2410 CITY CLERK,SOUTH BEND.IN biperly@aep.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. Signature(s) of all prop-7 owner(s): APR 0 5 2019 Jordan A. Wyatt From: Tim Corcoran <tcorcora@southbendin.gov> Sent: Friday, April 12, 2019 1:57 PM To: Jordan A. Wyatt Cc:Larry Magliozzi; Michael Divita; Sue Ellen Doudrick; Nana Parkhill Subject: Muessel Substation Comments Filed in Clerk's Office Hi Jordan,APR 3 0 2019 The following are DCI's comments in regards to the substation.-Tim KAREEMAH FOWLER Recommendations CITY CLERK,SOUTH BEND,IN Provide decorative fence (faux wrought iron) around substation Set south fence line at least 15'from back of sidewalk on Elwood (assumes 10' lawn + 5' planting area) to respect neighborhood character Screen fence line along south (Elwood side) with combination of 4' hedge (3'on center), plus occasional arborvitae/evergreen planting with 6' mature height Screen fence line along east and west sides with arborvitae/evergreen planting with about 6' mature height unless requested by neighbors, need not provide screening along residential side yards) Include shade trees in the grassy areas (not exclusively ornamental trees), especially toward street edges; restore street tree (tree lawn) plantings along Medora and Anderson Eliminate berms Pave driveway entrances (alternately, use geoblock pavers or similar product) If possible, move driveways north Narrow driveway width (driveways shown at 30', fence openings are 20') Do not use Medora and Anderson north of the site for large trucks Further Information Needed What is the need for a detention basin? What is the surface inside the fence (gravel/stone)? What type of vehicles will access the site post-construction? How will the gate to the north be used? How often will vehicles travel through there? Engineering Follow-Up Determine proper interface with King Street/ right-of-way issue Determine location and width of curb cuts Determine amount of curb and sidewalk replacement desired (in conjunction with future plans for underground transmission line) - on all four perimeter streets tilTFi`pF;` Tim Corcoran I .r "'r ::;. Director, Planning&Community Resources Department of Community Investment lig J s- (574)235-7692 corcora n@southbend in.00v as6 City of South Bend 227 W. Jefferson Blvd.,Suite 1300 South Bend, IN 46601 1 Jordan A. Wyatt From: Hana Parkhill <hparkhil@southbendin.gov> Sent: Friday, April 12, 2019 2:51 PM To: Jordan A.Wyatt Cc:Sue Ellen Doudrick; Carl Littrell; Tim Corcoran; Michael Divita; Larry Magliozzi Subject: Muessel Substation Comments - Preliminary Site Plar Rev d in Clerk's Office Jordan, APR 3 0 2019 Below are Engineering's comments:KAREEMAH FOWLER CITY CLERK.SOUTH REND. IN Right-of-way issue along King Street needs to be addressed.Accomplishing that might change the drainage plan considerably, as the proposed detention pond faces King Street. The emergency spillway for the proposed basin is directed towards residential dwellings. Referencing the draft City stormwater quantity standards, the spillway must direct the emergency overflows away from buildings and other structures. Detention basin safety features are not depicted in the plan. There is concern about the gravel driveways shown for the access from Anderson Avenue and from Medora Street.The zoning code requires hard, dust-free pavements in residential areas and industrial areas. Engineering will usually request hard pavements when asked for recommendation in "Special Exception" zoning situations. Replacing gravel with hard surfaces will impact the drainage plan considerably. Development of the site requires City approval of a Drainage Plan, that meets the City's requirement to store all runoff from developed areas onsite. The Drainage Plan provided does not contain design calculations. Regarding curb cuts and referencing the City Construction Standards&Specifications: o Business Approach- 24'-0" at throat, with 20'-0" approach curb radius. 10' radius may be used if adjacent to on street parking. Sidewalks/curbing should be included along all streets (along the perimeter of the site), where needed, unless specific exclusion is approved by the City Engineer. Any existing approaches that are not used by the site are to be removed and replaced with curb, tree-lawn, and sidewalk. FYI -there is a concerned resident at the property east of the basin who informed Engineering that AEP did not notify residents about the substation development. Feel free to contact Engineering with any questions and/or concerns. Thanks, Hana 4 a trr Hana Parkhill,P.E. tf., Engineer/MS4 Coordinator Department of Public Works d 9 574)235-5961 hparkhil @southbendin.gov Js, .City of South Bend 227 W.Jefferson Blvd. South Bend,IN 46601 1