HomeMy WebLinkAboutAmending Legal Description Ordinance#10165-12 Riverfront Development ProjectORDINANCE No. 10178.12
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
August 27,
20 12
Presented by me to the Mayor of the City of South Bend, Indiana
August 28,
20
12
Approved and signed by me /emu BUST 3,0 20
City Clerk
-esident of Common Council
City Clerk
�a F
-�' Mayor
ORDINANCE NO. 01 7 �- I ),-
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE LEGAL DESCRIPTION OF ORDINANCE NO. 10165-12
WHICH IDENTIFIED THE BOUNDARIES OF A RIVERFRONT DEVELOPMENT
PROJECT AREA UNDER IND. CODE 7.1- 3 -20 -16
STATEMENT OF PURPOSE AND INTENT
On June 25, 2012 the South Bend Common Council passed Ordinance No. 10165 -12
which identified the boundaries of a Riverfront Development Project for purposes of allowing
special alcoholic beverage permits within this Riverfront area, under Ind. Code § 7.1- 3 -20 -16
(The Act). This ordinance became effective on June 26, 2012 when it was signed by Mayor Pete
Buttigieg.
Ordinance No. 10165 -12 was intended to include within its boundaries the real estate
located at 301 and 305 South Michigan Street, as well as other parcels which consist of partial
blocks, but it was recently discovered that, due to scrivener's error, such realty was not included
in the legal description in Exhibit "B" to that Ordinance. This Ordinance rectifies that legal
description oversight, and the Council finds that the newly described area is in a redevelopment
area and that the amended legally described area meets all the requirements to qualify under The
Act.
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Exhibits "A" and "B" to Ordinance No. 10165 -12 which identify real estate
within the boundaries of the Riverfront Development Project Area created by that Ordinance are
hereby amended as set forth in "Amended Exhibits `A' and `B'," attached hereto and
incorporated herein, which Amended Exhibits shall comprise the City's downtown Municipal
Riverfront Development Project Area.
SECTION II. Because it was the intent from enactment of Ordinance No. 10165 -12 that
the defined property be included within the original Riverfront Development Project Area
ordinance, this ordinance upon passage by the Common Council and approval by the Mayor,
shall be effective retroactive to June 26, 2012, the effective date of Ordinance No. 10165 -12.
Member, South Bend Common Council
.Attes
'ty Cl k
Presented by me to the Mayor of the City of South Bend, Indiana on the 2-P'�\ day
of
of 2011L,-at Z-•`(Z o'clock . m.
n
City C e k
112 ad
Approved and signed by me on the 30 day of A46US T , 20++, at S. o'clock 4L. m.
Mayor, Ci
1 si READING —�3 12-
PUBLIC HEARING -t L, as 5t,�I-OtJ
3 rd READING r_z.) —t L G[.3 Sw�S
NOT APPROVED
RUERRED
PASSED $ _L� r� a 1" 5 LJ J
AUG 2 G Z01Z
JOHN OORDE
CITY CLEM, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
39 -12 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING THE LEGAL
DESCRIPTION OF ORDINANCE NO. 10165 -12 WHICH
IDENTIFIED THE BOUNDARIES OF A RIVERFRONT
DEVELOPMENT PROJECT AREA UNDER INDIANA CODE
7- 3 -20 -16
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as amended by a change in the title specifically Ind. Code 7 -3-
20 -17 to 7.1- 3- 20 -16.
This bill was heard by the Community & Economic Development Committee.
Karen L. White
Chairperson, Committee of the Whole
1400 COUNTY --CiTY BUJLDTNG
227 W JFFFF.RSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF l ,HW
ALADEAN M. DERosE
CfryATromEY, AD INTERIM
August 24, 2012
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Bill No. 39 Exhibits A & B
Dear President Dieter:
PHONE 574/ 235 -9241
FAx 574/235 -7670
Ms. DeRose is out of the office today and per her letter to the Common Council of May
8, 2012, I attach Exhibits A & B to Bill #39 -12 consisting of the revised map and legal
description of the Riverfront Development District. Also enclosed is a copy of Exhibit `B" in
which the additions to the original legal description of Ordinance 10165 -12 are highlighted in
yellow.
Sincerely,
�6"_ Z)
Mar Arndt
Y
Paralegal
FFiled tzr.,T
",Office
cc: Don Inks, Scott Ford, Tamara Nicholl - Smith
AUG 2 4 Z 1? .
CITY CL RK, SoU
TH SENID, IN
CHERYL A. GREENE ANN -CAROL NASH
ANDREA L. BEACHKOFSKY LAWRENCE J. METFIVER JEFFREY L. SANFORD
Appendix B
Legal Description for the Downtown Municipal Riverfront District
Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St.
Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of
247.5 feet more or less; thence East 193 feet more or less to a point on the East right -of -way of a
North -South Alley; thence South along said East line 630 feet more or less to a point of
intersection with a 14 -foot wide East -West Alley; thence Southeasterly a distance of 228 feet
more: or less to a point of the South right -of -way line of South Bend Avenue; thence
Southwesterly along said South line a distance of 250 feet more or less to a point which is 142.12
feet more or less Northeasterly of the East line of St. Louis Boulevard; thence Southeasterly a
distance of 128 feet more or less to the North right -of -way line of Sorin Street; thence East along
said North line a distance of 25 feet more or less; thence South a distance of 238 feet more or
less to the South right -of -way line of Miner Street; thence West along said South line a distance
of 237 feet more or less to the Centerline of St. Louis Boulevard; thence along said Centerline a
distance of 1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said
Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South,
along said projected Centerline to a point that is 66 feet North of the North right -of -way line of
Washington Street; thence East to the East right -of -way line of St. Louis Boulevard; thence
South along said East right -of -way line to the North right -of -way line of Washington Street;
thence East on said North right -of -way line to the East right -of -way line of the first North -South
Alley East of St. Louis Boulevard; thence South along said East right -of -way line of Alley to the
South right -of -way line of the first East -West Alley South of Washington Street; thence West
along said South right -of -way line of said Alley to the centerline of the first 14 -foot North -South
Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right -of-
way line of Jefferson Boulevard; thence East along said South right -of -way line to a point 51 feet
East of the East right -of -way line of St. Louis Boulevard; thence South 72 feet; thence West 51
feet parallel with and 72 South of the South right -of -way line of Jefferson Boulevard to the East
right -of -way line of St. Louis Boulevard; thence South along said East right -of -way line to the
North right -of -way line of Wayne Street; thence East along said North right -of -way line of
Wayne Street to the East right -of -way line of Notre Dame Avenue; thence South along said East
right -of -way line to a point on the East right -of -way line of Notre Dame Avenue which is South
205 feet from the South right -of -way line of Wayne Street; thence East 173 feet; thence North
102.5 feet; thence East 171.07 feet to the West right -of -way line of Frances Street; thence South
along said West line 102.5 feet to a point of intersection with the North right -of -way line of
Quimby Street extended West; thence East along the North right -of -way line of Quimby Street
and its Westerly extension to the West right -of -way line of Eddy Street; thence South along said
West line to the South line of the Plat of Parry's Addition; thence West along the said South line
and the South line of the Plat of Beck's 1St Addition to the West right -of -way line of Frances
Street; thence South along said West line to the Northeasterly right -of -way line of Northside
Boulevard; thence Southeasterly along said Northeasterly right -of -way line to the South right -of-
way line of Sample Street; thence Southwesterly along said South right -of -way line to the
Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the
Easterly projection of the Southerly right -of -way line of Monroe Street; thence Southwesterly
along said projection and the Southerly right -of -way line of Monroe Street to the Easterly right-
of -way line of Lincolnway East (U.S. Highway #933); thence Southeasterly along said Easterly
right -of -way line to the South right -of -way line of Sample Street; thence West along said South
right -of -way line to a point which is East 137.5 feet from the Centerline line of Rush Street
projected South; thence North 300 feet; thence West 137.5 feet to said Centerline line of Rush
Street; thence along said Centerline for the next two (2) courses, North 530 feet and West 248
feet; thence North 100 feet; thence West 100 feet to the Centerline of Fellows Street; thence
North along said Centerline 210 feet to the Centerline of Bronson Street; thence West along said
Centerline of Bronson Street to the Centerline of Columbia Street; thence North along said
Centerline of Columbia Street a distance of 94 feet more or less; thence West a distance of
183.25 feet more or less to a point of intersection with the Centerline of a 14 -foot wide North -
South Alley; thence North along said Centerline a distance of 148 feet more or less to a point of
intersection with the Centerline of a 14 -foot wide East -West Alley; thence West along said
Centerline a distance of 182.95 feet more or less to the Centerline of Carroll Street; thence North
along said Centerline a distance of 212 feet more or less to a point of intersection with the
Centerline of South Street; thence West along said Centerline a distance of 213.25 feet more or
less to a point of intersection with the Centerline of a 14 -foot wide North -South Alley extended
South; thence North along said Centerline and its Southerly extension a distance of 246.25 feet
more or less to a point of intersection with the Centerline of a 14 -foot wide East -West Alley;
thence West along said Centerline a distance of 213.25 feet more or less to the Centerline of St.
Joseph Street; thence North along said Centerline a distance of 246.25 feet more or less to the
Centerline of Monroe Street; thence West on the Centerline of Monroe Street to a point that is
250 feet East of the Centerline of Michigan Street; thence North to the Centerline of Western
Avenue; thence West on the Centerline of Western Avenue to the Centerline of Michigan Street;
thence North on the Centerline of Michigan Street to a point which is 152 feet South of the
Centerline of Wayne Street; thence West parallel with and 152 feet South of said Wayne Street
Centerline 221.5 feet to the Centerline of a 14 ft. wide North -South Public Alley; thence North
along the Centerline of said Public Alley 152 feet to the Centerline of said Wayne Street; thence
West on the Centerline of Wayne Street to the Centerline of Main Street; thence North on the
Centerline of Main Street a distance of 205 feet more or less to a point of intersection with the
Centerline of a 14 -foot wide East -West Alley extended East; thence along said Centerline and its
Easterly extension a distance of 221.5 feet more or less to a point of intersection with the
Centerline of a 14 -foot wide North -South Alley; thence North along said Centerline a distance of
246.25 feet more or less to the Centerline of Jefferson Boulevard; thence West along said
Centerline a distance of 213.25 feet more or less to the Centerline of Lafayette Boulevard; thence
along said Centerline to the Centerline of Colfax Avenue; thence West on the Centerline of
Colfax Avenue to a point of intersection with the Centerline of the first North -South Alley West
of Lafayette Boulevard projected South; thence North along said centerline, in certain places
being sometimes known as St. James Court, to the North right -of -way line of La Sally Avenue;
thence East along said North right -of -way line to the West right -of -way line of Lafayette
Boulevard; thence North along the said West right -of -way line to the Centerline of Navarre
Street; thence East along the Centerline of Navarre Street to a point of intersection with the East
right -of -way line of St. Joseph Street projected North; thence South along said projection and the
East right -of -way line of said St. Joseph Street to the North right -of -way line of Marion Street;
thence East along said North right -of -way and its projection to the East to the Centerline of the
St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of
intersection with the Centerline of Corby Boulevard projected West; thence East along said
projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning.
Containing 484.50 acres more or less.
Revised 8- 23 -12.
Ted - Office
4'ZOIZ
CITY CLERK, SOUTH SEND, IN
Appendix B
Legal Description for the Downtown Municipal Riverfront District
Beginning at the intersection of the Centerline of Corby Boulevard with the Centerline of St.
Louis Boulevard; thence South along the Centerline of said St. Louis Boulevard a distance of
247.5 feet more or less; thence East 193 feet more or less to a point on the East right -of -way of a
North -South Alley; thence South along said East line 630 feet more or less to a point of
intersection with a 14 -foot wide East -West Alley; thence Southeasterly a distance of 228 feet
more or less to a point of the South right -of -way line of South Bend Avenue; thence
Southwesterly along said South line a distance of 250 feet more or less to a point which is 142.12
feet more or less Northeasterly of the East line of St. Louis Boulevard; thence Southeasterly a
distance of 128 feet more or less to the North right -of -way line of Sorin Street; thence East along
said North line a distance of 25 feet more or less; thence South a distance of 238 feet more or
less to the South right -of -way line of Miner Street; thence West along said South line a distance
of 237 feet more or less to the Centerline of St. Louis Boulevard; thence along said Centerline a
distance of 1322.5 feet more or less to the Centerline of LaSalle Avenue; thence West along said
Centerline to the North projected Centerline of the first Alley East of Hill Street; thence South,
along said projected Centerline to a point that is 66 feet North ofthe North right -of -way line of
Washington Street; thence East to the East right -of -way line of St. Louis Boulevard; thence
South along said East right -of -way line to the North right -of -way line of Washington Street;
thence East on said North right -of -way line to the East right -of -way line of the first North -South
Alley East of St. Louis Boulevard; thence South along said East right -of -way line of Alley to the
South right -of -way line of the first East -West Alley South of Washington Street; thence West
along said South right -of -way line of said Alley to the centerline of the first 14 -foot North -South
Alley lying East of Hill Street; thence South along said Centerline of Alley to the South right -of-
way line of Jefferson Boulevard; thence East along said South right -of -way line to a point 51 feet
East of the East right -of -way line of St. Louis Boulevard; thence South 72 feet; thence West 51
feet parallel with and 72 South of the South right -of -way line of Jefferson Boulevard to the East
right -of -way line of St. Louis Boulevard; thence South along said East right -of -way line to the
North right -of -way line of Wayne Street; thence East along said North right -of -way line of
Wayne Street to the East right -of -way line of Notre Dame Avenue; thence South along said East
right -of -way line to a point on the East right -of -way line of Notre Dame Avenue which is South
205 feet from the South right -of -way line of Wayne Street; thence East 173 feet; thence North
102.5 feet; thence East 171.07 feet to the West right -of -way line of Frances Street; thence South
along said West line 102.5 feet to a point of intersection with the North right -of -way line of
Quimby Street extended West; thence East along the North right -of -way line of Quimby Street
and its Westerly extension to the West right -of -way line of Eddy Street; thence South along said
West line to the South line of the Plat of Parry's Addition; thence West along the said South line
and the South line of the Plat of Beck's 1St Addition to the West right -of -way line of Frances
Street; thence South along said West line to the Northeasterly right -of -way line of Northside
Boulevard; thence Southeasterly along said Northeasterly right -of -way line to the South right -of-
way line of Sample Street; thence Southwesterly along said South right -of -way line to the
Centerline of the St. Joseph River; thence meandering Northwesterly along said Centerline to the
Easterly projection of the Southerly right -of -way line of Monroe Street; thence Southwesterly
along said projection and the Southerly right -of -way line of Monroe Street to the Easterly right-
of -way line of Lincolnway East (U.S. Highway #933); thence Southeasterly along said Easterly
right -of -way line to the South right -of -way line of Sample Street; thence West along said South
right -of -way line to a point which is East 137.5 feet from the Centerline line of Rush Street
projected South; thence North 300 feet; thence West 137.5 feet to said Centerline line of Rush
Street; thence along said Centerline for the next two (2) courses, North 530 feet and West 248
feet; thence North 100 feet; thence West 100 feet to the Centerline of Fellows Street; thence
North along said Centerline 210 feet to the Centerline of Bronson Street; thence West along said
Centerline of Bronson Street to the Centerline of Columbia Street; thence North along said
Centerline of Columbia Street a distance of 94 feet more or less; thence West a distance of
183.25 feet more or less to a point of intersection with the Centerline of a 14 -foot wide North -
South Alley; thence North along said Centerline a distance of 148 feet more or less to a point of
intersection with the Centerline of a 14 -foot wide East -West Alley; thence West along said
Centerline a distance of 182.95 feet more or less to the Centerline of Carroll Street; thence North
along said Centerline a distance of 212 feet more or less to a point of intersection with the
Centerline of South Street; thence West along said Centerline a distance of 213.25 feet more or
less to a point of intersection with the Centerline of a 14 -foot wide North -South Alley extended
South; thence North along said Centerline and its Southerly extension a distance of 246.25 feet
more or less to a point of intersection with the Centerline of a 14 -foot wide East -West Alley;
thence West along said Centerline a distance of 213.25 feet more or less to the Centerline of St.
Joseph Street; thence North along said Centerline a distance of 246.25 feet more or less to the
Centerline of Monroe Street; thence West on the Centerline of Monroe Street to a point that is
250 feet East of the Centerline of Michigan Street; thence North to the Centerline of Western
Avenue; thence West on the Centerline of Western Avenue to the Centerline of Michigan Street;
thence North on the Centerline of Michigan Street to a point which is 152 feet South of the
Centerline of Wayne Street; thence West parallel with and 152 feet South of said Wayne Street
Centerline 221.5 feet to the Centerline of a 14 ft. wide North -South Public Alley; thence North
along the Centerline of said Public Alley 152 feet to the Centerline of said Wayne Street; thence
West on the Centerline of Wayne Street to the Centerline of Main Street; thence North on the
Centerline of Main Street a distance of 205 feet more or less to a point of intersection with the
Centerline of a 14 -foot wide East -West Alley extended East; thence along said Centerline and its
Easterly extension a distance of 221.5 feet more or less to a point of intersection with the
Centerline of a 14 -foot wide North -South Alley; thence North along said Centerline a distance of
246.25 feet more or less to the Centerline of Jefferson Boulevard; thence West along said
Centerline a distance of 213.25 feet more or less to the Centerline of Lafayette Boulevard; thence
along said Centerline to the Centerline of Colfax Avenue; thence West on the Centerline of
Colfax Avenue to a point of intersection with the Centerline of the first North -South Alley West
of Lafayette Boulevard projected South; thence North along said centerline, in certain places
being sometimes known as St. James Court, to the North right -of -way line of La Salle Avenue;
thence East along said North right -of -way line to the West right -of -way line of Lafayette
Boulevard; thence North along the said West right -of -way line to the Centerline of Navarre
Street; thence East along the Centerline of Navarre Street to a point of intersection with the East
right -of -way line of St. Joseph Street projected North; thence South along said projection and the
East right -of -way line of said St. Joseph Street to the North right -of -way line of Marion Street;
thence East along said North right -of -way and its projection to the East to the Centerline of the
St. Joseph River; thence Northeasterly along the Centerline of the St. Joseph River to a point of
intersection with the Centerline of Corby Boulevard projected West; thence East along said
projected Centerline and the Centerline of Corby Boulevard to the Point of Beginning.
Containing 484.50 acres more or less.
Revised 8- 23 -12.
Filed k, Vice
4 Z U I Z �
J
CITY CLERK, SOUTH SEND, IN