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03-10-08 Council Meeting Agenda & Packet
S c AGENDA SOUTH BEND COMMON COUNCIL MONDAY, MARCH 10, 2008 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 08-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SAXOPHONIST DANNY LERMAN AND WISHING HIM THE BEST FOR HIS ~~HOMETOWN CELEBRATION" CONCERT IN SOUTH BEND ON MARCH 22,2008 OS-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OFFICIALLY REQUESTING PRESERVE AMERICA COMMUNITY DESIGNATION FOR THE CITY OF SOUTH BEND, INDIANA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 8. BILLS, THIRD READING TIME: 9. RESOLUTIONS RTT~T~ NO _ 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN- YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC 08-20 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR- YEAR REAL PROPERTY TAX ABATEMENT FOR JADE ELEPHANT HOLDING, LLC (LAKE MICHIGAN MAILERS, INC.) 08-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, LLC) 08-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS 10. BILLS,. FIRST READING BILL N0. 13-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH ST. SOUTH BEND, IN 46616, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA 14-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED A THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 76 IN THE CITY OF SOUTH BEND, INDIANA 15-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $794,576.67 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA 16-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH- SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING G BETWEEN LOT #48 OF SAID SAMUEL L. STULL'S 2ND ADDITION TO THE CITY OF SOUTH BEND, AND LOT #61 OF SAMUEL L. STULL'L 1ST ADDITION OT THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET 11. UNFINISHED BUSINESS 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: RESOLUTION NO. ~ t ~~ 1~J ~ ~~ ' ~~ A RESOLUTION OF THE COMMON COUNCII, OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING SAXOPHONIST DANNY LERMAN AND WISHING HIM THE BEST FOR ffiS "HOMETOWN CELEBRATION" CONCERT IN SOUTH BEND ON MARCH 22 2008 "~~eQe, the Common Council of the City of South Bend, Indiana, recognizes that South Bend, Indiana, has been the home of thousands of diverse, caring and multi-talented individuals; from the early beginnings when Alexis Coquillard established a trading post on the St. Joseph River; to the many contributions of the Studebaker brothers and the Olivers, to Schuler Colfax becoming President Ulysses S. Grant's Vice-President; and ~~, the Common Council acknowledges that South Bend's Dave Lerman, Steel Warehouse Company's CEO, who oversees, along with brothers Mike, Bill, Ted and Gerry more than a $530 million enterprise which employs more than 600 employees; along with his wife, Barb Lerman, are the parents of Danny Lerman, who is fast becoming an international jazz musician; and '~~, the Common Council is proud to acknowledge that South Bend Riley High School graduate, a member of the RHS Class of 1980, Danny Lerman, took center stage last August in South Bend at the TGIF: Music in the Gardens where his music was "infused with rap rhythms, vocal spice, and world-beat flavoring all merging into a Lerrnanesque panache"; at the Bert and Etta Liss Memorial Summer Concert on' the Green sponsored by the Jewish Federation of St. Joseph Valley; at the Great American Salon Series held at the South Bend Regional Museum of Art; at a University of Notre Dame Hockey Game where Danny played the National Anthem on the ice where he showed his skating skills; and on Mazch 25 ,Danny will play the National Anthem at the Chicago Bulls NBA game at the United Center; and ~f~~, Danny Lerman has toured extensively throughout the United States with some of his stops including Chicago's legendary Backroom, New York's Greenwich Village, and the Baked Potato in Los Angeles; with Danny always taking time to perform concerts in South Bend nursing homes and at the Ronald McDonald Houses for seriously ill children and their parents; and ~~aa, on February 26, 2008, Danny Lerman's 3rd album, Meow Baby, was released which features him playing alto and soprano sax where he incorporates Latin, South African, Middle Eastern and World Music nuances and rhythms from his travels and performances in Turkey, Israel, Holland, South Africa, Venezuela and Mexico; this follows his album Danrry's Island which was released in 1999 which made it to the top 20 on Radio & Record's contemporary jazz chart and was a #1 single in Chicago; and his 1~` CD Do You Feel? which was released in 1992 on the Steel Warehouse Records label; with Danny's compositions also being featured in the movie soundtracks "Wedding Bell Blues" and Kill Me Later". ,~/o,,, ~~~P~~ G6 ,•tx,d, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates South Bend's Danny Lerman for sharing his extraordinary musical talents with all of us, and for his heart-warming contributions to enriching the lives of South Bend residents living in nursing homes and for those facing medical challenges. Section TI 'The South Bend Common Council hereby declares Saturday, March 22, 2008, as "Saxophonist Danny Lerman Day" in South Bend, Indiana, and encourages everyone to support him in his Hometown Concert to be held that day in downtown South Bend. Secfion III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1 ~` District Henry Davis, Jr., 2" District Thomas LaFountam, 3`Q District Ann Puzzello, 4 District Dr. David Varner, 5`" District John oorde, City Clerk Oliver J. Davis, 6"' District 1 Timothy .Rouse, At Large Al " ddy" Kirsits, t Large en L. White, At L ge Kathleen Cekanski-Farrand, Attorney ~/,~~ _ ~ ~ xaas Stephen J. Luecke, Mayor ~'j~t~ I~-o ~ Og-~`~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CTI'Y OF SOUTH BEND, IlYDIANA, OFFICIALLY REQUESTING PRESERVEAMERICA COMMUNITYDESIGNATIONFQR THE CITY OF SOUTH BEND, INDIANA °,~2av, the Common Council of the City of South Bend, Indiana, recognizes that on October 31, 2007, bipartisan legislation was introduced authorizing two (2) complementary historic preservation grant programs---Preserve America and Save America's Treasures; with First Lady Laura Bush serving as the Honorary Chairperson of both programs; and `',~aa, the Common Council notes the Preserve America Initiative "encourages and supports community efforts to preserve and enjoy our .priceless cultural and natural heritage" and has the goals of creating opportunities for "a greater shazed knowledge about the nation's past, strengthened regional identities and local pride, increased local participation iri preserving the country's cultural and natural heritage assets, and support for the economic vitality of our communities"; and Gviaa, South $end was fast platted as a town on Mazch 28, 1831; became the permanent county seat of St. Joseph County on May 12, 1831; and officially became a city in 1865; and "%lswk~ caa, South Bend has a very rich cultural and historical history---from its early occupation by the Miami and Potawatomi Indiana tribes; early initiatives of European settlers such as Pierre Navarre, Alex Coquillazd and Lathrop M. Taylor; the manufacturing giants of the Studebaker brothers & the Olivers; to being an "active under ground railway" with many South Bend residents, such as John Auten, serving in the Union Army, and Schuler Colfax serving asVice-President with President Ulysses S. Grant; and you, ~~rire~Xe, Ge iLxeaaGuec~! by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby requests that South Bend, Indiana, be designated as a Preserve America Community. . Section II. The South Bend Common Council believes that the Preserve America Initiative is compatible with our city's best interests and goals related to historic preservation; would improve our city's ability to protect and promote its many historical resources; and should join such Indiana communities as Lafayette, Irvington Neighborhood in Indianapolis, Crown Point, Bedford, New Albany, New Harmony, Madison and Monroe County as Preserve America Communities in the State of Indiana. Section III . The Common Council pledges to protect and celebrate our rich cultural and historical heritage; pledges to use our historic assess for economic development and community revitalization; and encourages all persons to experience and `appreciate the countless local historic resources offered through educational and heritage tourism. A brochure about our many Historic Districts and their locations is attached. Section N . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 15` District Henry Davis, Jr., 2"" District Thomas LaFountain, 3` District Ann Puzzello, 4~' District Dr. David Vamer, 5"' District ohn orde, City Clerk Oliver J. Davis, 6 District Al "Buddy" Kirsits, At Large T Timoth A. e, At Large Q~-cam-- / K n L. White, At Large Kathleen Cekanski-Farrand, Council Attorney ~s~'dt~ ._ d~ ~~ ,008. Stephen J. Luecke, Mayor of South Bend ~--~~ L\ 11~ o - of -1zZ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Vacant land in the Airport Development area AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR Olive Cleveland Partners 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 vacant land in the Airport Economic Development area ,South Bend, Indiana, and which is more particularly described as follows: Kidders Olive Road Minor Subdivision Lot 2 and which has Key Number 025-1011-018601, 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 remonstrance's 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 two (2) 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 a period of seven (7) years, 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. 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. Member of the Common uncil PRESENTED ~-1l~'~~ NOT APPROYEFi ADOPTED ~IiR~i Its Cl~rlt'~ Office AUG 1 5 2007 ,l~iFtV VO(3f;D'c C!TY Ci.EP.?~, ~0. BENJ, !H. ~~,t~ ~~_ o~-za RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 William Richardson Drive AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR Jade Elephant Bolding, LLC (Lake Michigan Mailers, 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 3445 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll Road Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Key Number 25-1013-021111 presently, 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 remonstrance's 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 two (2) 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 a period of four (4) years, 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. . 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. Member of e Common Co ncil Filed In ~lcrl~'~ ~a~~ice .. F~J n (t ~~~~.i ~~n yj =,, ti J _. -.~4+ 3 ~`~ GITY VS e(t "•.y ~J~~. ~.i LILV l~lOT APPROVE(? ~DOPTEDi ~~~~~~ Og~~-1 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 William Richardson Drive TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR Lake Michigan Mailers, Inc. (Jade Elephant Holding, 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 3445 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll Road Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Tax Key Number 25-1013-021111 presently, 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 qualif cations 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 two (2) 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, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 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. /VW 1 11Y/ry~.y 4 Member of the Common Council I~SOT r~PP:~®?~~~ ADOPTED ~r Clerk's (~~~iee filed to F Eg 2 p 2G~G8 1G~i;y VC^AC~ 1~ '~~ CITY Ct::;;~w.°'- y O~S~lii ~I~,'~~8~`1'p • ,~„` -% ~ City of South Bend ~~ \PEAC /~ ~+~~ ~' -: a Common Council x 1865 ^ 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse March 5, 2008 President (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http: //www. southbendin.gov The South Bend Common Council Oliver J. Davis 4~' Floor County-City Building ~ l1 ~~ ~ ~,.'~~ Vice-President South Bend, Indiana 46601 Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District AI "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney Dear Council Members: We are pleased to introduce for your review, discussion and adoption the attached resolution. As we have stressed on countless occasions, that effective planning is critical for progressive legislative measures. The proposed resolution, we believe, will assist both the entire Council and the Council Attorney, in this endeavor. Currently, our Council Attorney has had to go through an annual retention process, which takes place at the Council's Organizational meeting each January. Not knowing the intentions of the Council has caused concern leading into the next calendar year, especially with regard to ongoing Council projects. We believe that the annual review process should take place when the Council Attorney submits her yearly multi-page Council Attorney Annual Report during the budget process. We are proposing in the resolution a process similar to that has been used for Project Future. The Common Council adopted a resolution expressing its support for afive-year commitment so that both the City of South Bend and Project Future could properly plan, identify goals and work collaboratively together on seeking these objectives. Similar pro-active plans, objectives, goals, initiatives need to continue at the Common Council and Council Attorney levels. Therefore, we .sincerely believe that an expression of support to our Council Attorney for the Council term would generate more innovative short and long-term Council initiatives, For your information, the Indiana Public Access Counselor is also appointed for a four (4) year term. We highly recommend that you support this resolution. We also request that it be sent to the Council Ruies Committee for review and recommendation. Thank you for joining us on this proposal. Most sincerely - ,Q a~..~-~- Council Presi t Timothy A. Rouse Council Member At Large Al "Buddy" Kirsits Attachment Filed In Gierk'e Qffifce MAR - 5 2oa$ JOHN YOgRDE CITY CLERK, SD. BEND, IN. Resolution No. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS SUPPORT FOR THE RETENTION OF THE COUNCIL ATTORNEY FOR CALENDAR YEARS 2008 THROUGH 2011 ON A CONTRACTUAL PART-TIME BASIS ~~ii~aa, the Common Council notes that it is authorized to hire or contract a Council Attorney under the Indiana Code; and ~l~ii~aa, since 1975 when the Indiana law took effect, the South Bend Common Council has elected to hire on a contractual basis apart-time Council Attorney; ~~in~ea6, the Common Council believes that it would be a good management and planning decision to hire the Council Attorney for the current Council's term running from January 1, 2008 through December 31, 2011, with this action being in the best interests of the Common Council. ~auy, C~~~~''~'`e, G~ itxeao/ ed/n~ t/ze ~pd~aa ~oowr~o~t~ie ~rt~ o~C~.~i ~e~a.! C~nc~c'a~za, as follows: Section I. The Common Council of the City of South Bend, Indiana, pledges its support to Kathleen Cekanski-Farrand, Indiana Attorney # 3168-71, to be their Council Attorney for the current Council Term running from January 1, 2008 through December 31, 2011, on a contractual part-time basis. Section II. The appointment of the Council Attorney would be subject to annual satisfactory performance reviews by -the Common Council, and that fees for such legal services would be subject to the annual budget review and approval process. Section III. In the event that the Common Council desires to engage the Council Attorney for any special projects such as acting as the Council's Agent for labor negotiations and/or representing the Council in litigation; fees for those legal services would be subject to the submission of a written Professional Services Summary detailing such services, with that document being submitted with the appropriate claim form and then processed for payment. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council r'i2E,~iENTED 3 '~ ~~ U 1~OT APPR01fED ~iir;d i~~ ~!~rk'~ Office h~AR - 5 2008 JCHhJ VOORDE Cil'Y CLERIC, ~0. BEtdD, (N. of the Common of the Common Council ;4DGPTED (~"~\\ 1~~.~ 3-~g ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1302 HIGH ST. SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT The LangLab concept is to provide an entertainment, education and restaurant venue in South Bend. The establishment will provide a live entertainment venue; a cafe; office space rental; a retail component offering arts-based merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. The building is currently zoned under LI Light Industrial District. We should like to rezone it to a 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: Part of Section 13, Township 37, North Range 2 East E. Of High St S. of Pennsylvania Ave. Ex E. End & Ex 190 x 237.85 Ft Nw PI & Ex 115 x 392.85 be and the same is hereby established as MU Mixed Use District. SECTION II. 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. Member of the ommon Council Attest: City Clerk 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 2 , at o'clock . m. day of , Mayor, City of South Bend, Indiana 1 st P-,E~:al~lG ~ J~" ~-~~ PUSLIC hEARIi~IG 3 rd READWG NOT APPROVED REFERRED P "~S~ED Filed En Gt~rk'~ ®f~ice MAPS - 5 2008 JOHN V44RDE CITY CLERK, 54. BEND, IN. Date Filed Date received by the Area Plan Commission Application N I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address: 1302 High St. South Bend, Indiana 46616 2) Name and address of property owner(s) of the petition site: Name: T&C, INC., INSTR.#8934806 Full Address and Phone Number: 1850 N. Sheridan St. South Bend, Indiana 46628-1525 3) Name and address of contingent purchaser(s), if applicable: Name: LangLab, LLC Full Address and Phone Number: 1302 High St South Bend, Indiana 46616 574-234-5840 4) It is desired and requested that this property be rezoned from LI -Light Industrial District to MU -Mixed Use District 5) This rezoning is requested to allow the following use(s): A live entertainment venue; a cafe; office space rental; a retail component offering arts-based merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent• ~d) a list of names and addresses of all property owners and the tax key numbers for al~roperties within 300 feet of the petition prope • and (e) addressed stamped envelopes for all property owners within 300 feet of the petition property (f) a location map if available, drawn to scale, which includes street names, printed in 81/z" x 11" format. Signature(s) ofAll Property owner(s) or Attorney for all property Owner(s) PETITION PREPARED BY: Name: Rami Sadek CONTACT PERSON: (If different) Name: Same Full Address and Phone Number Full Address and Phone Number: Same 713 N Saint Louis Blvd, South Bend, IN 46617 574-234-5840 Email Address: rami.sadekC~gmail.com Email Address: same filed ~ Cle~'~'~ ~f~ice ~~R AR - 5 2008 aataea u~a~oE ctifir c~.~,4F, ~~. ~~~ ~_~ The LangLab concept is to provide an entertainment, education and restaurant venue in South Bend. The establishment will provide a live entertainment venue; a cafe; office space rental; a retail component; offeringarts-based retail merchandise; living quarters for visiting artists and lecturers, and venue rental services for the South Bend area. The building is currently zoned under C/I Industrial use. We should like to rezone it to a MU Mixed Use District. ~ile~ !n C1~ric'~ ®~~@ce MAR - 5 2008 ae~,~ vcae~o~ CITY C! cR?t, S4. HF?d~, IN. :els C ounty Parcels Re pARCELID NAME_1 PROP_ADDR STREET CITY c NEWELL DOROTHEA & 1 18-7016-0640 JOHNSON JOSEPHINE OW/F 721 E BROADWAY 721 E BROADWAY ST South Bend IN 46601 2 18-7016-0641 FOREMAN MARK 725 BROADWAY 725 Broadway South Bend IN 46601 3 18-7016-0642 729 BROADWAY LAND TRUST 729 BROADWAY 115 S Lafayette Blvd Ste 112 South Bend IN 46601 4 18-7016-0644 CITY OF SOUTH BEND/ BOARD OF PUBLIC WORK VAC-ADJ TO 735 BROADWAY Rm 1308 County-City Bldg. South Bend IN 46601 5 18-7020-0808 JENKINS ROY & FELICIA D 776 ROLAND CT 776 Roland Ct 5outh Bend IN 46613 6 18-7017-072502 THOMAS TOWNSEND AND MARGARET A 1100 S HIGH ST 1108 S High St South Bend IN 46601 7 18-7020-0815 FORREST RHONDA C 717 PENNSYLVANIA 717 Pennsylvania Ct South Bend IN 46601 725 E 8 18-7020-0816 PITTMAN JAMES C JR & JENNIFER A PENNSYLVANIA AVE 725 Pennsylvania Ave South Bend IN 46601 9 18-7010-037101 CARDINAL BOTTLING CO INC %TAX DEPT. 909 E BROADWAY 3501 Algonquin Road Rolling Meadows IL 60008 10 18-7017-072604 CARDINAL BOTTLING CQ INC %TAX DEPT. 1330 HIGH 1475 E Woodfield Rd Ste 1300 Schaumburg IL 60173- 54$5 11 18-7020-0806 MERRITT JOHNNY JR & TIFFANY 758 ROLAND CT 758 Roland Ct South Bend IN 46601 12 18-7020-0804 DOUGLAS LONNIE L 744 ROLAND CT 744 Roland Ct South Bend IN 46601 13 18-7016-0645 DUKE JOHNNIE 735 E BROADWAY 735 E Broadway South Bend IN 46601 14 18-7016-0639 HARRIS ANNA P 717 BROADWAY . 717 E Broadway South Bend IN 46601 15 18-7016-0643 CIVIL CITY OF SOUTH BEND VAC ON HIGH ST 14th Floor County-City Bldg South Bend IN 46601 16 18-7017-072601 CARDINAL BOTTLING COMPANY INC 1306 HIGH ST 1475 Woodfield Rd %Tax Dept 17 18-7016-0626 LOPEZ JEANNE 716 PENNSYLVANIA 716 Pennsylvania South Bend IN 46601 18 18-7016-0627 MAHTENGE DOMINIC W & BOBBIE J 724 PENNSYLVANIA 724 Pennsylvania South Bend IN 46601 730 PENNSYLVANIA 19 18-7016-0629 TAYLOR SHERRI A CT 730 Pennsylvania Ct South Bend IN 46601 South Bend IN 46628- 20 18-7017-0726 T & C INC 1302 HIGH ST 1850 N Sheridan St 1525 21 18-7016-0630 TAYLOR DALIAN R & MATTIE M TAYLOR 732 PENNSYLVANIA W &ADJ 1400 County City Bldg South Bend IN 46601 22 1$-7020-0817 JOHNSON RAHMAN M & KELLY J 728 E PENNSYLVANIA 728 Pennsylvania Ave ~ South Bend IN 46601 23 18-7017-072501 BARANY ERNEST J AND JOAN E BARANY 815 E Pennsylvania Av South Bend IN 46601 24 18-7017-0727 NORTHERN INDIANA PUBLIC SERVICE CO ATTN: 1039 PENNSYl.VAN1A 801E 86th Ave Merrillville IN 46410 ~i~R - 5 2008 uC119r~ 'iravl~9[•iG CITY CL3:;;.c, f,0. B~"t0, IPl. 'T'Ta7 '~j~ yA ~"~ ~'tt£~ ~~ ~~~~~:'~ ~~€fi~v f~ AR - 5 2008 uu~?t, ~te~,r,:~.a~ CITY Ci.cts, S~'}. ~:.ta?, {~!. 13-782 500 SHEETS, FILLER 5 SQUARE 4?.-387 50 SHEETS EYE-EASE' S SQUARE ~Natlonal °'Brand 42-389 200 SHEETS EYE-EAS C 5 SQUARE 42-392 100 HECVCLEO WHITE 550UARE 42-394 200 RECVCLEU WHITE SSOVARE Mute In II. F. A giw~ ~ ~ ,. , . . - Y 0„J Q{ e a L I ~~ ~~~~~ f ~` i r ~ ~~ T ~~~ ! t ~~ - ~ - S1Nhr~ 1'PL3Lt35b~ ~ JCS ~ • ~~,I - ~- ~r'i~ , !~'D~i ,!'S~t~ ~3~Aa a'M~1~7~~iM11~~~ e~'/ -_ .._.- -~ ~-~.-~..~ .~-.~~-~. _ - - - - - - -` I ~X1tiM-~.~.f.. ~ -~" ~ i l~ PRELIMINARY SITE PLAN REQUIREMENTS Tabulated Data (List) 1. Gross acreage or square footage of site. 40920.25 square feet (.94 acres) 2. Proposed land uses The establishment will provide a live entertainmentvenue; acafe; office space rental; a retail component offering arts-based merchandise; living quartersforvisiting artists and lecturers, and venue rental services for the South Bend area. 3. Estimated number of parking spaces required and provided 97 4. General land coverage percentage of buildings, paved areas and open space. General land coverage: 40920.25 Percentage of buildings: 34.1 % (13942.25) Paved Areas: 21246.65 Open Space: 5731.35 5. For residential components: a. Number and type of dwelling units a max. of Z average size 1 bedroom apartments b. Density (number of units per acre) 2.13 c. Estimated population 4 individuals 6. Building Height: approx. 50ft. 7. Required set backs: Existing. 6. Mapped Information 1. North arrow and scale. 2. Actual shape and dimension of the rezoning property . 3. Type (e.g. banl~ office, restaurant) and general location of buildings 4. General locations for all proposed improvements including paved areas, and buildings S. General layout of on-site parking 6. Building height (or can be listed in tabulated data) 7. Required setbacks and bufferyards 8. Location and type of landscaping and screening 9. Adjacent rights-of--way and nearby intersections ~1~E~~ ill e+~~'i`~C'~ ~~f{C@ Please refer to attachment. p~A~ - 5 20Q8 JGi~Pd'dvo'~.uE Cf iY Cr,.E~:,r, SC. CEI~'.D, l~{. ~-,~ ;. EXHIBIT E SANDERS • PIANOWSKI, LLP ROBERT T. SANDERS III MICHAEL A. PL4NOWSHI JAMES L. TODDt MATTHEW A. YEAKEY P. SHAWN LEWIS* JASON G. WARD* ATTORNEYS AT LAW 300 RIVERWALK DRIVE ELKHART, INDIANA 46516 (574)294-1499 FACSIl~,E (574) 294-7277 Paralegals WANDA S. WYRICK MARII.YN A. WHETSTONE COURTNEY G. WILLLAMS$* JORDAN P. WILLIAMS DEBORAH J. BEAVERSON $AI,SO ADMITTED IN ILLINOIS *ALSO ADMITTED IN MICHIGAN j'ALSO ADMITTED IN OHIO March 5, 2008 Mr. Mark Lyons, Zoning Planner Area Plan Commission \ 'e, ~ ~ -- ~ 1140 County City Building ..--~ 227 -W. Jefferson Blvd. South Bend, IN 46601 Re: Rezoning Petition- Western Avenue & Lombardy Drive Dear Mark: Please find enclosed herewith a Rezoning Petition related to the property located at the corner of Western Avenue and Lombardy Drive for the purpose of constructing a Walgreens Drug Store at this location. Please be advised that Preferred-South Bend LLC ("Preferred") is the Contract Purchaser for the property which comprises the location which is the subject of the enclosed Petition. As you are aware, our firm is acting as Preferred's authorized representative with respect to the enclosed Petition. The property is owned and is comprised as follows: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 PIN: 18-4112-414802 OWNER: Barakeh Land Co., Inc. (Contract Purchaser) 4444 West Western Ave. South Bend, Indiana 46619 PARCEL IA: 18 Foot wide strip PIN: 18-4112-414812 (Newly assigned) OWNER: University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, Indiana 46556-5611 Attn: Gregory P. Hakanen - Director of Asset Management and Real Estate Development 17 ..~ SANDER • PIANOWSKI, LLP Mr. Mark Lyons, Zoning Planner Area Plan Commission March 5, 2007 Page 2 PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 PIN: 18-4112-414803 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 PIN: 18-4112-414809 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 pIN; 18-4112-414805 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 Please note that I have included with the petition the legal description as Exhibit A, eight (8) copies of the Preliminary Site Plans as Exhibit B, the Statement of Purpose and Intent as Exhibit C, and the Surrounding Property Owners List as Exhibit D. I have also included a copy of this letter with the Petition as Exhibit E. Additionally, I have enclosed stamped and addressed envelopes for each of the property owners within 300 feet of the subject site. Further, per your instructions, I have only submitted eight copies of the preliminary site plans rather than the seventeen (17) specified in the rezoning petition. Should you need additional copies, I would be pleased to provide the same to you. Further, per your instructions, I have not enclosed a location map for the property. If you do need a location map, I would be pleased to provide the same to you. Finally, as required in the filing instructions, I have enclosed a check made payable to the Area Plan Commission in the amount of $50.00 and a check made payable to the City of South Bend in the amount of $100.00 for the requisite petition fees. 18 SANDERS • PIANOWSKI, L~~P Mr. Mark Lyons, Zoning Planner Area Plan Conunissi.on March 5, 2007 Page 3 Should you have any questions with respect to the foregoing or need additional information, please feel free to contact me. In the alternative, please feel frE~e to contact Adam Keyser. directly at 312-327-2700 x 327. Unce you have had an opportunity to review the enclosed documents, please let me know as to when this matter will be set for hearing. I would like to thank y~~u for all of your assistance on this matter and I look forward to working together to complete this deticl:opment project. Very truly your,. SANDERS • :'1.=1NOWSKI, LLP Jason G. Ward j ward nri v e nv al 11 aw. c o m JGW/mb Enclosures cc: Adam. Keyser, Preferred-South Bend LL(: w!enclosure CIRCULAR 230 DISCLOSURE: ,9ny advice contained in this communication (including any attachr.~enL~,i imless expressly stated otherwise. i.s not intended ar written to be used or relied upon, and mov not be used or relied upon, jor purposes of avoidutg to c a°.nclties that muy be imposed nn any taxpayer by am• governmental authority. 19 ~~l~aR - 5 208 -•F. YL`JISLiC ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, Preferred-South Bend LLC is seeking to rezone all of the properties listed below to Community Business District (CB) for the purpose of constructing a Walgreens Drug Store at the proposed location. A drug store is a permitted use in a Community Business District, and rezoning of the properly necessary to support the store would not be inconsistent with the City of South Bend's City Plan and would be consistent with the current and future use and development of the surrounding area. The current zoning is as follows: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 Zoning: Community Business District (CB) PARCEL IA: 18 Foot wide strip PIN: 18-4112-414812 (Newly assigned) Zoning: Multifamily Urban Corridor District (MF1) PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 Zoning: Multifamily Urban Corridor District (MF1) PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) 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 of land located in the Northwest Quarter of the Southwest Quarter of Section 9, Township 37 North, Range 2 East, South Bend, Indiana, described as follows: commencing at the intersection of the East line of Lombardy Drive and the North line of Part 2 of Section 7, Belleville Unit "B", an addition recorded in Plat book 19, page "B" in the Office of the St. Joseph County Recorder; thence North 00 degrees 00 minutes 30 seconds East (assumed bearing), 24 feet along said East line of Lombardy Drive to the point of beginning; thence continuing North 00 degrees 00 minutes 30 seconds East, 373.99 feet along said East line to the South line of Western Avenue; thence South 89 degrees 42 minutes 25 seconds East, 125 feet more or less along said South line to the West line of a parcel of land described to Western Manor Apartments in Instrument Number 9711319, recorded April 1, 1997, in said Recorder's Office, said West line being 125 feet East (as measured along said North line of said addition) of and parallel with said East line of Lombardy Drive; thence South 00 degrees 00 minutes 30 seconds West, 373.39 feet along said West fine to a line 24 feet North of and parallel with said North line of said addition; thence North 89 degrees 58 minutes 58 seconds West, 125.00 feet along said 24 foot parallel line to the point of beginning, containing 1.07 acres more or less. be and the same is hereby established as Community Business District (CB). SECTION II. 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. Member of the Common Cou if Attest: City Clerk 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 3,~0-~~ 1 sf FgADtNCT PUGLIC NEARING '3 rd READING NOT APPROVED REr'ERRED PASSED ~iied in G[erk'S Ofifice MAA - 5 2008 JQHrJ ~fCORCE CITY CLL'?i{, S0. ;3ti'FEa, tiV. Date Filed Application No Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is five (5) properties located at the southeast corner of Western Avenue and Lombardy Drive lying immediately south of the intersection and immediately north of 450 Lombardy Drive. 2) Name and address of property owner(s) of the petition site: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 OWNER: Barakeh Land Co., Inc. (Contract Purchaser) 4444 West Western Avenue South Bend, IN 46619 PARCEL IA: 18 Foot wide strip PIN: 18-4112-414812 (Newly assigned) OWNER: University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, Indiana 46556-5611 Attn: Gregory P. Hakanen - Director of Asset Management and Real Estate Development PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 4 3) Name and address of contingent purchaser(s), if applicable: Preferred-South Bend LLC 141 W. Jackson Blvd.; Suite 3540 Chicago, IL 60604 (312) 327-2700 x 237 4) It is desired and requested that these properties be rezoned From: Multifamily Urban Corridor (MF1) and Local Business District (LB) To: Community Business District (CB) 5) This rezoning is requested to allow the following use(s): The development, construction and maintenance of a Walgreens Drug Store at the proposed location. 6) Attached is a copy of (a) legal description of the properties; (b) eight (8) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (e) letter to Area Plan Commission; (f) addressed, stamped envelopes for all property owners within 300 feet of the petition property (g) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. Signature(s) of All Property owner(s) or Attorney for all Qroperty Owner(s) [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 13Y SIGNING 13ELOW, WTJ, TIII; UNl)F,RSIGNRll, CONSENT' TO 'I'IiIS AI'I'LICATION AND I~URTIiElt IIEREI3Y AUTIIORI7.E I'REh'EI2RED-SOU'I'I1 13END LLC AND ITS COUNSEL, SANDERS •I'IANOWSKI, LLI','I'O ACT AS OUR AU'I'IIORIZED AGCNT IN 'TIIIS MATTER. PARCCL l; 4444 \Vest \Vestern Ave. South l3cnd, Indiana ~1GG19 I'1N: 18-4112-414802 OWN1;R; [3arakch Land Co., inc. 4444 Wcst Western Avcnuc Southl3cnd,1N 4GG19 )3ARAKCI-I LAND CO., 1NC. 13y: ~~ ~-~ MO]-IAMMBD KANAN rtit,. 1' .(j , ~ . MOI-IAMMGD SI-IA[~ASI-I ~1/L .~, ~. MOI-IAMMGD KANAN ['I'III: I2I:MAINDF.I2 Or T'IiIS I'AGI; IS IN"1'I:N'1'IUNALLY LF,I~"T I3LANK] G BY SIGNING BELOW, WE, TI~IE UNDE1tSIGNEI), CONSENT TO THIS APPLICATION AND FURTHT~:R HEREBY AUTIIORIZE PRErERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSKI, LLI', TO ACT AS OUR AUTHOI2IZEI) AGENT IN THIS MATTER. PARCEL IA: 18 root wide ship I'IN: 18-4112-414812 (Newly assigned) OWNER: University of Notre Damc Du Lac 910 rlanner Hall Notre Dame, Indiana 46556-S61 I Atha: Gregory P. I-iakanen Director of Asset Management and Real Estate Dcvelopnient UNIVERSITY Or NOTRE DAME DU LAC By: Printed N i .J es J. Lyphout Its: Vice resident for Business Operations [THE REMAINDER OIL' TIIIS PAGE IS INTEN'T'IONALLY LErT BLANIC~ 7 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSKI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 AIXSA PEREZ, [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 8 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSHI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 APEX PROPERTIES, INC. _ B ~-~ Printed Name: -~'b ~ Its: r~-E'-+I [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANKJ 9 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSKI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, 1N 46619 ~ ~,~ -1 ~ ~ :~ PERRY D N DSON BEVERL ONALDSON [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 10 PREFERRED-SOUTi~f I3y: 1\/V" ' Printed Name: 'TFio>tnAS MoRA81To [ts: MANAG~(L PETITION PREPARED 13Y: Jason G. Ward Sanders • Pianowski, LLP 300 Riverwalk Drive Clkltart, Indialta 46516 (574)294-1499 jward o,rivcrwalklaw.com CONTACT PERSON: (If different} Adant Keyser Preferred-South fiend LLC 141 W. Jacksolt 131vc1., Suite 3540 Chicago, IL G0604 (312) 327-2700 x 237 adam@preferreddevelopment.com 1V:1P-Q1Prefcrrcd Devclopmcnt•Soulh BendlRczoninglPetilion and form ofOrdcr•2.doc Fil~~ !~ Olerk's Office ~ ! ~i.~~ JOhiN VOCftBE CfTY CL~tiK, St). BENB,IN. EXI3IBIT A A parcel of land located in the Northwest Quarter of the Southwest Quarter of Section 9, Township 37 North, Range 2 East, South Bend, Indiana, described as follows: commencing at the intersection of the East line of Lombardy Drive and the North line of Part 2 of Section 7, Belleville Unit "B", an addition recorded in Plat book 19, page "B" in the Office of the St. Joseph County Recorder; thence North 00 degrees 00 minutes 30 seconds East (assumed bearing), 24 feet along said East line of Lombardy Drive to the point of beginning; thence continuing North 00 degrees 00 minutes 30 seconds East, 373.99 feet along said East line to the South line of Western Avenue; thence South 89 degrees 42 minutes 25 seconds East, 125 feet more or less along said South line to the West line of a parcel of land described to Western Manor Apartments in Instrument Number 9711319, recorded April 1, 1997, in said Recorder's Office, said West line being 125 feet East (as measured along said North line of said addition) of and parallel with said East line of Lombardy Drive; thence South 00 degrees 00 minutes 30 seconds West, 373.39 feet along said West line to a line 24 feet North of and parallel with said North line of said addition; thence North 89 degrees 58 minutes 58 seconds West, 125.00 feet along said 24 foot parallel line to the point of beginning, containing 1.07 acres more or less. ~^ n.~ ft '~iy,~ij piti~- c~Si s'.-i !}~ G Cl`~ ~~~. is ~~tn~ 12 EX)EIIBIT B PRELIIVIINARY SITE PLANS LIST OF REQUESTED VARIANCES Variance Ordinance (Chapter 21) Landscaping Variances Perimeter Landscaping 21-07.01(b) Lombardy East Side of Property Foundation Landsca ink 21-07.01(c) Landscape Islands - Parking 21-07.01(d)(2) Parking Area Variances Parking Spaces -Number 21-07.04(e) Table 21-07.04 D Parking Space Size 21-07.04(d)(1)(A)(ii) Table 21-07.04 D Parking_Setbacks 21-03.05(b)(3) Westview Lombardy Western . Drive-Thru Variances Drive-thru Waiting Spaces 21-03.011(a)(3)(G)(vi) Drive-thru Bail Out Lane 21-03.011(a)(3)(G)(iii)(b) Drive-thru lane Curbed Island 21-03.011(a)(3)(G)(v) Set-Back and Bufferyard Variances Building Set-Back 21-03.05(b)(2)(A) Lombardy Drive Rear Residential Bufferyard 21-03.05(b)(2)(C) DumpsterLocation 21-03.11(a)(3)(C)(iii) ~ ~~~~~ ~l~lwr~ ~~} ~~~E'~ ~ ~ MAg, - ~ 2C08 13 'NI 'OPY38 'OS `71~!3l~ h._I~--- ~u"fl-~3 tdr1UP 8002 5 - ~bW ~re I i ~ - - - ~ ~ - - ~~ ~ - .-~ ~ MM640 AEY[S9IttL 90CAANi pAYr MM I I LOMBARDY DRNE IINMCnrzO DwC OErzCTA{L[ vMxixO TAMIAOL COxeTpu[TDX TD CPr°pN TD IED[R/A A4A (]W1N LWBARDY n91 wAyfR sIHER API) ~b MD WgMA CWE pEWlpaal! 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NATDeY. ~~ g~ ~~~ m $ a~~ ~° ~~ 8~~~ a ~ ~F a 3 LANDSCAPE PLAN ~- 1 of 1 EXHIBIT C STATEMENT OF PURPOSE AND INTENT Petitioner is seeking to rezone the subject properties to Community Business District (CB) for the purpose of constructing and operating a Walgreens Drug Store at the proposed location. A drug store is a permitted use in a Community Business District, and rezoning of the property necessary to support the store would not be inconsistent with the City of South Bend's City Plan and would be consistent with the current and future use and development of the surrounding area. CB zoning is appropriate for this location, as it is located in a commercial district where there are numerous existing retail and service businesses that serve the surrounding area, including single-family residences and a large apartment complex located directly adjacent to the subject properly. The parcel on the corner of Western and Lombardy is currently zoned CB. The other zoned parcels are MF-1 (Urban Corridor Multi Family District) and LB (Local Business District); and a rezoning of these parcels to CB will not be inconsistent with the use of the surrounding properties and will unify the entire area for future use under a single zoning classification consistent with current use. Concurrent with the filing of this Rezoning Petition, Petitioner will be filing an Application for Minor Subdivision, to bring the subject properties under a single legal description and common use. If the new legal description based upon the minor subdivision application, which incorporates the subject properties, is not issued or otherwise approved prior to the approval of this Rezoning Petition, Petitioner requests that the rezoning be approved as to each parcel individually as requested. Further, if the new legal description based upon the minor subdivision is issued or otherwise approved, Petitioner requests that the rezoning be granted as to the property which comprises the single parcel pursuant to the minor subdivision. L^ Tae ~~ lt4 3,~1f,~'s ~'K ~ .t ,~ t pp s,t;f ~i i ~ i LU~O EXfIIBIT D SURROUNDING OWNERS Rec PARCEL ID NAME 1 STREET CITY S TATE ZIP 1 1 8-4137-5422 DELAYER RONALD JMISC 506 LOMBARDY South Bend I N 46619 2 18-4137-5423 PACHECO OLIVIA P 4442 HURON ST South Bend I N 46619 3 18-4137-5424 CHWALEK TED T. AND IRENE D. 4436 W HURON South Bend IN 46619 4 ] 8-4137-5425 CARRILLO JOSE 1226 JOYCE DR South Bend IN 46619 5 18-4140-5514 ZAKROCKI LEROY H W/ LIFE ESTATE FOR GERTRUDE ZAKROCKI 450 S LOMBARDY DR South Bend I?~I 46619 6 18-4140-5515 MROZINZKI ALICE 4441 HURON South Bend 1N 46619 7 18-4140-5516 ORANGE KYM 4433 W HURON ST South Bend IN 46619 8 18-4140-5518 DEKA GLENN J & PATRICIA S 4423 W HURON ST South Bend IN 46619 9 18-4140-5519 LOPEZ RICARDO & MARIA A 4411 W HURON ST South Bend 1N 46619 10 18-4140-5520 CIESIELSKI ERVIN J. AND MARIAN 4407 WHURON ST South Bend N 46619 ~ I 1 18-4112-414805 DONALDSON PERRY & BEVERLY 57275 WI~?TE PINE TR South Bend IN 46619 12 18-4112-414809 APEX PROPERTIES INC. %JOHN BECKER 2400 MIRACLE LANE Mishawaka IN 46545 13 18-4112-414807 BELLEVILLE CORP 2400 MIRACLE LN Mishawaka IN 46545 14 18-41]2-414803 PEREZAIXSAM.D. 1712LWWSTEA Osceola IN 4656: 15 15 18-4112-414801 BELLEVILLE CORP 2400 MIRACLE LN Mishawaka IN 46545 16 18-4112-414802 JONES LAURENCE D & 18353 FOREST BEACH DR New Buffalo Ml 49117 DOROTHY L POB 130 17 18-4112-414806 WESTERN MANOR P O BOX 730 Mishawaka IN 46546 APARTMENTS 18 18-4112-414811 KROGER COMPANY P O BOX 50409 Indianapolis IN 46250 19 18-4112-414810 KROGER LIMITED 1014 VINE ST Cincinnati OH 45202 PARTNERSHIP 1 20 18-4125-4886 TRI STATE PROPERTY 3828 MOBILE AVE Fort Wayne IN 46805 MANAGEMENT INC SUBJECT TO LEASEHOLD EST TO GAYLE S WAKEFIELD 21 18-4127-502301 FBT BANCORP INC PO BOX 1602 South Bend IN 46634 22 18-4124-4818 PHOENIX PLAZA JOINT 227 W TRADE ST STE 400 Charlotte NC 28202 VENTURE % BODNER.MGT CORP ATT MARGARET WOOD ~~,~ ~,~ ;~~b~ws -,r-,~, - ~ Zoo$ ~1:;~~~~~ ,±a. _._ 16 1200 COUNTY-CITY BUILDING 2,27 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LvECxE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR Fcbruary 21, 200E South Bend Common Council Fourth Floor Council Chambers 400 County City Building South Bend, IN 46601 Dear Council Members: ~~~1~ ~~ I S - 08` The Studebaker/Oliver Redevelopment Project is a significant brownfield revitalization project within the City of South Bend and funding the costs of this project is a priority. The attached bill for your consideration and approval will appropriate $794,576.67 from Fund No.209 to pursue the necessary redevelopment activities in the Studebaker/Oliver Project Area including costs of acquisition, relocation, demolition, site preparation, environmental assessment and remediation, and other similar costs. These funds are non-tax revenue funds that have recently been received by the City and deposited into Fund No. 209. I will attend the Council meeting on March 24th. In the meantime, please contact me at 235- 9374 or akolatat7a,southbendin.gov if you have any questions. Sincerely, l G`' ~/ Ann E. Kolata Senior Redevelopment Specialist COMMUNITY DEVELOPMENT - ECONOMIC DEVELOPMENT PAMELA C. MEYER _ DONALD E. INKS 574/235-9660 574/235-9371 FAX: 574/235-9697 i il~d nn ark's ®f#ice MAR - 5 2008 Jett; VQi;^,^vE CtT`i Clcu~ . ~v. ~~'yD, tI . FINANCIAL & PROGRAM MANAGEMENT ~~ ELIZABETH LEONARD 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $794,576.67 WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER-OLIVER PROJECT AREA Statement of Purpose and Intent: The Studebaker-Oliver Project is a significant brownfield revitalization projectwithin the City of South Bend, and funding the costs of this project is a priority. This ordinance provides for the appropriation of non-tax revenue funds on deposit in the City's Fund No. 209 to pursue the necessary redevelopment activities in the Studebaker-Oliver project area, including costs of acquisition, relocation, demolition, site preparation, environmental assessment and remediation, and other similar costs. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $794,576.67 is hereby appropriated from and set aside within Fund 209 for use in redevelopment .activities (including acquisition, relocation, demolition, site preparation, environmental assessment and remediation, disposition, etc.) taking place in the Studebaker-Oliver Redevelopment Project Area. 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. _ 6, . Member, South Bend Common Council Attest: City Clerk 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 'I s~ READING ~ v ~' ~ ~O 0 FllBLIC F;E",Rtl~!G 3'rd" RE~,DWG P~!OT APPROVED ~81~~ a~~ ,~.r r ^~ r r6i.~ - ~ G~i1JJ ,;CI~1N Vf)ai7~~E CITY CLiri~K, Eta. aEEID, IN. REFERRED PASS ED ~~ Uanch, i-/arner ~ ~1 ssociates, /nc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape ArcF~itects . Land Planners Honorable Members of the City of March 3, 2008 South Bend Common Council 4~' Floor County-City Building •South Bend; Indiana 46601 RE: Vacation Petition for a 7 ft. wide North/South Alley West of Franklin Street South of Garst Street and North of the Conrail Railroad and a 14 ft. wide East-West Alley West of Franklin Street and North of the .Conrail Railroad: Dear Council Members: Our clients, the City of South Bend and City of South Bend Redevelopment Department, the Petitioners, are requesting the approval of the Vacation of a 7 ft. wide North/South Alley West of Franklin Street South of Garst Street and North of the Conrail Railroad and a 14 ft. wide East-West Alley West of Franklin Street and North of the Conrail Railroad all being in Samuel L. Stull's Second Addition to the City of South Bend. The reason for this request is to allow for the construction of the Transpo facility and the development of lots within a new subdivision being created by the City of South Bend in an area bounded by Sample Street on the North, Franklin Street on the East the Conrail Rail and Cotter Street on the South and Prairie Avenue on the West. The City and the Petitioners believe that vacating the above mentioned right-of-ways will not have a detrimental effect on the adjacent properties located along this portion of Chapin Street. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. • Sincerely, Michael J. Danch President. Danch, Harner & Associates ~I~~C~ ~~ GIeC~'S f3~$i~y MAR - 5 2008 ~Cric~ `~;~=,gE File # 080104 "C" Md. 1643 Commerce Drive South Bend, IN 46628 otrce 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES.: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 217D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates .the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON. THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 1ST ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the. following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: Tax Key Number 18-8021-0849 Tax Key Number 18-8006-0283 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0286 Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0289 18-8006-0290 Tax Key Number 18-8006-0291 18-8006-029101 Tax Key Number 18-8006-0296 18-8006-0297 Tax Key Number 18-8006-0302 18-8006-0303 Tax Key Number 18-8006-0308 18-8006-0309 Tax Key Number 18-8006-0314 18-8006-0315 Tax Key Number 18-8006-0320 18-8006-0321 Tax Key Number 18-8006-0326 18-8006-0327 Tax Key Number 18-8006-0333 18-8006-0332 Tax Key Number 18-8006-0338 18-8027-110402 Tax Key Number 1 8-8027-110401 18-8027-1107 Tax Key Number 18-8006-0344 SECTION IV. The purpose of the vacation of the real property is to allow for the construction of the Eddy Street Commons facility. The proposed project will use the proposed vacated right-of-ways. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk 1 sfi READING PU6LiC HEARING 3 rd READING NOT APRROVE® REFERRED PASSED Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, India ~il~~ !~ Cis:°it'~ C~fiii~~e a MAR - 5 2008 JOHN VOOROE CITY CLERK, S0. SEND, IN. PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: FEBRUARY 18, 2008 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2'~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAXING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2L1D ADDITION TO THE CITY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'.S 15T ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. NAME (signed & printed) ~ ADDRESS Tax Key Number(s) Tax Key Number 18-8021-0849 Tax Key Number 18-8021-084905 City of South Bend 14~' Floor County-City Building 227 West Jefferson Blvd. South Bend; Indiana 46601 or Cit of South Bend Tax Key Number 18-8006-028001 Tax Key Number 18-8006-0283 Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0290 Tax Key Number 18-8006-029101 Tax Key Number 18-8006-0297 Tax Key Number 18-8006-0303 Tax Key Number 18-8006-0309 Tax Key Number 18-8006-0315 Tax Key Number 18-8006-0321 Tax Key Number 18-8006-0327 Tax Key Number 18-8006-0286 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-0289 Tax Key Number 18-8006-0291 Tax Key Number 18-8006-0296 Tax Key Number 18-8006-0302 Tax Key Number 18-8006-0308 Tax Key Number 18-8006-0314 Tax Key Number 18-8006-0320 Tax Key Number 18-8006-0326 Tax Key Number 18-8006-0333 2 Tax Key Number 18-6006-0332 City of South Bend, Department of Redevelopment 12~' Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 ~' For City of Sou Bend Department of Redevelopment CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 ~~ G`~r~' ~ ~~~C F~~~~ MpR _ 5 2008 ~Q,~~vo~R,~ ea~N• ~~-I ~~ 150.0' LEGAL DESCRIPTION: The first alley to be vacated is the first East/West alley South of Broadway Street from Franklin Street West to the first North/South alley for a distance of 150.5 feet, more or less, and a width of 14 feet. Being a part of Stuill's 2nd Addition to the City of South Bend, Portage Township, City of South Bend, St. Joseph County, Indiana. The second alley to be vacated is the first City of South Bend, St. Joseph County, Indiana. North/South alley West of Franklin Street from the North line of Lot 3, Stuli's 2nd Addition to the North right of way line of the Norfolk and Western Railroad line for a distance of 1,150 feet, more or less, and a width of 7 feet. Being a part of Stull's 1 st and 2nd Addition to the City of South Bend, Portage Township, 0849 18-8021 0849. 05 PENN C 1104. 02 X849,` 0849 0849 0280. O1 0283 0283. 01 0286 0286. O1 \\ I, -~~ -tiC10 ~~ t'-' W _~ J~ Y~ z~ ai ~i 0289 0290 0291 0292 0296 0297 0302 0303 0308 0309 0314 0315 0320 0321 0326 0327 0333 0332 0849 0849 0338 0338 8-800 0~ 0338 ~TRAL R.R. ~ BROADWAY ST. i~ --~ 18-a~006 0$44 ~/ i, V i o z ao 0 f8! oN q u m ~ ~ ~ ~ `~' ~ ~ ~ x ~~ ~ Q Qv ~ v LC. 1107 104. O1 ^0 1$-$027 ~ 1107 - - - / 0349 0349 STU LL ST. Property Owners Within 150 Feet Burton Investments of Indiana LLC 1220 Honan Dr South Bend, IN. 46601 Tax Key # 018 8027 110402 City of South Bend Dept. of Redevelopment 1200 County City Building South Bend, IN. 46601 Tax KPH # n~ R ~nn~ n~~~ Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0338 BJR Investment Company Inc P.O.Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 110401 US Railroad Vest, Corp. 703 Michigan Ave. Suite 4 LaPorte, IN. 46350 BJR Investment Company Inc. P.O.Box 7070 Westchester, IL. 60154 Tax Key # 018 8027 1107 Peter J Nemeth & Peter H Mullen 1406 S Franklin St South Bend, IN. 46613 Tax Key # 018 8006 0344 ~;'j' ~ i ~~ r ;,t.w t9' _ ~~ '......e.:. S- nr~. i 111 _ ~ w v v ALLEY VACATION DIAGRAM` -loo _~ 1 °SY 77.6 ~ ~ GARST .1 1 I Vac ~ ST. A •1n 87 ° h I~ 18-8021 , ~ V 1 1--------------~ B8 • ~ le-eoo R _1 j B4' i-ooeool I I ~. 1 (~ vt~ B" /\ g q1n ~~ 3-008002 0 ' 3-- 0180 olu'^ - ~~ ~ ' `` - . •0183 ~ V • ~ 0083.01 • 1 -OZBG : I I P~.Tr. 4 •meuao m 3 m P+. 0849. of I FF. 13.577 1 0849 4Q.G¢B ~,~r V 10.0184 e h $T(/LL r I .` l! • /1-0990 ". a Q+ Sr I OI 1 ~ 0991 `~- O m /59 ~'+3'•-0991 - ~l 1lrfff y •oa7t D1 -Oa9d•°I a1 J a -Da9G '~ -0198 - I -0197 -0944 I ~ -0309 0303 ; -0304 -~ -0303 I n n i I I 0308 ''~-030 ~ : R'- u~g 0 0311 I ~ , $ _ I ~ Y ^ m ' SJ`'-- 0315 Jl7 0 I I o3RO_ 4 031 c _ -0 ]3 ~ 0311 . I 18-8021 0390- ~---' •0317 - -0348 , =3f---- ~Q i dr-y,~~ - g o 34-oB~9 I m 10/.39 Q I m 3G ~BROADWA - ~ G/B.3B ---- ----- 3 ~~ n ~ 38 W.-0340.01 ~~9---- `^ v' P+. 0849.05 e • 4 ^ -0399 4~ P+. G.GA9 tG OI 7 - 3 , ¢4 0 ° I 48 ? 47 N CENTRAL F6/ 1 RR~cs = ~ ~~ 45 •. 4G .. NN C \ ` ' o ' ~•/054 /SiosG . 57 H aGo y /PE E 14 ~y~RA` -Iloezne 188 j -1 ~' G4 S I -1055 •/0 w m ./089 ~ 103~01 I 4611C h .xt~ /058- r •/o GO ~- ° ^ ^ -/oB3 _ -~- ~ B ~ ° 5 . . I I a_ f '~ , •/059 roGl /o B4 d QY 7 ~ ~ ~e JoGZ ~7DCa s 43 •roc4 8 -/odo ~C-,Y/oa7 IB-8029 ~ 3 6 N` 3 .1 /5l IS /31J 31 W 24f O2 ~ - M •p p ~Oh ~ ~ ~ y ~ 9u' -o• °O ~ ,qo `Q ° = a n ~h Q ~. 1 p`0 - S Q - iP o h ,0~0 .~ -o h c a0 ° • 1 ~ O ~ ^ aO ° O ' °o •j {e ~ ~ { 6~Yi m nl ~ V VI ~ Q o ~ry ~' ~ m f` ~ m Cr ~ o ~ n ll e1 7 G - i~ 319 n 395 .h h n 3675 ~o $ ~ 45 ~ ~ >Q t5 ~ ]3.15 ~ ~ 3395 1 G ~ 319 n • 30 - A95 6 615 ~•• -= Dianck, Harper drA~~ac tes,ln~ Land Surveyors Professional Engineers ~ ~ Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 Fox: (574)234-4119 ~ 164J Commerce Drive South Bend, IN 46628 o~~ . 51~J 7 ~ 59 ~ ~ ~ s3 • = n 54 I PT 0349 O 1 2 ALLEY VACATION DIAGRAM LEGAL DESCRIPTION FOR ALLEYS TO BE VACATED i a u N qO u 0 G ,o `o O O THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF FRANKLIN STREET RUNNING FROM THE NORTH LINE OF THE CONRAIL RAILROAD RIGHT-OF-WAY ON THE SOUTH TO THE NORTH LINE OF THE PLAT OF SAMUEL L. STULL'S 2~ ADDITION TO THE CITY OF SOUTH BEND, SAID DISTANCE BEING APPROXIMATELY 1,210 FEET AND HAVING A WIDTH OF 7 FEET, ALSO THE FIRST EAST-WEST ALLEY SOUTH OF BROADWAY STREET AND WEST OF FRANKLIN STREET LAYING BETWEEN LOT # 48 OF SAID SAMUEL L. STULL'S 2~ ADDITION TO THE CZTY OF SOUTH BEND AND LOT # 61 OF SAMUEL L. STULL'S 16T ADDITION TO THE TOWN OF MYLER, SAID DISTANCE BEING APPROXIMATELY 153.5 FEET AND A WIDTH OF 14 FEET. THE FOLLOWING PROPERTIES MAY BE INJURIOUSLY OR BENEFICIALLY AFFECTED BY VACATING THE ABOVE ALLEYS:. Tax Key Number 18-8021-0849 Tax Key Number 18-8021-084905 Tax Key Number 18-8006-028001 Tax Key Number 18-8006-028601 Tax Key Number 18-8006-0290 Tax Key Number 18-8006-029101 Tax Key Number 18-8006-0297 Tax Key Number 16-8006-0303 Tax Key Number 18-8006-0309 Tax Key Number 18-8006-0315 Tax Key Number 18-8006-0321 Tax Key Number 18-8006-0327 Tax Key Number 18-8006-0332 Tax Key Number 18-8027-110402 Tax Key Number 18-8027-1107 Tax Key Number 18-8006-0283 Tax Key Number 18-8006-028301 Tax Key Number 18-8006-0286 Tax Key Number 18-8006-0289 Tax Key Number 18-8006-0291 Tax Key Number 18-8006-0296 Tax Key Number 18-8006-0302 Tax Key Number 18-8006-0308 Tax Key Number 18-8006-0314 Tax Key Number 18-8006-0320 Tax Key Number 18-8006-0326 Tax Key Number 18-8006-0333 Tax Key Number 18-8006-0338 Tax Key Number 18-8027-110401_ Tax Key Number 18-6006-0344 ~,~{~~ ~f~tCB ,~pp 3 i r . ~ C~ ~~~-? ^ Danch, Harper dtA~soc tes, lnc. '~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-4005 / (800)594-4003 • Fax: (574)234-4119 1643 Commerce Drive South Bend, IN 46628 2