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Home My WebLink About04-25-2022 Final Agenda Packet OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, APRIL 21, 2022 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 25, 2022: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/042522CC . 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON,NIEZGODSKI 1. Bill No. 18-22 – Making Juneteenth a City Holiday 3:45 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1. Bill No. 09-22 – 2413 Prairie Rezoning 4:05 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS-MORGAN 1. Bill No. 22-19 – Development Plan for the River East Development 4:20 P.M. PUBLIC WORKS &PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1. Bill No. 12-22 Alley Vacation for FNWNA Development Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Public Works & Property Vacation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT-IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, April 25, 2022 7:00 PM ***Due to Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/042522SBCC 1. INVOCATION EVANGELIST MARY WINTERS OF PENTECOSTAL CATHEDRAL CHURCH OF GOD IN CHRIST 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB- COMMITTEE HAS INSPECTED THE MARCH 11, 2022, AND MARCH 28, 2022 MINUTES AND FOUND THEM TO BE CORRECT. THEREFORE, THESE MINUTES ARE RECOMMENDED TO BE APPROVED. 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 09 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2413 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 12 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUETTE BLVD 18 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING JUNETEENTH DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2- 120 OF THE SOUTH BEND MUNICIPAL CODE TO APPROPRIATELY INCREASE THE TOTAL NUMBER OF DESIGNATED HOLIDAYS FOR OFFICERS AND EMPLOYEES OF THE CITY 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 09- 22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2413 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 12 - 22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUETTE BLVD 18-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING JUNETEENTH DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2- 120 OF THE SOUTH BEND MUNICIPAL CODE TO APPROPRIATELY INCREASE THE TOTAL NUMBER OF DESIGNATED HOLIDAYS FOR OFFICERS AND EMPLOYEES OF THE CITY 11. RESOLUTIONS BILL NO. 22 - 17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE COOPERATION OF THE CITY OF SOUTH BEND, THE SOUTH BEND HOUSING AUTHORITY, AND DEVELOPERS TO CREATE, FUND, AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND 22 - 19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION TO AMEND THE BOUNDARIES OF THE RIVER EAST DEVELOPMENT AREA AND APPROVE THE AMENDED AND RESTATED DEVELOPMENT PLAN FOR THE RIVER EAST DEVELOPMENT AREA 12. BILLS OF FIRST READING BILL NO. 15 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER’S 1ST ADDITION 19 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BLVD AND HICKORY RD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 20 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06, ORDINANCE NO. 9968-09, AND ORDINANCE NO. 10142-11 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) (THE “BONDS”), APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDED AND RESTATED TRUST INDENTURE, A THIRD AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-22-2022) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Thomas Kurzhal, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member Aaron Steiner, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Henry Davis, Jr., Chairperson Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing anne xation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Eli Wax, Member 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson Bill No. 09-22 IV County-City Building o City of South Bend 227 W.Jefferson Blvd. 14005 y Z T South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning F'ABUSt1E0' F;'l lerks Office Tuesday,April 19,2022 Q ?w South Bend Common Council 227 W. Jefferson Blvd.,4`Floor l',;; v S South Bend,IN 46601 rH BAND IN Re: Bill#09-22-A proposed ordinance of HOMELAND VILLIAGE LLC to zone from S1 Suburban Neighborhood 1 to C Commercial,property located at 2413 PRAIRIE AVE,City of South Bend-PC# 0091-22 Dear Council Members: I hereby Certify that the above referenced ordinance of HOMELAND VILLIAGE LLC was legally advertised on March 11,2022 and that the South Bend Plan Commission at its public hearing on April 18, 2022 took the following action: Upon a motion by Kyle Copelin,being seconded by Kara Boyles and unanimously carried,a proposed ordinance of HOMELAND VILLIAGE LLC to zone from S1 Suburban Neighborhood 1 to C Commercial,property located at 2413 PRAIRIE AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Angela M. Smith Zoning Administrator Attachment CC: HOMELAND VILLIAGE LLC Superclean Corporation Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President - 2 - Sharon McBride, Council President South Bend Common Council Attest: ________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2022, at _______ o’clock ___. m. __________________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2022, at ___ o’clock ___.m. __________________________________________ James Mueller, Mayor City of South Bend, Indiana Dawn Jones, City Clerk 4th Floor, County-City Building 227 W Jefferson Blvd. South Bend, IN 46601 RE: Alley Vacation for FNWNA Development March 9, 2022 Dear Clerk Jones, Filed in Clerk ·s Officer--- LMA�� 2022] DAWN M. JONES CITY CLE�_K, SOUTH BENO, IN We are excited to be moving forward in the development of affordable housing units in our neighborhood. Due to the zoning requirements, we are not allowed to create curb cuts to enter the property from Meade St. so our site plan has the garage facing the alley. Currently, the alley is not passable with overgrown bushes and even neighbor-made barriers created years ago. Our hope is to gain ownership of the area so that we might improve the pathway behind the homes with pavement, lighting, and fencing to increase the safety for homeowners entering their property from behind and make it easier to clear a path through the snow in the winter. Enclosed please find the following information compiled to support the petition for alley vacation from the Far Northwest Neighborhood Association: 1.BPW Recommendation PACKET from the Board of Public Works 2.Petition to Vacate signed by abutting property owners. 3.Draft of the ordinance 4.Envelopes addressed and stamped with certified mail for all property owners within one hundred fifty feet (150') of the right-of-way to be vacated 5.Bank check made payable to the City of South Bend for the filing fee of $150.00 Thank you for your assistance with scheduling our hearing for the upcoming council meeting. Sincerely, �-y:?w� � �L Thelma L. Williams President, Far Northwest Neighborhood Association Bill No. 12-22 File BILL NO. 12-22 Mk; ORDINANCE NO. CITY: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST.TO MARQUETTE BLVD. 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: North/South Alley between N. Meade St. and N. Kaley St. from W. Keller St. to Marquette Blvd. 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 property may be injuriously or beneficially affected by such vacating: Parcel ID#: 018-2102-FNWNA, Inc. Parcel ID#: 018-2102- 3829 3842 Richard Rufus Parcel ID#: 018-2102-3851 Craig Williams FNWNA, Inc. Parcel ID#: 018-2102-Parcel I D#: 018-2102- 3831 Parcel ID#: 018-2102-3853 3844 Richard Rufus FNWNA, Inc. Neuman J Andrew Parcel ID#: 018-2102-Parcel ID#: 018-2102-3855 Parcel ID#: 018-2102- 3833 FNWNA, Inc. 3846 Noble Indiana Neuman J Andrew Investments. LLC Parcel ID#: 018-2102- 3857 Parcel ID#: 018-2102- Parcel ID#: 018-2102-Claudia Douglas 3848 3835 Neuman James Andrew Sara Theragene Fritz Parcel ID#: 018-2102-Moody Alduff B 3828 Parcel ID#: 018-2102-Richard Rufus & Parcel ID#: 018-2102- 3837 Stephanie 3850 Jacqueline Palazzola Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3834 3839 Richard Rufus & Parcel ID#: 018-2102- Tiffany Investments, Stephanie 3852 LLC Neuman James Andrew Parcel ID#: 018-2102-Moody Alduff B Parcel ID#: 018-2102-3836 3841 Grabill Joseph Parcel ID#: 018-2102- Jacqueline Palazzola 3856 Parcel ID#: 018-2102-Shelton Krista Parcel ID#: 018-2102-3838 3843 Richard Rufus & Jacqueline Palazzola Stephanie Parcel ID#: 018-2102-3 845 Section IV. The purpose of the vacation of the real property is to give property owners the ability to pave the lane for a driveway and other improvements (lighting, gateway, etc.) so they can safely enter their garage from the back of the property. Zoning requirements prevent construction of a driveway off Meade Street. The alley is currently not passable and is in very poor condition with grass and bushes preventing throughway. 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana soUT11 a Filed in Clere cs Office PEACE. FH U 9 2027_ 1865 k DAVVN M. JONES LERK SOUTH BEND, INOFFICEOFTHECITYCLR --- ------ DAINN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3/5/2022 To the Common Council of the City of South Bend, Indiana. I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: North/South Alley between N. Meade St. and N. Kaley St. from W Keller St. to Marquette Blvd. 2. THE STREET DESCRIBED AS: N/A Abutting Property Owner(s)Signatures: Name(print):Signature Address Lot Number 1. l 7_ s0' 2. i t 7 A/ f < ot8-zlo2-3B4 a 3. Fo r N W eS4. ei hlWo 60X 38a1 0l -RIOR-384T resr denf, F/VWA(A SOA &M,tl(4"Iq INTEGRITY1 SERVICES ACCESSIBILITY BIANCA L.TIRADO GRAHAM D.SPARKS GABRIEI,N.MUREI CHIEF DF.PUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.91731 www.southbendin.gov 4 pUTH 1316 COUNTY-CITY BUILDING U PHONE 574/ 235-9251 227 W.JEFFERSON BOULEVARD W FAX 574/2? - I SOUTH BEND,INDIANA 46601-1830 f rEACE in Clerk S O fiee 1865 PEAK tl9 2022 CITY OF SOUTH BEND JAMES MUELLF.R,MAYOR BOARD OF PUBLIC WORKS AWN M.JONES U l Y CLERK, SOUTH BEND IN January 12, 2021 Far Northwest Neighborhood Association, Inc. PO Box 3821 South Bend, IN 46619 fnwna2016Agmail.com; hondaroadtrip@vahoo.com RE: Alley/Street Vacation — 1707, 1707, 1713, 1725 N. Meade St. between Keller St. and Marquette Ave. (Preliminary Review) To Whom It May Concern: At its January 12, 2021 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Permit Department at(574)235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely, Is/Anne Fuchs Anne Fuchs, Clerk AF/lh ELIZABETH A.MARADIK GARY A.GILOT JORDAN V.GATHERS JOSEPH R.MOLNAR I ilcril in ClerK7ffice r,AR U 9 O Sp[JTH DAWN8 CITY CLERK, SOUTHI BEND, IN U t7 w a PEACE x x 1865 INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 12/17/2020 TO: X Tom Whitaker, Street Department X Matt Longfellow, Engineering Department - Read both (2) from Engineering X Tim Corcoran, Community Investment X Gerard Ellis, Fire Department X Brad Rohrscheib, Police Department Jonathan Erdahl, NIPSCO Oonathanerdahl@nisource.com) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION APPLICANT:Far Northwest Neighborhood Assoc. LOCATION: 1707, 1707, 1713, and 1725 N. Meade. Meade St. between Keller St. and Marquette Ave. DATE DUE: December 29, 2020 FAX OR E-MAIL TO: 235-9171 / niacobs(a-)-southbendin.gov s/Linda Martin PLEASE MAKE YOUR RECOMMENDATIONS BASED ON THE FOLLOWING IC 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. COMMENTS: By Date Tli CITY OF SOUTH BEND oF 18 a 227 W.JEFFERSON BOULEVARD DEPARTMENT OF PUBLIC WORKS r SUITE 1316 COUNTY-CITY BUILDING w a SOUTH BEND, INDIANA 46601 t'EACk X x PHONE 574/235-9251 1865 FAX 574/235-9171 Street/Alley Vacation Form Submission Date: 12/8/2020 Applicant Name: Phone#: (574) 232-5556 Far Northwest Neighborhood Assoc. Email: fnwna2016@gmail.com Property Address: 1707, 1707, 1713, and 1725 N. Meade Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E. LaSalle Ave): Meade St. between Keller St. and Marquette Ave. Is your property adjacent to the alley of interest? Yes No Do you own all adjacent properties to the alley of interest? Yes ® No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes ® No Would the vacation hinder public access to any of the following: a church,school,or Yes ® No any other public building or place? Reason for street/alley vacation and proposed use: The alley is not passable and is in very poor condition. The Association is building affordable ho using units on these lots (see attached site plan). OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: u Yes No Board of Public Works Authorized Signatures:CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS tatLa 1_:5 Elizabeth A.Maradik.President Jordan V.Gathers,Member i i1c.-O in Clerk's Office G Gary A.Gilot,Member Member t IAR 0 9 2022 ern Qq,—C 4 Joseph R.Molnar,Member Attest:Anne Fuchs,Clerk DAWN T TONES C-ITY CLERK, SOUTH BEND,IN Version 2.0[11/19/2018) Go: gle Maps E Imagery 02020 CNES/Airbus,IndianaMap Framework Data,Maxar Technologies,USDA Farm Service Agency,Map data @2020 100 ft 1713 N.Meade St. f ilod in CIerK's Office 0 1707 N.Meade St. 1707 N.Meade St. FNAR 1)9 ?021 DAWN Im ;ODES CIT'CLER-K,SOU_ H SEND,IN Filed in Clerk's Office P;AR 0 9 2022 DAWN M.JONES CITY CLERK, SOUTH BEND,IN owlvow ddMM i JV n a E.1 •,I A t `i G7 P R ,;E T T I P 1.r r? W+N1AROti; i i _Y E . T R l_ ._ 18,=2102.38 1 Z t ;- 1.8 21+ 13-38591 13 a.. I I - 1 I I L b 1 1 S- 1 l)L 1 1 r 1 r +• i 18 C 77 Mom 1 101`3$3 1 102- 1R 1u338 .4 y+ t}7302-3$36 1 21+t r .:, < 4 rrwa 01 -210 -3838 1%11 1 i,7 714, Mm& 3$7U alb ill..' 3 ;4 t~ 01 -21 G 7`4 4 018-31 018-2102- 18-21 F= .. 1•5 lij X18;2103a382 k 01$-2102-3850 18;1G2=3851 r 11 , i : i s 1 =2102-385? rj 18 2102-385 3-3883 .- r t18 Z1(l2-385S 018-210313884 018-210 -3885 71'/u lb ?lii2-385.7 001-2103_`-3$ 0 -21 5-391 nn W KELIER•ST WIKELLER T 018-210-3 20 018°2105-3921 It f VA 018=2105-393 Z April 7, 2022 Sharon McBride CITY OF SOUTH BEND MAYOR JAMES MUELLER OFFlCE OF THE MAYOR President, South Bend Common Council 227 W. Jefferson Boulevard, Suite 400 County City Building South Bend, IN 46601 r------. . --------Filed in Clerk's Office [ APR u�7 2022 / DAWN :vi JONES CITY CLERK, �<2_l}��➔ BEND, IN RE: Ordinance to Declare Juneteenth a City Holiday and To Amend South Bend Municipal Code Dear Council President McBride: I tender to you with honor, civic pride, and enthusiasm the attached ordinance declaring Juneteenth a designated holiday for employees of the City of South Bend, and for an appropriate amendment to the South Bend Municipal Code. This holiday is rich in history. It marks the day, June 19, 1865, on which news of President Lincoln's Emancipation Proclamation finally reached the last of enslaved persons, then living in Galveston Texas. That date was over two years after the Emancipation Proclamation had actually been signed. Juneteenth was declared a federal holiday by President Joe Biden on June 17, 2021. He noted then what we should all keep in mind as we observe this holiday, that it is a day for the celebration of freedom and the eradication of slavery, but also "a day of reflection and action." True equality remains a promise that we must pursue until it "is fulfilled for everyone of us" in this city, this state, and in this nation. I will present this ordinance to the Common Council at the appropriate Committee meeting and at the regular evening meeting. I hope it will be an ordinance enacted by acclamation. Sincerely, James Mueller, Mayor 1400 COUNTY-CITY BU IL.DING· 227 W. JEFFERSON BOULEVARD· SOUTH BEND, INDIANA 46601 PHONE 574/235-926 l · FAX 574/235-9892 · TTY 574/235-5567 Bill No. 18-22 LFiledClerk' s Office 0 7 2022BillNo. 18-22 N M.i RSEND, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING JUNETEENTH DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2,ARTICLE 8,SECTION 2-120 OF THE SOUTH BEND MUNICIPAL CODE TO APPROPRIATELY INCREASE THE TOTAL NUMBER OF DESIGNATED HOLIDAYS FOR OFFICERS AND EMPLOYEES OF THE CITY STATEMENT OF PURPOSE AND INTENT On June17,2021, President Joseph Biden signed a bill which formally created a federal holiday to celebrate the freedom of the enslaved people of America at the end of the Civil War. This holiday, known as Juneteenth Day, has been known as Freedom Day, Emancipation Day, and Jubilee Day. It commemorates the delivery by federal troops on June 19, 1865, of the news of the Emancipation Proclamation, issued by President Lincoln over two years earlier,to the last of the enslaved people who were then in Galveston,Texas. In creating this federal holiday, President Biden noted that the end of slavery should be celebrated, but that Juneteenth Day should also be "a day of reflection and action." It is a day to remember, in President Biden's words, that: "We can't rest until the promise of equality is fulfilled for every one of us in every corner of this country." By recognizing Juneteenth Day as a designated holiday within the City of South Bend,officers and employees of the City can celebrate the end to the dehumanizing practice of slavery in the United States, while committing themselves anew to the eradication of prejudice and to principles of equality, equity, and freedom for every person throughout this city,State, and nation. It is fitting and appropriate that officers and employees of the City of South Bend observe Juneteenth Day as a paid holiday on June 19 of each calendar year. When June 19 falls on a Saturday as it will in 2022, it should be observed the immediately preceding Friday,June 18. When it falls on a Sunday, it should be observed the Monday that immediately follows, Monday,June 20. Because this holiday will increase the City's existing designated holidays from nine (9) to ten (10), an amendment to the South Bend Municipal Code at Chapter 2,Article 8,Section 2-120 is required. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Commencing on June 19 in calendar year 2022,Juneteenth Day shall be observed and established as a designated paid holiday for officers and employees of the City of South Bend. When June 19 falls on a Saturday as it will in 2022, it shall be observed the immediately preceding Friday, June 18. When it falls on a Sunday, it shall be observed the immediately following Monday,June 20. SECTION II. Chapter 2,Article 8,Section 2-121(a)of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec. 2-120. Holidays. a)Officers and employees shall receive ten 10 nine-(.94 designated holidays as approved by the Board of Public Works and one(1)additional non-designated holiday which can be any day of the calendar year selected by each officer or employee. b) In those years when New Year's Day falls on a Saturday the Board of Public Works shall substitute the preceding day as the destinated holiday, and such holiday shall be treated as if it fell in the same year as January 1 of the New Year for purposes of the ten (10) designated holidays of subsection (a). c) In those years when Juneteenth Day falls on a Saturday, it shall be observed the immediately preceding Friday, June 18. When it falls on a Sunday, it shall be observed the Monday that immediately follows, i.e., Monday,June 20. c+LLThis section does not apply to sworn officers or firefighters. SECTION III. 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 2022, at o'clock m. City Clerk Approved and signed by me on the day of 2022 at o'clock, .m. Filed in Clerk's Office Mayor, City of South Bend, Indiana APR 0 7 2022 DAWN M.JONES LERK,SOUTH BEND, IN Sh,u-ou L. McBride Prcsideut Sheila Niezgodski Vice President Canneth Lee Chairperson, Commiuee of the Whole Cannelh Lee First DisLrict Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner FourLh DisLrict Eli Wax Filih DisLrict Sheila Niezgodski Sixth District Karrn L. \,Vhilc AL Large Rachel Tomas Morgan At Large Lori K H,un,u111 At Large City of South Bend Common Council ,J.;l.l Counly-City Building• '2'27 W. Jefferson Bini South Bell([, Indiana ,(.6601 March 23, 2022 Filed in Ck•rk's Office �-! MAR <'. 3 ?022 L,r===---j DAWtlj M J01-.i�$ South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 CITY CL![RK, SOU fH at�ND, IN - Re: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE COO PERA TIONOF THE CITY OF SOUTH BEND, THE SOUTH BEND HOUSING AUTHORITY AND DEVELOPERS TO CREATE, FUND AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND Dear Council Members: On April 26, 2021, this Council passed a resolution calling for a recomrnitment to the partnership between the City and the Housing Authority of South Bend to work together to create and implement an affordable housing plan for the City. Since that time, the Housing Authority has taken several actions with respect to Rabbi Shulman apartments together with the Monroe Circle Apartments, many of which some Council members learned about only after the fact and through the media. This proposed resolution emphasizes the need to create, implement and fund an affordable housing initiative for South Bend through the cooperation of the Council, the City, the Housing Authority and the Common Council. The resolution notes that in order for the partnership referred to in the April 28, 2021, to work both effectively and efficiently, must be open, honest and transparent. We ask that this resolution be scheduled for discussion by the Residential Neighborhoods Standing Committee at its March 28, 2022, meeting and later that evening at the full Council meeting. Thank you for your consideration. (57 (.) 2:1S-9a2 l • Fax (57 (.) 2:15-9 I 7a • TDD (.57•0 2�Vi-55G7 • http://w,nr.souLhhrndin.gO\· Bill No. 12-17 TH 8 City of South Bend U dj W PEACE; Common Council I I I Cotunty-City Building • 227 W.Jeffcrson l;lr-cl 1865 r South Bcnd, Indiana-46601 VLuxssau+ 't Sincerely yours, K Henry Davis, Jr., 2nd District Lori K. Ha ann, At- Large 574) 235-9321• Fax(574) 235-9173 TDD (.574) 235-5567 • littp://www.soutlibeudin.gov Filed in Clerk's Office BILL NO. 22-17 MAR 2 3 '102z RESOLUTION NO. 0 A W M:DNS C12 CLERK SOUTH BEND. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,CALLING FOR THE COOPERATION OF THE CITY OF SOUTH BEND,THE SOUTH BEND HOUSING AUTHORITY AND DEVELOPERS TO CREATE,FUND AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND G," on April 26, 2021, the South Bend Common Council passed a resolution calling for a recommitment to the partnership between the City of South Bend and the Housing Authority of South Bend to work together to create and implement an affordable housing plan for low-income residents of South Bend; and 6 , on September 28, 2021, the South Bend Housing Authority gave an update to the South Bend community, indicating that the Housing Authority was, at that time, seeking proposals from developers to demolish and replace the Rabbi Shulman apartments together with the Monroe Circle Apartments; and the Housing Authority, at that time, said that replacement buildings would be a"reposition", i.e., change from public housing to a different type of affordable housing; and the Housing Authority has phased out many of the residents of these two complexes,but fully intends to "bring them back into the new buildings" after they are finished; and C it was reported in February 2022 that the Housing Authority was partnering with developers McCormick, Baron, and Salazar to host meetings with the residents to determine the future layout of the complexes; and 6)6" some members of the Common Council learned about these transactions only through media accounts, and not through any updates or other reports from the Housing Authority; and W" in order to work both effectively and efficiently, the partnership referred to in the September 28, 2021,resolution must be open, honest and transparent; and under federal and state legislation resulting from the COVID-19 pandemic, additional funding for affordable housing has been made available to local government entities, with more funding still to come; and 6 ate,the need for affordable housing is now greater than ever before generally due to the COVID-19 pandemic, but also, more specifically, due to the need to relocate the residents of the Rabbi Shulman Plaza and Monroe Circle Apartments; and the solution to the affordable housing crisis does not rest alone with the Housing Authority, but requires the cooperation of developers and the City of South Bend to remove the barriers to building affordable housing in our neighborhoods; and CA",the current unique circumstances of increased need and additional availability of resources mandates the recommitment of the City of South Bend, the HASB, and developers to work together to not only create, but to implement, a housing plan for the City that is "safe, desirable, and affordable with superior services" for residents; and 6 ,simply recommitting to work together and cooperating is not sufficient; the City must earmark funds to eliminate the barriers to affordable housing wherever those barriers exist. Section I. The South Bend Common Council hereby commits to working with the South Bend Housing Authority, the City Administration and developers to remove barriers to create and implement an affordable housing initiative. Section II. The South Bend Common Council urges the City Administration to ear mark funds from whatever sources available to eliminate barriers to safe, desirable, and affordable housing. Section III. Such a plan will benefit not only the residents of that housing, but also all other residents in the City of South Bend. Sharon McBride, President South Bend Common Council Filed in Clerk's Office f APR ?-n�� DAWN M.JONES CITY CLERK, SOUTH BENO, INCITY OF SOUTH BEND COMMUNITY INVESTMENT Santiago Garces, Executive Director April 18, 2022 Sharon McBride President, South Bend Common Council 4th Floor, County-City Building South Bend, fN 46601 Re: Resolution to Approve of the Written Order of the South Bend Plan Conunission Regarding the Proposed Tax Increment Finance ("TIF") Area Realignment Dear President McBride: Enclosed for consideration by the Common Council is a resolution which approves of the written order of the South Bend Plan Commission (the "SBPC") evidenced by a resolution adopted by the SBPC on April 18, 2022 (the "SBPC Resolution"), in connection with the proposed realignment of the River East TIF Area located in the City of South Bend (the "City"). The SBPC Resolution approved of action taken by the South Bend Redevelopment Commission (the "Redevelopment Commission") on April 14, 2022, to adopt declaratory resolutions for the purpose of: (i)(i) designating and declaring certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area (the "River East Area"); (ii) adding certain parcels of property to the River East Area property acquisition list; and (iii) approving an amended and restated development plan for the River East Area (the "River East Plan"); and The purpose of the proposed TIF realignment is to more accurately reflect the boundaries of the redevelopment and economic development areas in the City in light of the ongoing development plans for the City. Moreover, the realignment serves the inter-related goals of fiscal stewardship, economic development, and neighborhood revitalization. Through this action the City will be able to address infrastructure, grow community assets, and aid development projects to support a high quality of life while also continuing a proactive approach to job creation and new investment. This resolution is part of the approval process required under Indiana Code 36-7-14, which approval process would conclude with consideration by the Redevelopment Commission of confinning resolutions following a public hearing after approving action by the Common Council on the attached resolution. EXCELLENCE ACC OUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 22-19 CITY OF SOUTH BEND I COMMUNITY INVESTMENT Tim Corcoran from the Department of Community Investment will be presenting this item to the Council during their April 25`h meeting. Thank you for your consideration of this resolution. Filed in Clerk's Office Sincerely, APR n 7077 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Tim Corcoran Enclosure Page 12 EFied in Clerk's Office BILL N0. 22-19 APR 2022 DAWrJ- lUrvES RESOLUTION NO. ERK, SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE CITY OF SOUTH BEND PLAN COMMISSION APPROVING A DECLARATORY RESOLUTION AND AMENDED AND RESTATED DEVELOPMENT PLAN FOR THE RIVER EAST DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission'), governing body of the City of South Bend (the "City") Department of Redevelopment (the Department") and the Redevelopment District of the City of South Bend, Indiana (the Redevelopment District"), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36-7-14, as amended from time to time (the"Act"); and WHEREAS, the Commission on April 14, 2022, approved and adopted its Resolution No. 3548 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River East Development Area and the River East Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters"(the"River East Declaratory Resolution"); and WHEREAS, the River East Declaratory Resolution (i) designated and declared certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area(the"River East Area"); ii) added certain parcels of property to the River East Area property acquisition list; and iii) approved a Second Amended and Restated Development Plan for the River East Area (the River East Plan"); and WHEREAS,on April 18,2022,the City of South Bend Plan Commission(the"Plan Commission") adopted and approved its resolution, a copy of which is attached hereto as Exhibit A,determining that the River East Declaratory Resolution and the River East Plan conforms to the plan of development of the City, and designated such resolution as the written order of the Plan Commission approving the River East Declaratory Resolution and the River East Plan, as required by Section 16 of the Act (the"Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the legislative body of the City; and WHEREAS, the Common Council of the City (the "Common Council") is the legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to continue to proceed with the redevelopment and economic development of the River East Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Plan Commission Order is hereby approved, ratified and confirmed in all respects. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Filed in Ciern'S O ffico APR 1 2021 A'''v k4JONESCITYC:LEii ;nJTH 'END, 2 - EXHIBIT A Plan Commission Order See attached Filed in Clerk S 7ceAPR DAWN M.JONES CITY CLERK,SOUTH BEND,IN LFed in Cler,, 5 Office APR "I 2022 RESOLUTION NO. 1-aJL, DAWN M.JONES LERK,SOUTH BEND,IN RESOLUTION OF THE SOUTH BEND PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION TO AMEND THE BOUNDARIES OF THE RIVER EAST DEVELOPMENT AREA AND APPROVING THE AMENDED AND RESTATED DEVELOPMENT PLAN FOR THE RIVER EAST DEVELOPMENT AREA WHEREAS, the South Bend Area Plan Commission (the "Area Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the"City"); and WHEREAS,the South Bend Redevelopment Commission(the"Commission"),the governing body of the South Bend Department of Redevelopment(the"Department')on April 14, 2022, approved and adopted its Resolution No. 3548 entitled "Resolution of the South Bend Redevelopment Commission Amending the Boundaries of the River East Development Area and the River East Development Area Allocation Area No. 1, Amending and Restating the Development Plan for Said Area and Regarding Related Matters" (the "River East Declaratory Resolution"); and WHEREAS, the River East Declaratory Resolution (i)designated and declared certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area;(h)added certain parcels of property to the River East Area property acquisition list; and (iii)approved an amended and restated development plan for the River East Area(the"River East Plan"); and WHEREAS, the Plan Commission desires to approve the River East Declaratory Resolution(the"Declaratory Resolution") and the River East Plan; and WHEREAS, the Commission has submitted the Declaratory Resolution and the River East Plan to the Plan Commission for approval pursuant to the provision of Indiana Code 36-7-14, as amended (the"Act"), which Declaratory Resolution and River East Plan are attached hereto and made a part hereof; and WHEREAS,pursuant to the provisions of the Act,the Plan Commission desires to issue its written order approving the Declaratory Resolution and the River East Plan; NOW, THEREFORE BE IT RESOLVED by the South Bend Plan Commission, as follows: 1. The Declaratory Resolution and the River East Plan conform to the plan of the development of the City. 2. The River East Plan is in all respects approved,ratified and confirmed. 3. The River East Declaratory Resolution(i)designating and declaring certain territory to expand the existing River East Area; (ii) adding certain property to the River East acquisition list; and (iii)approving the River East Plan is in all respects approved, ratified and confirmed. j 4. This Resolution hereby constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the River East Plan pursuant to Indiana Code 36-7-14-16. I 5. The Secretary of the Plan Commission is hereby directed to file copies of the Declaratory Resolution and the River East Plan with the minutes of this public meeting. PASSED,ISSUED AND APPROVED by the South Bend Plan Commission this day of April, 2022. SOUTH BEND PLAN COMMISSION L Pr ant LFi Office ATTEST: 22 ES BEND,INSecret* 2 - Filed in Clerk's Office LAPR 2 20?7 DAWN M.JONES CITY CLERK,SOUTH BEND,IN RIVER EAST DEVELOPMENT AREA PLAN CITY OF SOUTH BEND 2019 Table of Contents Purpose........................................................................................................................2 History of River East Development Area ....................................................................2 Location of River East Development Area..................................................................2 Development Area Activities......................................................................................2 Goals / Objectives.......................................................................................................3 Tax Increment Financing ("TIF") District.....................................................................5 StatutoryFindings.......................................................................................................5 Acquisition of Real Property in the River East Development Area.............................6 Procedure for Amendment of the River East Development Area Plan ......................6 APPENDIX ...................................................................................................................7 Appendix A— MAP OF DEVELOPMENT AREA BOUNDARY ......................................8 Appendix B — LEGAL DESCRIPTION....................................................................... 10 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST ..................... 11 Appendix D — DEVELOPMENT AREA PLAN DOCUMENTS..................................... 30 1 Purpose The purpose of the River East Development Area Plan is as follows: To provide a broad vision and strategy for the economic and physical revitalization of the River East Development Area, and To establish a framework for ongoing collaborative planning efforts involving residents and other property owners, business owners, civic associations, institutional partners, and local government. To promote high quality, impactful projects consistent with best practice planning principles. History of River East Development Area The South Bend Redevelopment Commission designated the East Bank Development Area in 1980 [Declaratory Resolution No. 626 and Confirming Resolution No. 630]. This development area was merged with the Central Downtown Urban Renewal Area and the Monroe Sample Development Area [Declaratory Resolution No. 727 and Confirming Resolution No. 729] in 1985 to create the South Bend Central Development Area. The Northeast Neighborhood Development Area was created in 2003 [Declaratory Resolution No. 2016 and Confirming Resolution No. 2021] In 2014,the portion of the South Bend Central Development Area located east of the St.Joseph River was merged with the Northeast Neighborhood Development Area and was expanded southeast along the river to the Farmers Market area to create the River East Development Area. [Declaratory Resolution No. 3228 and Confirming Resolution No. 3255] Location of River East Development Area The River East Development Area includes all or most of the Northeast, East Bank, and Howard Park neighborhoods and the Farmers Market area. The development area boundary is more specifically represented by the boundary map in Appendix A and in the legal description found in Appendix B. Development Area Activities The goals and objectives for the River East Development Area will be accomplished through a combination of public and private actions. Public actions may be any redevelopment activities permitted by state law, including, but not limited to, the following: 1. Provision for public works improvements to infrastructure, such as streets and roads, sidewalks, curbs, water mains, storm drains, sewers and other utilities, lighting, traffic controls, and landscaping of public spaces and rights-of-way; 2. Vacation and dedication of public rights-of-way; 3. Provision for other public facilities and improvements such as:fire stations, public safety, public educational facilities, and parks; 4. Property acquisition and the assemblage of properties for the siting of new development; 5. Relocation of individuals, households, or businesses; 6. Disposition of assembled sites, rehabilitated structures, and other properties; 7. Rehabilitation or demolition of built structures; 2 8. Environmental study and remediation of properties; 9. Pre-development activities, such as engineering, architectural work, planning, professional services,traffic analysis, market area analysis, marketing, program development, title, survey, appraisal, and legal work; or 10. Any other activity pertaining to planning and implementing the River East Development Plan. Activities, as well as goals and objectives, may be further detailed in adopted neighborhood and master plans for areas within the River East Development Area. These plan documents are listed in Appendix D. The following are the goals and objectives for the River East Development Area: Goals/Objectives 1. Land Use and Growth: Encourage sustainable growth that preserves and enhances the character of the City of South Bend (the "City") and ensures compatibility of land uses in the community. a. Support the use and redevelopment of land in accordance with established plans. b. Prioritize development in established areas over development at the edge of the city. c. Promote high quality neighborhoods, especially those that offer neighborhood- scale commercial services, employment opportunities, and community spaces. d. Foster urban density, including among residential uses. e. Support mixed-use development, especially when concentrated downtown or in neighborhood centers. f. Facilitate the creation of development sites. g. Promote projects that best maximize the assessed value of the property. h. Reinforce connectivity between University of Notre Dame and East Bank/ Downtown South Bend 2. Transportation: Provide a balanced transportation system that is integrated locally and regionally and employs Complete Streets principles. a. Design a transportation network for all users that supports access, mobility, and health by providing streets that are safe, convenient, accessible, and attractive. b. Provide a transportation system that improves mobility, especially by connecting residents to centers of commerce, employment, and recreation. c. Partner with businesses, private developers, institutions, and other governmental agencies to develop transportation facilities that provide better access within and beyond the City's borders connecting to other regional metropolitan areas. 3 3. Public Infrastructure and Facilities: Provide efficient and progressive public infrastructure and facilities that accommodate future growth and meet the community's changing needs. a. Construct and plan for the long-term maintenance of street, streetscape, parking, utility, and other basic infrastructure improvements that stimulate private development, especially in already established areas of the City. b. Support the development of conventional and emerging technology-based infrastructure, particularly in ways that maximize aesthetics and mitigate any negative impacts. c. Provide well maintained parks,trails, and other recreational and cultural facilities that are easily accessible to the community. d. Provide municipal buildings and facilities necessary to serve the community. 4. Housing:Achieve a thriving housing market within the City that offers appealing neighborhoods with diverse housing choices. a. Encourage housing options for all household types, abilities, age groups, and income levels. b. Facilitate a full range of housing types, varying in size, arrangement, style, and amenity. c. Support the renovation of existing housing stock to meet the community's housing needs. d. Promote the development of workforce housing. 5. Economic Development: Promote a healthy, diversified, and inclusive economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. a. Stimulate the creation, retention, and expansion of business, particularly in expanding and export industries. b. Market the City to businesses and developers through a deliberate strategy. c. Encourage economic opportunities in geographies across the City. d. Encourage the use of arts and culture as an economic generator. e. Protect and increase the personal and real property tax base of the area. 6. Sustainobility and Environmental Management: Promote sustainable environmental management that enhances the quality of air, water, and land resources, and preserves the St. Joseph River as an irreplaceable resource. a. Utilize principles of sustainable design, development, and practice. b. Facilitate the productive reuse of brownfield properties. c. Expand the role of the St.Joseph River and other waterways as centers for recreation and natural habitat. d. Encourage the preservation and expansion of the urban tree canopy. e. Support the development of projects that promote the health of city residents. 4 7. Placemaking and the Built Environment: Promote an attractive public realm that preserves and enhances the City's history and built environment. a. Support walkable urban development. b. Encourage urban design that creates or enhances a sense of place, provides vibrancy, incorporates arts and culture, and fosters safety. c. Integrate parks and trails into the city using urban design principles. d. Prioritize projects that preserve and rehabilitate existing buildings over ones of new construction. e. Support development that is context sensitive and conserves the historical, architectural, and social fabric of the City. 8. Education & Training: Provide educational and training opportunities that support people of all ages to participate successfully in the economy. a. Ensure a strong match between job skills among the population and present and future needs of employers. b. Partner with organizations and institutions to enhance educational opportunities for youth from early childhood, pre-K to Grade 12, post-secondary and higher education. c. Partner with organizations that offer internships, co-ops, apprenticeships, continuing education, lifelong learning, and other job training programs. Tax Increment Financing("TIF') District The South Bend Redevelopment Commission may implement the use of TIF within a redevelopment area pursuant to state law (I.C. 36-7-14). TIF districts target blighted areas in order to transform them into viable areas making the community more appealing and attractive for economic development, which creates a better quality of life for the districts' residents. TIF districts are powerful and effective tools that may provide financing for infrastructure improvements within redevelopment projects which may, in turn, entice market dollars back into abandoned and dilapidated areas. The lifespan of a TIF district varies based upon the time of its creation. TIF creates revenues for improvements without raising taxes, offers incentives for businesses and developers, and builds communities. TIF works by capturing additional property tax revenue due to the revitalization of a designated area. The assessment rate of the year in which the TIF is established is used as the base year, and tax revenues generated due to the increase in assessment over the base year assessment of properties within the TIF district are set aside for use in that TIF district. Thus, no new taxes or increases in tax rates occur, rather TIF funds are generated when property values improve due to the overall improvement of the TIF district. Statutory Findings The River East Development Area Plan meets the following required findings by the Redevelopment Commission pursuant to State Law (36-7-14-15(a)): 5 1. The River East Development Area is an area in the territory under its jurisdiction and is an area needing redevelopment; 2. The conditions described in state law (I.C. 36-7-1-3) cannot be corrected in the River East Development Area by regulatory processes or the ordinary operations of private enterprise without resorting to state law(I.C. 36-7-14); 3. The public health and welfare will be benefitted by the amendment of the resolution or plan, or both, for the River East Development Area; and 4. The amendment is reasonable and appropriate when considered in relation to the original resolution or plan for the River East Development Area and the purposes of state law I.C. 36-7-14; and 5. The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. Acquisition of Real Property in the River East Development Area In connection with the accomplishment of this River East Development Plan,the South Bend Redevelopment Commission shall include all parcels with the boundaries set forth above on the acquisition list attached as Appendix C and shall follow the procedures set forth in state law I.C. 36-7-14-19 or I. C. 36-7-14-19.5). Procedure for Amendment of the River East Development Area Plan The River East Development Area Plan may be amended by resolution of the South Bend Redevelopment Commission in accordance with state law (I.C. 36-7-14-17.5), which currenVy has requirements for Council and public input and comment. Any change affecting any property or contractual right may be made only in accordance with applicable state and local laws. 6 APPENDIX Appendix A — MAP OF DEVELOPMENT AREA BOUNDARY Provides boundary,streets,public improvements per IC 36-7-14-15(b)(1) W aj It, 41- rQ d00MNObI N NJ A"WgS0A N 76 s N ` 2'' 9 _ 9 LA Ulf x ......c::: Q; r y w i s UU O Z 8 w.aE at 1• >.. . J . 111 E tL l$ON RD 7 L a[wu««., 9 L'V"_ y'" r; 1/ E law ww.a.` s °t E+[.o.ww[nE..., 6 A. h 4 wn r S ` F ! et..»..... 4 a 6 y#..ao<[,' eras o. E..•aeOYkw g t<rm..e F— = E!.v..c.w.•r i `Q i I E, i 3 Z [ r.or.o sr f`r 80 -` aewew awEe..vE a..lnr...• , stl i = j.la.tE» [•6[• Ov S[ t0011F![w t S F d C i V 9 GS w t v.rl vt 1. y Q yS( d`< G f I O a F r y l.M.9, EMbl...4 O 6 w fw.lc•+t!. sv N. O1 Y rW„,.. L I e-,,,. 6 y° L F f< k N J to wvww.• F € y Z MCKINLEY_AVYO.•E..<! L.<: I f LY LASH LE AVE _ N s E F r.r.ui re f 0 t l..r.vr q ap I nd 9. f rN AVE' Q WESTERN AVE I l off. o f Q 4FFERSON BLVD i u CO l,ayT..•. F r Vn 9L AVE r SAMPLE ST 7 EYRaGEE E. 0 lMgFtr,. GI I t E ENGbYMY tt t N , `^ h r ft.M.U.. Q• [ EY IMF I N. 11j !» bti..•i CJJ L rorrM C g I t • Or Rroer fast Development Area CityLimit 6 River East D e v e I o p m e n t Area City of South Bend Appendix B — LEGAL DESCRIPTION 11 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THE ST.JOSEPH RIVER WITH THE CENTERLINE OF CORBY BOULEVARD EXTENDED WEST; THENCE MEANDERING IN A SOUTHERLY AND SOUTHEASTERLY DIRECTION ALONG THE CENTERLINE OF SAID ST.JOSEPH RIVER TO A POINT WHICH IS PERPENDICULAR TO AND 100 FEET MORE OR LESS WEST OF THE NORTH-SOUTH QUARTER LINE OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,ST.JOSEPH COUNTY, INDIANA,THENCE SOUTH TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-7073-2693 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL AND ITS' SOUTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLNWAY EAST; THENCE EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT WHICH IS PERPENDICULAR TO AND 66 FEET MORE OR LESS SOUTH OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18- 7079-288409 IN RECORDS OF SAID AUDITOR'S OFFICE; THENCE NORTHERLY, 66 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID PARCEL AND THE NORTHERLY LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-7079-2884 IN RECORDS OF SAID AUDITOR'S OFFICE TO THE NORTHEAST CORNER OF SAID PARCEL;THENCE NORTHERLY TO THE CENTERLINE OF THE ST. JOSEPH RIVER; THENCE IN A WESTERLY DIRECTION ALONG SAID CENTERLINE TO A POINT WHICH IS PERPENDICULAR TO AND 40 FEET MORE OR LESS EAST OF THE NORTH-SOUTH QUARTER LINE OF SAID SECTION 18; THENCE NORTH TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NORTH SIDE BOULEVARD; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF LOT 39 OF THE PLAT OF "EUCLID PARK"AS RECORDED IN THE RECORDS OF SAID COUNTY EXTENDED SOUTH;THENCE NORTH ALONG SAID EXTENDED LINE,THE EAST LINE OF SAID LOT AND SAID LINE EXTENDED NORTH TO A POINT OF INTERSECTION WITH THE CENTERLINE OF FIRST VACATED EAST-WEST 14 FOOT WIDE PUBLIC ALLEY NORTH OF NORTHSIDE BOULEVARD;THENCE WEST ALONG SAID CENTERLINE TO THE EAST LINE OF A NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF LOT#40 IN SAID PLAT EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND NORTH LOT LINE TO THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 14 FOOT TO THE SOUTH LINE OF LOT#42 IN SAID PLAT; THENCE WEST ALONG SAID SOUTH LINE TO THE EAST RIGHT-OF-WAY LINE OF CLOVER STREET; THENCE NORTH ALONG SAID EAST LINE TO THE CENTERLINE OF A VACATED 14 FOOT WIDE EAST-WEST PUBLIC ALLEY LOCATED NORTH OF AND ADJACENT TO LOT # 46 IN SAID PLAT; THENCE WEST ON THE EXTENDED CENTERLINE OF SAID VACATED ALLEY TO A POINT ON THE EAST LINE OF A NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY,SAID POINT BEING 7 FEET NORTH OF THE NORTHWEST CORNER OF LOT#109 IN SAID PLAT;THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT#36 IN THE PLAT OF"HIBBERD PLACE"AS RECORDED IN THE RECORDS OF SAID COUNTY, EXTENDED EAST;THENCE WEST ALONG SAID EXTENDED LINE AND THE SOUTH LINE OF SAID LOT TO THE EAST RIGHT-OF-WAY LINE OAKLAND STREET; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A PARCEL WITH ST.JOSEPH COUNTY INDIANA AUDITOR'S TAX KEY NUMBER 18-6020-0510,EXTENDED EAST;THENCE WESTALONG SAID EXTENDED LINE AND NORTH PARCEL LINE TO THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF LOT#43 IN THE PLAT OF "OAKLAND PARK REVISED PLAT" AS RECORDED IN THE RECORDS OF SAID COUNTY, EXTENDED EAST; THENCE WEST ALONG SAID EXTENDED LINE AND SOUTH LOT LINE TO THE EAST RIGHT-OF-WAY LINE OF EMERSON AVENUE;THENCE NORTH ALONG SAID EAST LINE TO A POINTOF INTERSECTION WITH THE CENTERLINE OF HILDRETH STREET;THENCE WESTALONG SAID CENTERLINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ROBERTS STREET; THENCE NORTH ALONG SAID.EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF RUSKIN STREET;THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF LOUISE STREET;THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE FIRST 14 FOOT WIDE EAST-WEST PUBLIC ALLEY SOUTH OF MISHAWAKA AVENUE; THENCE EAST ALONG THE SOUTH LINE OF SAID ALLEY TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF ESTHER STREET; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MISHAWAKA AVENUE;THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6027-073301 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS'EASTERLY EXTENSION TO ON THE EAST RIGHT-OF-WAY LINE OF 21ST STREET;THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT # 5 IN THE PLAT OF "DUNN'S 1ST ADDITION" AS 12 RECORDED IN THE RECORDS OF SAID COUNTY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT# 5 AND ITS' EASTERLY EXTENSION TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6032-0936 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF IRONWOOD DRIVE;THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT# 31 IN THE PLAT OF "RIVER PARK ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT AND LOT#34 IN SAID PLAT AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 23RD STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT#60 IN SAID PLAT;THENCE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT # 60; THENCE EAST 14 FEET MORE OR LESS TO THE NORTHWEST CORNER OF LOT#96 IN SAID PLAT,SAID LOT CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 25TH STREET, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT#100 IN SAID PLAT;THENCE EAST ALONG THE SOUTH LINE OF SAID LOT#110 AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6034-1071 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6034- 1072 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 26TH STREET; THENCE NORTH ALONG EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1181 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1183 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL, SAID PARCEL CORNER BEING ON THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO A POINT WHICH IS PERPENDICLULAR TO AND 14 FEET MORE OR LESS WEST OF THE SOUTHWEST CORNER A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6137-4710 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE EAST 14 FEET MORE OR LESS TO SAID SOUTHWEST PARCEL CORNER;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6137-471001 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS' EASTERLY EXTENTION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 27TH STREET;THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18- 6038-1210 IN RECORDS OF THE ST.JOSEPH COUNTY,INDIANA,AUDITOR'S OFFICE;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1217 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6038-1218 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 28TH STREET;THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6043-1405 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF SAID PARCEL,SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE SOUTHEASTERLY 14 FEET MORE OR LESS, CROSSING SAID ALLEY TO A POINT OF INTERSECTION WITH THE NORTHWEST CORNER OF LOT#15 13 IN THE PLAT OF"NURSERY PLACE"AS RECORDED IN THE RECORDS OF SAID COUNTY,SAID NORTHWEST LOT CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF SAID PUBLIC ALLEY; THENCE NORTHEASTERLY AND EASTERLY ALONG THE SOUTHERLY LINE OF A 12 FOOT WIDE MORE OR LESS EAST-WEST PUBLIC ALLEY AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 16 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT#3 IN THE PLAT OF"EGGLESTON'S 1STADDITION"AS RECORDED IN THE RECORDS OF SAID COUNTY;THENCE EAST ALONG THE NORTH LINE OF SAID LOT AND ITS'EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT- OF-WAY LINE OF 30TH STREET,SAID POINT ALSO BEING THE NORTHWEST CORNER OF PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6045-1479 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL TO A POINT OF INTERSECTION WITH THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6045-148401 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL AND ITS'EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 31ST STREET;THENCE NORTH ALONG SAID EAST RIGHT- OF-WAY LINE TO THE NORTHWEST CORNER OF LOT#4 IN THE PLAT OF"FORDHAM SUBDIVISION"AS RECORDED IN THE RECORDS OF SAID COUNTY,SAID LOT CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF 34TH STREET;THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6054-1807 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE EAST ALONG THE SOUTH LIINE OF SAID PARCEL AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT#189 IN SAID PLAT,SAID NORTHWEST LOT CORNER ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 14 FOOT WIDE EAST-WEST PUBLIC ALLEY;THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND ITS' EASTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE CENTERLINE OF LOGAN STREET; THENCE NORTH ALONG SAID CENTERLINE TO A POINT WHICH IS PERPENDICULAR TO AND 35 FEET MORE OR LESS EAST OF THE SOUTHEAST CORNER OF LOT#4 IN THE PLAT OF"RIVERDALE 1ST ADDITION"AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE WEST 35 FEET MORE OR LESS TO SAID SOUTHEAST LOT CORNER,SAID LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT# 5 IN THE PLAT OF COLONIAL GARDEN'S"AS RECORDED IN THE RECORDS OF SAID COUNTY;THENCE SOUTHWESTERLY 14 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF LOT# 218 IN THE PLAT OF "BERNER GROVE 1ST ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY,SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT- OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS' WESTERLY EXTENTION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 25TH STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6063-2174 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE;THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND ITS' WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHEAST CORNER OF LOT#78 IN SAID PLAT OF"BERNER GROVE 1ST ADDITION", SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS' WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF 24TH STREET;THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE NORTHEAST CORNER OF#57 IN SAID PLAT;THENCE WEST ALONG THE NORTH LINE OF SAID LOT AND ITS'WESTERLY EXTENSON TO THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTHEAST CORNER OF LOT#50 IN SAID PLAT,SAID SOUTHEAST LOT CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF A 12 FOOT WIDE EAST-WEST PUBLIC ALLEY;THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND ITS'WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OR IRONWOOD DRIVE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE TO SOUTHEAST CORNER OF LOT#3 IN SAID PLAT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT,SAID SOUTHWEST CORNER ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY;THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT#134IN THE PLAT OF"HASTINGS,WOODWARD 14 GRAY'S ADDITION" AS RECORDED IN THE RECORDS OF SAID COUNTY, SAID LOT CORNER ALSO BEING ON THE SOUTH LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6077-2673 IN RECORDS OF THE ST.JOSEPH COUNTY,INDIANA,AUDITOR'S OFFICE;THENCE WEST ALONG THE SOUTH LINE OF SAID PARCELTO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6126-451402 IN RECORDS OF THE ST.JOSEPH COUNTY, INDIANA,AUDITOR'S OFFICE;THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL, SAID NORTHWEST PARCEL CORNER ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND ITS' WESTERLY EXTENSION TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF GREENLAWN AVENUE;THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE AND ITS' SOUTHERLY EXTENSION TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF WALL STREET;THENCE EASTALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 18-6126-451401 IN RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, AUDITOR'S OFFICE; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF MISHAWAKA AVENUE;THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE FIRST 14 FOOT WIDE EAST-WEST PUBLIC ALLEY NORTH OF MISHAWAKA AVENUE, EXTENDED EAST; THENCE WESTALONG SAID EXTENDED LINE AND THE NORTH LINE OF SAID PUBLIC ALLEYTO A POINT OF INTERSECTION WITH THE EAST LINE OF EMERSON AVENUE; THENCE CONTINUING WEST TO THE SOUTHEAST CORNER OF LOT# 711 IN THE PLAT OF "WHITCOMB & KELLER'S 3RD SUNNYMEADE" AS RECORDED IN THE RECORDS OF SAID COUNTY; THENCE CONTINUING ALONG THE SOUTH AND WEST LINE OF SAID LOT AND THE WEST LINES OF LOTS#711,#710, 709 AND#708 IN SAID PLAT AND THE NORTHERLY EXTENTION OF THE WEST LINE OF SAID LOT#708 TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF THE GRAND TRUNK WESTERN RAILROAD RIGHT- OF-WAY; THENCE NORTHWESTERLY A DISTANCE OF 100 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID RAILROAD;THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO THE SOUTHEASTERLY CORNER OF LOT#508 IN SAID PLAT;THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 41.4 FEET MORE OR LESS; THENCE SOUTHWESTERLY A DISTANCE OF 30 FEET MORE OR LESS TO THE SOUTHERLY LINE OF LOT # 507 IN SAID PLAT; THENCE NORTHWESTERLY ALONG SAID SOUTHELY LANE AND CROSSING LONGFELLOW AVENUE(70 FT.WIDE)TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID LONGFELLOW AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE TO THE SOUTHWESTERLY CORNER OF LOT # 485 IN SAID PLAT; THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER OF SAID LOT,SAID CORNER BEING ON THE EASTERLY LINE OF A 14 FOOT WIDE PUBLIC ALLEY; THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID ALLEY AND ITS WESTERLY EXTENTION TO A POINT ON THE SOUTH LINE OF LOT#434 IN SAID PLAT OF"WHITCOMB& KELLER'S 3RD SUNNYMEADE"AS RECORDED IN THE RECORDS OF SAID COUNTY;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT#434 AND LOTS 433,432,431, AND 430 TO THE SOUTHWEST CORNER OF SAID LOT 430;THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER OF SAID LOT; THENCE IN A NORTHWESTERLY DIRECTION CROSSING BELMONT AVE. (60 FT. R/W) TO THE SOUTHWEST CORNER OF LOT#425 IN SAID PLAT, SAID CORNER ALSO BEING THE EAST LINE OF A 14 FOOT WIDE NORTH-SOUTH PUBLIC ALLEY; THENCE NORTH ALONG SAID EAST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SOUTH STREET;THENCE WEST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF EDDY STREET;THENCE NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF EDDY STREET AND CROSSING SUNNYMEADE AVENUE (60 FT. WIDE),WAYNE STREET 80 FT.WIDE),JEFFERSON BOULEVARD(82.5 FT.WIDE),COLFAX AVENUE(82.5 FT.WIDE)AND CONTINIUING ALONG SAID EAST RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE CENTERLINE OF LA SALLE AVENUE;THENCE EAST ALONG SAID CENTERLINE TO THE CENTERLINE OF SUNNYSIDE AVENUE; THENCE NORTH ALONG SAID CENTERLINE TO THE CENTERLINE OF ROCKNE DRIVE;THENCE NORTHEASTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT-OF- WAY LINE OF TWYCKENHAM DRIVE; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 38 IN WOODED ESTATES AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA;THENCE NORTHEASTERLY ALONG THE SOUTHEAST LINES OF LOTS 38,37 AND 36 TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WHITE OAK DRIVE;THENCE NORTHEASTERLY TO THE SOUTHWESTERLY CORNER OF LOT 35 IN SAID WOODED ESTATES;THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINES OF LOTS 35,34,33,32,31 AND 30 IN SAID WOODED ESTATES TO THE WESTERLY RIGHT-OF-WAY LINE OF BLACK OAK DRIVE; THENCE 15 NORTHEASTERLY TO THE NORTHWEST CORNER OF LOT 48 IN SAID WOODED ESTATES; THENCE EAST ALONG THE NORTH LINE OF LOTS 48,51,52,53 AND 54 TO THE CENTERLINE OF OAK RIDGE DRIVE;THENCE NORTHERLY ALONG SAID CENTERLINE TO THE CENTERLINE OF EDISON ROAD;THENCE WEST TO THE EAST LINE OF LOT 5 VACVAL AND DAVIDSON SUBDIVISION PROJECTED SOUTH;THENCE NORTH ALONG SAID EAST LINE AND ITS PROJECTION TO THE NORTHEAST CORNER OF SAID LOT 5;THENCE WEST TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(A.K.A.S.R.23);THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE OAK HILL CONDOMINIUM;THENCE EAST ALONG SAID NORTH LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF HARRINGTON DRIVE; THENCE SOUTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD;THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF IRONWOOD DRIVE;THENCE NORTH ALONG SAID WEST LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1001-0432 AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY AUDITOR'S OFFICE;THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH BEND AVENUE (A.K.A. S.R. 23); THENCE SOUTHWESTERLY ALONG SAID LINE TO A POINT WHICH IS SOUTHEASTERLY OF THE SOUTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1106- 5397.10 AS SHOWN IN THE RECORDS OF SAID AUDITOR'S OFFICE;THENCE NORTHWESTERLY CROSSING SAID SOUTH BEND AVENUE(A.K.A.S.R.23)RIGHT-OF-WAY TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE CONTINUING NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL AND A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1106-5397.14 TO THE NORTHEAST CORNER OF SAID LAST PARCEL;THENCE ALONG THE SOUTHERLY LINE OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1106-5397.12 AS SHOWN IN THE RECORDS OF SAID AUDITOR'S OFFICE IN A EASTERLY AND NORTHEASTERLY DIRECTION TO THE SOUTHEAST CORNER OF SAID PARCEL;THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL AND ITS NORTHERLY PROJECTION TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF WAY LINE OF DUNN ROAD AND THE EXISTING CITY CORPORATE LIMIT LINE;THENCE WEST ALONG SAID NORTH LINE AND CORPORATION LINE TO A POINT WHICH IS DIRECTLY NORTH OF THE NORTHWEST CORNER OF SAID PARCEL WITH TAX KEY NUMBER 24-1106-5397.12; THENCE SOUTH TO SAID NORTHWEST PARCEL CORNER;THENCE CONTINUING ALONG THE WEST LINE OF SAID PARCEL AND ITS SOUTHERLY PROJECTION TO THE NORTHWEST CORNER OF THE PARCEL OF GROUND WITH SAID TAX KEY NUMBER OF 24-1106- 5397.14;THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SAID PARCEL AND A PARCEL WITH SAID TAX KEY NUMBER OF 24-1106-5397.10 TO A POINT OF INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE WEST ALONG SAID NORTH LINE TO A POINT WHICH 15 DIRECTLY NORTH OF THE NORTHWEST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1003-0565 AS SHOWN IN THE RECORDS OF SAID AUDITOR'S OFFICE; THENCE SOUTH TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF SAID PARCELTO THE SOUTHWEST CORNER OF SAID PARCEL;THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING A TAX KEY NUMBER OF 24-1003-0568 AS SHOWN IN THE RECORDS OF SAID AUDITOR'S OFFICE; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL TO THE NORTHEAST CORNER OF A PARCEL OF GROUND HAVING TAX KEY NUMBER 24- 1008-0618 AS SHOWN IN THE RECORDS OF SAID AUDITOR'S OFFICE;THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL TO THE NORTHWEST CORNER OF SAID PARCEL;THENCE SOUTH ALONG THE WEST LINE OF SAID PARCELTO A POINT 208.71 NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST.JOSEPH COUNTY, INDIANA;THENCE WEST PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 208.71 FEET;THENCE NORTH TO THE NORTHEAST CORNER OF THE JAMISON INN CONDOMINIUM,- THENCE WEST ALONG THE NORTH LINE OF SAID JAMISON INN CONDOMINIUM TO THE CENTERLINE OF IVY ROAD; THENCE SOUTH ALONG SAID CENTERLINE OF IVY ROAD TO THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD; THENCE WESTERLY,SOUTHWESTERLY AND WESTERLY ALONG SAID NORTH RIGHT OF-WAY LINE OF EDISON ROAD AND CHANGING TO ANGELA BOULEVARD TO THE SOUTHWEST CORNER OF A PARCEL OF LAND HAVING TAX KEY NUMBER 18-5123-4392.03 IN RECORDS OF THE ST.JOSEPH COUNTY AUDITOR'S OFFICE;THENCE NORTH ALONG THE WEST PROPERTY LINE OF SAID TAX KEY NUMBER 18-5123-4392.03 TO THE CENTERLINE OF THE NOW VACATED ANGELA BOULEVARD; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE OF THE NOW VACATED ANGELA BOULEVARD TO THE CENTERLINE OF NOTRE DAME AVENUE; THENCE WEST ALONG THE CENTERLINE OF ANGELA BOULEVARD TO THE WEST LINE OF LOT 95 UNIVERSITY HEIGHTS AS SHOWN IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY, INDIANA PROJECTED NORTH;THENCE SOUTH ALONG THE WEST LINES OF LOTS 95,94,93,92, 33 AND 32 TO THE SOUTHWEST CORNER OF SAID LOT 32;THENCE WEST ALONG THE NORTH LINES OF LOTS 29 THRU 16 6 IN UNIVERSITY HEIGHTS TO THE CENTERLINE OF LAWRENCE STREET;THENCE SOUTH ALONG SAID CENTERLINE TO THE CENTERLINE OF NAPOLEON STREET; THENCE WEST ALONG SAID CENTERLINE TO THE CENTERLINE OF NILES AVENUE;THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO THE CENTERLINE OF CORBY STREET;THENCE WEST ALONG SAID CENTERLINE AND ITS WESTERLY EXTENTION TO THE POINT OF BEGINNING. CONTAINING 986.90 ACRES MORE OR LESS. 17 Appendix C - LIST OF PARCELS ADDED TO THE ACQUISITION LIST Property Address Parcel ID Owner of Record Unimproved Parcel 018-5001-000201 WHARF PARTNERS LLC Unimproved Parcel 018-5001-000202 WHARF PARTNERS LLC Unimproved Parcel 018-5001-000204 WHARF PARTNERS LLC 502 E COLFAX AVE 018-5004-0075 BUZALSKI RAYMOND E 510 E COLFAX AVE 018-5004-007501 SINGH BHOLA 512 E COLFAX AVE 018-5004-007502 SINGH BHOLA 122 S NILES AVE 018-5010-028510 RIVER RACE TOWNHOMES LLC 323 N EDDY ST 018-5017-0576 KRUSE ROBERT Unimproved Parcel 018-5017-0586 Unimproved Parcel 018-5017-0587 Unimproved Parcel 018-5017-0588 Unimproved Parcel 018-5018-0635 NGUYEN KEVIN 535 N EDDY ST 018-5027-0962 TIFFANY JOHN A Unimproved Parcel 018-5027-0975 FERRUFINO MARTIN R& LUZ E 1046 E MINER ST 018-5027-0988 BUMBACA FILIPPO 513 N EDDY ST 018-5027-0999 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 507 N EDDY ST 018-5027-1000 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 501 N EDDY ST 018-5027-1001 MACSWAIN RYAN AND LORRAINE 741 N EDDY ST 018-5028-1010 FISCHER MICHAEL T& FISCHER MICHAEL J & FISCHER SEBASTIAN G 733 N EDDY ST 018-5028-1015 HOUSING AUTHORITY OF SOUTH BEND 729 N EDDY ST 018-5028-1016 HOUSING AUTHORITY OF THE CITY OF SOUTH BEND 727 N EDDY ST 018-5028-1017 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 723 N EDDY ST 018-5028-1022 SMITH BRENDA&JONES MOSLEY DEBRA& JONES CARLYN & ROMY& CLARENCE 715 N EDDY ST 018-5028-1025 BINGHAM MARVIN T 709 N EDDY ST 018-5028-1029 KING BROTHERS INVESTMENTS LLC 705 N EDDY ST 018-5028-1030 DORE PROPERTIES LLC 701 N EDDY ST 018-5028-1031 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 625 N EDDY ST 018-5028-1036 LESSER DANIEL AND JANETTE 621 N EDDY ST 018-5028-1037 COOREMAN STEVE A 617 N EDDY ST 018-5028-1038 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 18 615 N EDDY ST 018-5028-1039 607 N EDDY ST 018-5028-1044 GORDON ELEANOR A 605 N EDDY ST 018-5028-1045 JACKSON SHARON 601 N EDDY ST 018-5028-1046 JACKSON SHARON Unimproved Parcel 018-5030-1084 BAYSIDE LLC Unimproved Parcel 018-5038-132201 701 NILES LLC 322 N EDDY ST 018-5039-1373 CARDINAL HEALTH CARE PROPERTIES LLC Unimproved Parcel 018-5082-2851 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 538 N EDDY ST 018-5082-2852 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 534 N EDDY ST 018-5082-2853 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC Unimproved Parcel 018-5082-2866 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC Unimproved Parcel 018-5082-2880 MT OLIVE M B BAPTIST CHURCH 514 N EDDY ST 018-5082-2881 URBAN U PARTNERS LLC 510 N EDDY ST 018-5082-2882 VCC PROPERTIES LLC Unimproved Parcel 018-5082-2894 247 INVESTMENTS LLC 432 N EDDY ST 018-5083-2906 HUNT GERALD P AND JESSICA L 428 N EDDY ST 018-5083-2908 MILLER JERRY 424 N EDDY ST 018-5083-2916 JADE REALTY MICHIANA LLC&4TRON INVESTMENT LLC 422 N EDDY ST 018-5083-2920 NVNG LLC 418 N EDDY ST 018-5083-2924 DUBELYN CORPORATION 410 N EDDY ST 018-5083-2928 SLM MANAGEMENT LLC 408 N EDDY ST 018-5083-2932 LEE HARDY & ROSE M 1101 E MADISON ST 018-5083-2936 WALSH JAMES T JR TRUST & AUDREY M WALSH TRUST JAMES T WALSH JR TRUSTEE EACH TRUST HOLDS AN UNDIVIDED 1/2 INTEREST AS TIC 334 N EDDY ST 018-5083-2944 DIPU PROPERTY LLC 1106 E CHALFANT ST 018-5084-2954 DORE PROPERTIES LLC 714 N EDDY ST 018-5084-2966 GOODSELL TIM &SUYEN 706 N EDDY ST 018-5084-2967 TIFFANY JOHN P 1102 E BISSELL ST 018-5084-2978 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INC 610 N EDDY ST 018-5084-2990 PAPAGIANNIS MICHAEL 1283 E SOUTH BEND 018-5097-3423 HOUSING AUTHORITY AVE Unimproved Parcel 018-5097-3441 MILLER JEANETTE &JOHN SHERRY Unimproved Parcel 018-5102-357901 UNIVERSITY OF NOTRE DAME 19 Unimproved Parcel 018-5102-3585 BUMBACA LEONARDO 1333 E HOWARD ST 018-5102-3590 HUIZAR LINO & MARICRUZ 1337 E HOWARD ST 018-5102-3591 NVNG LLC 300 S ST LOUIS BLVD 018-6002-0031 PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % INT& LODDER DIETER W& MONIKA M TRUSTEE OF THE DIETER W &MONIKA M LODDER LIVING TRUST 75.47% INT 300 S ST LOUIS BLVD 018-6002-0031 PARKVIEW ATRIUM OFFICE PLAZA LP 24.53 % INT& LODDER DIETER W & MONIKA M TRUSTEE OF THE DIETER W & MONIKA M LODDER LIVING TRUST 75.47% INT Unimproved Parcel 018-6002-0043 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0044 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0045 SCHEFMEYER DONALD H Unimproved Parcel 018-6002-0048 SCHEFMEYER DONALD H 1024 E QUIMBY ST 018-6006-0154 FRANTZ JERRY D & BEVERLY D Unimproved Parcel 018-6006-016401 PREMIUM CAPITAL HOLDINGS INC Unimproved Parcel 018-6006-016402 THE ROBERT HENRY CORP Unimproved Parcel 018-6006-016403 ROBERT HENRY CORPORATION 404 S FRANCES ST 018-6008-0184 HENRY-WILLIAMS INC 420 S FRANCES ST 018-6008-0188 THE ROBERT HENRY CORPORATION 426 S FRANCES ST 018-6008-0189 ROBERT HENRY CORP 428 S FRANCES ST 018-6008-0190 THE ROBERT HENRY CORPORATION P.O. BOX 1407 432 S FRANCES ST 018-6008-0191 ROBERT HENRY CORP 921 LOUISE ST 1/2 018-6011-0269 RONNENBERG LLC 407 S EDDY ST 018-6013-0285 DLD REAL ESTATE LLC Unimproved Parcel 018-6013-0286 HERRMAN THOMAS J AND KATHLEEN A 421 S EDDY ST 018-6013-028701 HERRMAN THOMAS J AND KATHLEEN A 425 S EDDY ST 018-6013-0292 HERRMAN THOMAS J AND KATHLEEN A 429 S EDDY ST 018-6013-0294 HERMANN THOMAS J AND KATHLEEN 435 S EDDY ST 018-6013-0299 HERRMAN THOMAS J AND KATHLEEN A Unimproved Parcel 018-6013-0300 HERRMAN THOMAS J AND KATHLEEN A Unimproved Parcel 018-6013-030001 HERRMAN THOMAS J AND KATHLEEN A 519 S EDDY ST 018-6013-0304 KELLEY ROBERT& DEBORAH AND KELLEY KATH RYN 509 S EDDY ST 018-6013-030401 KELLEY ROBERT& DEBORAH AND KELLEY KATH RYN 525 S EDDY ST 018-6013-0310 525 SOUTH EDDY LLC Unimproved Parcel 018-6013-0311 525 SOUTH EDDY LLC Unimproved Parcel 018-6013-0314 525 SOUTH EDDY LLC 20 533 S EDDY ST 018-6013-0315 ST JOSEPH VALLEY DETACHMENT MARINE CORP LEAGUE Unimproved Parcel 018-6015-0327 WOOD CHRISTIAN L Unimproved Parcel 018-6015-0328 WOOD CHRISTIAN L Unimproved Parcel 018-6015-0329 WOOD CHRISTIAN L 1237 NORTHSIDE BLVD 018-6017-0396 MULBERRY HILL LLC 1303 E NORTHSIDE 018-6017-0402 URI INVESTMENTS LLC BLVD 1331 E NORTHSIDE 018-6020-0488 WOOD CHRISTIAN L BLVD 1345 E NORTHSIDE 018-6020-0498 ST.JOSEPH COUNTY BLDG.TRADES CNL BLVD 1345 E NORTHSIDE 018-6020-0499 ST.JOSEPH COUNTY BLDG.TRADES CNL BLVD Unimproved Parcel 018-6020-0500 ST. JOS. COUNTY BLDG.TRADE COUNCIL Unimproved Parcel 018-6020-0510 SOUTH BEND - MISHAWAKA BOARD OF REALTORS INC 1357 E NORTHSIDE 018-6020-0511 SO BEND MISHAWAKA BOARD OF REALTORS BLVD 1405 E NORTHSIDE 018-6021-0556 PARAMOUNT PROPERTIES INC BLVD 111 1301 CLOVER ST 018-6026-0703 RIVER ROCK INC 1305 CLOVER ST 018-6026-0704 RIVER ROCK INC 1313 CLOVER ST 018-6026-0706 RIVER ROCK INC Unimproved Parcel 018-6026-0707 RIVER ROCK INC 1433 E NORTHSIDE 018-6026-0708 RIVER ROCK INC BLVD 1441 E NORTHSIDE 018-6026-0724 YOUNG & NURKOWSKI CPAS BLVD 1225 S TWYCKENHAM 018-6026-072801 HOUSING AUTHORITY OF THE CITY OF DR SOUTH BEND 2022 MISHAWAKA 018-6027-073301 ST JOSEPH COUNTY PUBLIC LIBRARY AVE SEE TRANSFER NOTES 2130 E MISHAWAKA 018-6032-0936 NATIONAL OIL&GAS INC AVE 2202 E MISHAWAKA 018-6032-0969 CATALDO MARIA ROSE IRREVOCABLE TRUST AVE 2208 E MISHAWAKA 018-6032-0970 MISHAWAKA REALCO LLC AVE 2210 E MISHAWAKA 018-6032-0971 NEW PARIS DEVELOPMENT COMPANY LLC AVE 2214 E MISHAWAKA 018-6032-0972 NEW PARIS DEVELOPMENT COMPANY LLC AVE 21 2216 E MISHAWAKA 018-6032-097201 NEW PARIS DEVELOPMENT COMPANY LLC AVE 2228 E MISHAWAKA 018-6032-0973 CKD PROPERTIES LLC AVE 2302 E MISHAWAKA 018-6034-1031 JASON ADAM LLC AVE 2310 E MISHAWAKA 018-6034-103101 JASON ADAM LLC AVE 2312 E MISHAWAKA 018-6034-103102 JASON ADAM LLC AVE 2316 E MISHAWAKA 018-6034-103103 INDIANA LAND TRUST 6132 AVE 2402 E MISHAWAKA 018-6034-1050 MATHEWS SUSAN K AVE 2406 E MISHAWAKA 018-6034-105101 HOOVER JAMES EARL AND DIANA J AVE 2410 E MISHAWAKA 018-6034-1053 RIVER PARK GRACE CHURCH AVE INCORPORATED 2416 E MISHAWAKA 018-6034-1054 RIVER PARK GRACE CHURCH INC AVE 2502 E MISHAWAKA 018-6034-1055 RF GOODCHILD AVE 2508 E MISHAWAKA 018-6034-1056 GOODCHILD ROD F AVE 2512 E MISHAWAKA 018-6034-1057 LONIELLO BRADLEY S AVE 2516 E MISHAWAKA 018-6034-1058 PETERSON MICHAEL L TRUSTEE OF THE AVE MICHAEL L PETERSON REVOCABLE TRUST& LISA ANNE PETERSON TRUSTEE OF THE LISA ANNE PETERSON REVOCABLE TRUST AS TIC 2528 E MISHAWAKA 018-6034-1072 PALMER FUNERAL HOMES INC AVE 2602 E MISHAWAKA 018-6038-1181 CASKIE CAPITAL MANAGEMENT LLC AVE Unimproved Parcel 018-6038-1183 CASKIE CAPITAL MANAGEMENT LLC 2716 E MISHAWAKA 018-6038-1208 CALET PARTNERSHIP AVE 2714 E MISHAWAKA 018-6038-1209 THYME OF GRACE LLC AVE 2702 E MISHAWAKA 018-6038-1210 EMRO MARKETING COMPANY AVE 2720 E MISHAWAKA 018-6038-1217 MATTSONS MEAT MASTERS LLC AVE 22 2730 E MISHAWAKA 018-6038-1218 STOYANOV STOYAN AVE SEE TRANSFER NOTE 2802 E MISHAWAKA 018-6043-1405 HENDRICKSON SHARON LEE AVE 2810 E MISHAWAKA 018-6043-1406 HENDRICKSON SHARON LEE AVE 2904 E MISHAWAKA 018-6043-1407 FAMILY PET HOLDING LLC AVE Unimproved Parcel 018-6043-1408 FAMILY PET HOLDING LLC 2910 E MISHAWAKA 018-6043-1409 FAMILY PET HOLDING LLC AVE Unimproved Parcel 018-6045-1457 FAMILY PET HOLDING LLC 2926 E MISHAWAKA 018-6045-1458 FLAGSTAR BANK FSB AVE Unimproved Parcel 018-6045-145801 FLAGSTAR BANK FSB Unimproved Parcel 018-6045-1471 NORTH CENTRAL DISTRICT MISSIONARY CHURCH INC C/O GOSPEL CENTER CHURCH Unimproved Parcel 018-6045-1473 DOWNING MICHAEL J 3016 E MISHAWAKA 018-6045-1474 DOWNING MICHAEL AVE 3024 E MISHAWAKA 018-6045-148401 BID MICHIANA LLC AVE 3030 E MISHAWAKA 018-6045-148402 PROPERTIES OF VALUE LLC AVE 907 S 31ST ST 018-6045-148403 BID MICHIANA LLC 3502 E MISHAWAKA 018-6053-1758 ALKATTAN KAHLILJ AVE 3506 E MISHAWAKA 018-6053-1759 GREEN CITY II LLC AVE Unimproved Parcel 018-6053-175901 GREEN CITY II LLC 3302 E MISHAWAKA 018-6054-1782 TIMOTHY WARREN &ASSOCIATES INC AVE 3306 E MISHAWAKA 018-6054-1784 PROPERTIES OF VALUE LLC AVE 3312 E MISHAWAKA 018-6054-1785 BARTSCHI PAUL E III &SARAH AVE 3314 E MISHAWAKA 018-6054-1795 W &A LLC AVE 3324 E MISHAWAKA 018-6054-179501 W & A LLC AVE 3410 E MISHAWAKA 018-6054-1807 SILLJOHN A AVE 23 3414 E MISHAWAKA 018-6054-1819 WILDER LLOYD L& MARIA L AVE 3418 E MISHAWAKA 018-6054-1820 COLE JASON R AVE 3422 E MISHAWAKA 018-6054-1821 NIEDBALSKI CHRIS AVE 3102 E MISHAWAKA 018-6057-1927 XARIS PROPERTIES LLC AVE 3106 E MISHAWAKA 018-6057-1928 CHARLES S HAYES INC AVE 3112 E MISHAWAKA 018-6057-1929 SHERMAISTER MOSHE & OFFENBACH JOAB AVE 3114 E MISHAWAKA 018-6057-1939 SPLIT ENZ LLC AVE 3118 E MISHAWAKA 018-6057-1940 HOUGH HAROLD L AVE 911 S 32ND ST 018-6057-1941 HOUGH HAROLD & KARI 3122 E MISHAWAKA 018-6057-194101 LOVIN PROPERTIES LLC AVE 3202 E MISHAWAKA 018-6057-1951 POUYA PROPERTIES LLC AVE 3206 E MISHAWAKA 018-6057-1952 KAPITAN AL&SHIRLEY AVE 912 S 32ND ST 018-6057-1953 GERICKE RANDY G 3210 E MISHAWAKA 018-6057-1954 KOKOT DALE A& MARCIA A KOVAS-KOKOT AVE 1 3214 E MISHAWAKA 018-6057-1965 SIKORSKI TODD A AVE 3222 E MISHAWAKA 018-6057-1966 HULLINGER JAMES LAND JENNIFER H AVE REVOCABLE LIVING TRUST 3514 E MISHAWAKA 018-6058-1977 GATES DANIEL L J R AVE 3518 E MISHAWAKA 018-6058-1978 SCHMITT GEORGE V III AND ENID REV TRUST AVE AND AS TRUSTEES SEE TRANSFER NOTE 3524 E MISHAWAKA 018-6058-1979 WILSON DONNIS TOD AND KELLY AVE 3604 E MISHAWAKA 018-6058-1989 STACY JESSE & MARY AVE 3606 E MISHAWAKA 018-6058-1990 TEPE FURNITURE INC. AVE 24 3610 E MISHAWAKA 018-6058-1991 OLSON TERRY SCOTT& RODGERS-OLSON AVE DEBRA L 1/21NT,&WROBLEWSKI CASIMIR JEROME & CRYSTLE L 1/21NT AS TIC 3616 E MISHAWAKA 018-6058-2002 KENT MATTHEW E AND KATHERINE M AVE 3618 E MISHAWAKA 018-6058-2003 LAMBORN DENNIS & FERRARO JANET AVE 3620 E MISHAWAKA 018-6058-2004 BOURTHOUMIEU JOHN AVE 3624 E MISHAWAKA 018-6058-2005 TMQ PROPERTIES LLC AVE 911 S LOGAN ST 018-6058-2006 JBS CUSTOM HOMES LLC 837 S IRONWOOD DR 018-6061-2089 IRONWOOD MISHAWAKA LLC 100 2207 E MISHAWAKA 018-6061-2101 SOUTHLAND CORPORATION AVE 854 S 23RD ST 018-6062-2130 SOUTH BEND REAL ESTATE 4 LLC 2301 E MISHAWAKA 018-6062-2131 KAMBOJ INC AVE Unimproved Parcel 018-6062-2145 ALLICO PROPERTY MANAGEMENT LLC 2323 E MISHAWAKA 018-6062-2147 ALLICO PROPERTY MANAGEMENT LLC AVE 2407 E MISHAWAKA 018-6063-2159 BUZALSKI RAYMOND E &JUDITH AVE 2411 E MISHAWAKA 018-6063-2160 DAVID A NUFER LLC AVE Unimproved Parcel 018-6063-2174 MISHAWAKA FED SAV AND LOAN ASSO 2425 E MISHAWAKA 018-6063-2175 MISHAWAKA FED SAVINGS AND LOAN ASSN AVE 2501 E MISHAWAKA 018-6064-2189 RIVER PARK POST 303 THE AMERICAN AVE LEGION INC 2515 E MISHAWAKA 018-6064-2202 CARRICO SUSAN TRUST AGREEMENT AVE 2517 E MISHAWAKA 018-6064-2203 BUDAGOV HANI &SHMUEL AVE 2521 E MISHAWAKA 018-6064-2204 MILLER RONALD L& ELIZABETH A AVE 846 S 26TH ST 018-6065-2216 846 CAN DIDA ABRAHAMSON REVOCABLE TRUST 10/21/15 2601 E MISHAWAKA 018-6065-221601 KNAPP ANDREW H & LINDA R AVE 2605 E MISHAWAKA 018-6065-2217 LETTS KAREN AVE 25 2609 E MISHAWAKA 018-6065-2218 TADDEO HOLDINGS LLC AVE 2615 E MISHAWAKA 018-6065-2230 MANTHAY MARK A AVE 2621 E MISHAWAKA 018-6065-2231 FAMILY PET HOLDING LLC AVE SEE TRANSFER NOTE 845 S 27TH ST 018-6065-2232 FAMILY PET HOLDING LLC SEE TRANSFER NOTE Unimproved Parcel 018-6065-2233 FAMILY PET HOLDING LLC SEE TRANSFER NOTE 2623 E MISHAWAKA 018-6065-2234 DADE PROPERTIES LLC AVE 2701 E MISHAWAKA 018-6066-2247 TABARAK REAL ESTATE HOLDINGS AND AVE 1 INVESTMENTS USA LLC 2705 E MISHAWAKA 018-6066-2248 REYES MIZAEL AVE 2709 E MISHAWAKA 018-6066-2249 HALL SANDRA ROLAND AVE 2713 E MISHAWAKA 018-6066-2261 MORGAN EARL K AND NANN'i E L TRUSTEES AVE OF EARL K MORGAN & NANNIE L MORGAN FAMILY TRUST NOV 7 1996 LIFE ESTATE 2717 E MISHAWAKA 018-6066-2262 SHAN NON ROBERT P &JOSETTE M AVE 84S S 28TH ST 018-6066-2263 PAJAKOWSKI AMY A 2721 E MISHAWAKA 018-6066-2264 FETHEROLF G L& MARYELLEN AVE 2801 E MISHAWAKA 018-6067-2276 KAPITAN AL AVE 2805 E MISHAWAKA 018-6067-2277 GEAN KENNETH R AVE 2809 E MISHAWAKA 018-6067-2278 WJA PROPERTIES LLC AVE 2813 E MISHAWAKA 018-6067-2288 ROLAND-HALL SANDRA AVE 845 S 29TH ST 018-6067-2289 TAJTELBAUM NAOMI 2819 E MISHAWAKA 018-6067-2290 LESSER DANIEL AND JANETTE AVE 2821 E MISHAWAKA 018-6067-2291 WEAVER CHARLES A AVE 2901 E MISHAWAKA 018-6067-2303 WEAVER PROPERTY SERVICES LLC BRIAN K AVE 1 WEAVER 26 2905 E MISHAWAKA 018-6067-2304 WEAVER PROPERTY SERVICES LLC AVE 2911 E MISHAWAKA 018-6067-2305 GERMANO NANCY M AVE 2915 E MISHAWAKA 018-6084-2983 SOUTH BEND REAL ESTATE 2 LLC AVE SPECIAL CORP WARRANTY 2919 E MISHAWAKA 018-6084-2984 DD &J PARTNERSHIP AVE 2921 E MISHAWAKA 018-6084-2985 DD &J PARTNERSHIP AVE 2923 E MISHAWAKA 018-6084-2986 DD &J PARTNERSHIP AVE 2925 E MISHAWAKA 018-6084-2988 DD &J PARTNERSHIP AVE 2929 E MISHAWAKA 018-6084-2990 RIVER PARK THEATER LLC AVE 3001 E MISHAWAKA 018-6084-2991 BENZUR MARK A AVE 3011 E MISHAWAKA 018-6084-2993 CASTOR LIQUIDATION LLC AVE 3007 E MISHAWAKA 018-6084-299301 CASTOR LIQUIDATION LLC AVE 3013 E MISHAWAKA 018-6084-2997 MYERS DAVID E & PAMELA S AVE 3015 E MISHAWAKA 018-6084-2999 MCGOWAN & MCGOWAN LLC AVE Unimproved Parcel 018-6084-3000 MCGOWAN & MCGOWAN LLC 3023 1/2 E 018-6084-3001 EGENDOERFER KIM E MISHAWAKA AVE 3031 E MISHAWAKA 018-6084-3003 EGENDOEFER KIM E AVE 1 3101 E MISHAWAKA 018-6088-3123 ENGENDOERFER KIM AVE 3105 E MISHAWAKA 018-6088-3124 TROYER EMMETT K & CAROL L AVE 3109 E MISHAWAKA 018-6088-3125 EGENDOERFER KIM E SR AND REBECCA N AVE 3113 E MISHAWAKA 018-6088-3126 EGENDOERFER KIM E & EGENDOERFER AVE REBECCA N 3121 E MISHAWAKA 018-6088-3127 GLUECKERT JOHN C & MICHELLE C AVE 3201 E MISHAWAKA 018-6089-3151 HAWKINS CLIFFORD J &SHARITA SCOTT AVE 27 3205 E MISHAWAKA 018-6089-3152 WALKOWSKI CHRISTOPHER AND KRYSTAL AVE 3209 E MISHAWAKA 018-6089-3153 JULIES EYECARE INC AVE 3213 E MISHAWAKA 018-6089-3154 TREW PALMER BEVERLY A REVOCABLE AVE TRUST AND AS TRUSTEE 3217 E MISHAWAKA 018-6089-3155 HUPP THOMAS J AVE 3221 E MISHAWAKA 018-6089-3156 DAVIS DAVID D & LUNSFORD DAVIS PATSY AVE 3301 E MISHAWAKA 018-6091-3211 GRAY ESTATES LLC AVE 3305 E MISHAWAKA 018-6091-3212 PUGH STEPHEN T AVE 3309 E MISHAWAKA 018-6091-3213 PUGH MICHAEL D. 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SOUTH BEND AVE 024-1003-0567 BOTH FEET LLC 1723 SOUTH BEND AVE 024-1003-0569 FORTUNE WORLD INC 1707 SOUTH BEND AVE 024-1008-0619 WITT DAVID A UNIMPROVED PARCEL 024-1008-0620 WITT DAVID A 1711 SOUTH BEND AVE 024-1008-0621 WITT DAVID A 1711 SOUTH BEND AVE 024-1008-0622 WITT DAVID A 1903 EDISON RD 024-1008-0630 MULDOON JOHN F 1919 EDISON RD 024-1008-0631 HAMEL TRAVIS J 1424 HARRINGTON DR 024-1008-0632 LUTZ DAVID W AND AMELIA A O UNIMPROVED PARCEL 024-1008-0633 LUTZ DAVID WAND AMELIA A O UNIMPROVED PARCEL 024-1008-063301 RADOMSKI JAMES AND BRANDY 1516 HARRINGTON DR 024-1008-0634 RADOMSKI JAMES AND BRANDY 1522 HARRINGTON DR 024-1008-0635 JOHNSON DAVID R 1530 HARRINGTON DR 024-1008-0636 JONES JANET 1555 ROSEMARY LN 024-1008-0637 SONG QIYANG 1517 ROSEMARY LN 024-1008-0638 MUNDY MARGARET AND JAMES 1515 ROSEMARY LN 024-1008-0639 RIDGES JACKIE 1423 ROSEMARY LN 024-1008-0640 ROBINET PEDRO G 1415 ROSEMARY LN 024-1008-0641 VARGA JOSEPH PATRICK- 1937 EDISON RD 024-1008-0642 PLUNKETT JAMES R & DIANE M 2007 EDISON RD 024-1008-0643 JAMES ANDREA L 2025 EDISON RD 024-1008-0644 TGM PROPERTIES LLC 1952 CHARLES ST 024-1008-0645 OUYANG WEI 1944 CHARLES ST 024-1008-0647 MUNDT LEO N & MARY ELLEN 1932 CHARLES ST 024-1008-0648 CERVANTES VINCENTE T &ANNA M 1932 CHARLES ST 024-1008-0649 CERVANTES VICENTE T &ANNA M 1920 CHARLES ST 024-1008-0650 LEWIS TOBIN KNAPP AND SUZANNE BRAY 1740 SOUTH BEND AVE 024-1008-0654 BEACH HOUSE LLC 1820 SOUTH BEND AVE 024-1008-0655 BTW HOLDINGS LLC 1818 SOUTH BEND AVE 024-1008-0656 BTW HOLDINGS LLC UNIMPROVED PARCEL 024-1008-0657 BTW HOLDINGS LLC 1902 SOUTH BEND AVE 024-1008-0658 BTW HOLDINGS LLC 1904 SOUTH BEND AVE 024-1008-0659 STATE OF INDIANA UNIMPROVED PARCEL 024-1008-0660 STATE OF INDIANA UNIMPROVED PARCEL 024-1008-0661 STATE OF INDIANA UNIMPROVED PARCEL 024-1008-066101 WAS RICHARD JR UNIMPROVED PARCEL 024-1008-0662 STATE OF INDIANA 1939 CHARLES ST 024-1008-0663 FTC PROPERTIES LLC 1939 CHARLES ST 024-1008-0664 FTC PROPERTIES LLC 1947 CHARLES ST 024-1008-0665 FCT PROPERTIES LLC 2007 SOUTH BEND AVE 024-1106-539710 SALVATION ARMY 1801 N IRISH WAY 024-1106-539712 IRISH WAY LLC UNIMPROVED PARCEL 024-1106-539714 SALVATION ARMY 31 Appendix D — DEVELOPMENT AREA PLAN DOCUMENTS The following plans cover all or some of the River East Development Area and provide further details on the activities,goals, and objectives within it: CITYWIDE PLANS Bike South Bend 2010-12 Plan (2010) South Bend Comprehensive Plan (City Plan) (2006) Housing and Community Development Plan (2009) NEIGHBORHOOD PLANS East Bank Village Master Plan — Phase 1 (2008) Howard Park Neighborhood Plan (2012) COMMERCIAL CORRIDOR PLANS Mishawaka Avenue Streetscape Beautification Plan (2008) VENUES, PARKS &ARTS PLANS Riverfront Parks &Trails Conceptual Framework (View Riverfront Parks &Trails Page) 2016) 32 IIABONMARCHE April 6, 2022 South Bend Common Council 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Alley Vacation -914 & 918 W. Oak St. Dear Members of the Council: Engineering• Architecture • Land Surveying Filed in Clerk's Office /\PR O 5 2022 DAWN M. JONESCITY CLERK, SOUTH BENO, IN Please find enclosed a Petition to Vacate a Public Right of Way. The petitioners are requesting the alley vacation as part of a redevelopment project of the parcels adjacent to the alley. The alley vacation will allow for a wider house to be built on the west side of the alley, while utilizing the vacated alley to maintain the required setbacks. The parcels in the block all have access to improved public streets and this alley vacation will not make access difficult or inconvenient. The Board of Public Works submitted a favorable recommendation for the vacation of this alley. Senior Urban Planner 315 WestJefferson Boulevard, South Bend, IN 46601 • 574.232.8700 Bill No. 15-22 i Filed in Clerk's Office APR 0 5 2021 DAWN VIA ONES o VrH8 CITY CLERK,SOUTH BEND, IN 1316 COUNTY-CITY BUILDING U PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \ FAX 574/235-9171 SOUTH BEND,INDIANA 4660 1-1 830 PEACE a2 x x 1865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS March 22,2022 Abonmarche Consultants, Inc 315 W. Jefferson Blvd. South Bend, IN 46601 mroKyckina abonmarche.com RE: Alley/Street Vacation—914& 918 W. Oak St. Preliminary Review) To Whom It May Concern: At its March 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment,Fire Department,Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41' floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50% ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes,please contact the Auditor's Office. If you have any further questions,please call this office at(574)235-9251. Sincerely, Is/Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLI IZ Filed in Clerk's Office y,UTHgF f STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works APR 0 5 2022 P! r` 227 W. Jefferson Boulevard, Ste. 1316 DAWN M. NES South Bend, IN 46601 ERITYCL_ K,SOUTH BEND, IN Date: 02/22/2022 Phone#: 574-232-8700 South Bend Heritage by: Name: Abonmarche Consultants, Inc. Email: mrOZyCkI abOnmarChe.COm Property 914/918 W. Oak Street, South Bend, INAddress: Applicant property information: Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): North/South alley between 914 & 918 W. Oak Street, South Bend, IN; Oak Street between Cottage Grove Ave to the East and Sherman Ave to the West (north side of Oak Street) Is your property adjacent to the alley of interest? 0 Yes No Do you own all adjacent properties to the alley of interest? Yes 0 No Does the existing alley provide garage access to other property owners?Yes 0 No Does the alley receive daily traffic excluding your own use? Yes F No Would the vacation hinder public access to any of the following:a church, Yes 0 No school,or any other public building or place? Reason for street/alley vacation and proposed use: Currently the alley is grass and not used. The reason for the vacation is to split the alley between the adjacent alley lots, increasing the lot width for 918 W. Oak St. The current lot width of 918 W. Oak Street is 35 feet. The additional 5 feet of the vacated alley will allow a 30' wide house to be built on the lot with the required 5 foot side yard setbacks. A map MUST be provided highlightingthe area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS 1W114 e r_ n Elizabeth A. Maradik.President Joseph R. Molnar, Vice President Q,& Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: Theresa M.HelTner,Clerk Date: March 22,2022 r Filed in Clerk's Office of uTH8 0 x 05 DAWN M.JONES CITY CLERK,SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: February 22, 2022 TO: Matt Longfellow, Public Works Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@south bend in.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Abonmarche Consultants, Inc. for South Bend Heritage LOCATION: 914/918 W. Oak Street PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: No objections to this vacation. COMMUNITY INVESTMENT: Favorable recommendation — meets criteria above. FIRE: Favorable POLICE: Favorable recommendation 018.1030.133R vni n 111_ — Michiana Regional GISL45_48a..I M Website J 49 86 o o V txtSubTitle r 018-1030-1350 0 o N t co M O/ Legends L ocoIo 18-1030-135 o SJC Parcel Dimensions EC cc c 1496--SJC ParcelsCIDqqo Q 13y OA'I StT ELK Parcels 13-5 0_ SJC Streett_43.5.6 40 J 4 rC14 fi = ELK Street Z Building Footprint VrRailroadZ LLJ 43:56 43,56t t~n S Railroad O N W mW I pto Abandoned Railroad (n O Z= O F- M cm OD Road Centerline o O 17 g 018-1028-1239 El Railroad Bridge U 1ZRoadwayBridgeC_ 3:cc Major Roads p Q <J o c to o t LO -1028-12U'- F-T Primary Roads O I ( Secondary Roads w I - Local Roads rnt N c o 0 Rivers r• Local Roads 0 a o 1 inch = 75.00 feet N Miles I Af22 o 0.01 001 40 30. 30 0 40 33. 33 54 78_ 5 7 4,7 4.78 id8 I 74SAtte.AV Date Printed: 2/22/2022 Map Generated By: Public Wdwn luco.Mlorwr«e.»ms I rNO npAN IMorm tbn5y tr n Wunlyd SI W.,OCo Lkl IN Coordinate grid is based on Indiana East State Plane Coordinate System 1983 North American Datum. Information shown on this map is not warranted for accuracy or merchantability. Reproduction or distribution of this material is not authorized without the express written permission of MAGOG. s Owner's Name Owner's Address Owner's City Owner's State Owner's ZIP THORNTON JOHNATHON &AUBRIE JO 912 W Oak St South Bend IN 46616 MORSE CHARLES VICTOR HENRY 915 W Oak St South Bend IN 46616 MOSS GEORGE G & TAMMY A 22057 Sandybrook Dr South Bend IN 46628 WHITE STEVEN M & DAVID A & BRUCE A & JERRY G 211 S Michigan St Apt 205 South Bend IN 46601 SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616 TAYLOR RICHARD AND DAISY 931 Lasalle West South Bend IN 46601 MEDICH ANDREW S Po Box 4412 South Bend IN 46634 SMITH LEHTIKA 935 Lasalle Ave South Bend IN 46601 CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 1400 South Bend IN 46601 JENKINS VALERIE L 939 W LaSalle South Bend IN 46601 SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616 SMITH GAY R 927 W Lasalle Ave South Bend IN 46601 SMITH RALPH 2104 Lincoln Way W South Bend IN 46628 MORSE CHARLES VICTOR HENRY 911 W Oak St South Bend IN 46616 CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 13th FL South Bend IN 46601 POTTER LUKE 923 W Lasalle South Bend IN 46601 HETH RALEIGH AND CIANCIOLO-HETH LAURA 403 N Cottage Grove Ave South Bend IN 46616 VAN DE WIELLE SHEILA S 102 W Colfax Mishawaka IN 46545 SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616 STUCKEY ROBERT AND KIMBLE MERCEDES S TIC 907 Oak St South Bend IN 46616 SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616 BARNABY CATHERINE E.K. 921 W Oak St South Bend IN 46616 MUHLSTADT GARRETT LEE & ABIGAIL ELIZABETH 917 W LaSalle Ave South Bend IN 46601 SCOTT ANGELA & KUYKENDALL ERICK WH 925 W LaSalle Ave South Bend IN 46601 CIVIL CITY OF SOUTH BEND 227 W Jefferson Blvd 13th FI South Bend IN 46601 NORVELL TONY & DIANE 902 W Oak St South Bend IN 46616 HETH RALEIGH AND CIANCIOLO-HETH LAURA 403 N Cottage Grove Ave South Bend IN 46616 LOPEZ SILVESTRE AMADO AND LUZ MARINA DAZA DE 2913 Mishawaka Ave South Bend IN 46615 YOUNESS MAHMOUD 928 W Oak St South Bend IN 46616 SOUTH BEND MUTUAL HOMES LP 803 Lincoln Way W South Bend IN 46616 HOUSING AUTHORITY SB 501 S Scott St South Bend IN 46601 Smith Flordia M c/o Avis Smith P O Box 751571 Memphis TN 38175 Filed in Clerk's Office APR 0 5 2022 DAWN M. JONES CITY CLERK, SOUTH BEND,IN ZMABONMARCHE C Ie='s 315 W.Jefferson Blvd. Benton Harbor Hobart South Bend,IN 46601 Portage Lafayette T 574.232.8700 APR 015 2022 South Haven South Bend F 574.251.4440 L Fort Wayne Valparaiso abonmarche.com DAWN M.JONES Goshen CITY CLERK, SOUTH BEND,IN Engineering Architecture Land Surveying EXHIBIT B PROPOSED ALLEY VACATION BETWEEN LOTS 4 & 5, FUERBRINGER'S 1ST ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA cn cn, `Ln n- W, LJ i7 Lij J Of LIJ Ill CJ CJCL-' CC-' Ld Q TC Lij C W Cl C)U-) LE2jaI> of CifO UJ O<- UJ O'- 11)F- U)F-1 0 F-cJ LU ri C)Grf x C)Of F- U) d' 0F- m v 1.6 ro L IL r iv 1 t 923 921 915 911 e OAK STREET (60' R/W) Ya i PROPOSED 10.56'ALLEY TO BE VACATED (GRASS) ac 35.0' 52.95' s 922 920 918 914 912 cn n J co co< J cJ M F- LiJ ro C- 04CD p F`_cobcoUu') c) O Lb C Q 04 C C co CJOq p OC)` c E cj O U Of g IUjC) 5.3' 5.3' L t 7 U v i 35.0' 52.95' a, 12' ALLEY a NOTE: 0 20 40 THE PARCEL AT 918 W. OAK STREET, OWNED BY CIVIL CITY 0 OF SOUTH BEND WAS TRANSFERRED BY QUIT CLAIM DEED vo TO SOUTH BEND HERITAGE FOUNDATION, INC. ON Z MARCH 25, 2022, INSTR NO. 2022-09072 SCALE: 1 =40' 0 w BAR SCALE IN FEET 0rn REVISED: Updated Lot 5 Ownership effective 03/25/2022 N PREPARED FOR: SOUTH BEND HERITAGE DATE OF FIELDWORK: DATE:02/21/2022 C ALLEY VACATION BETWEEN FIELDBOOK:ZONING: URBAN 1 914 & 918 W. OAK STREET, SOUTH BEND, IN REVIEWED BY: 4DRAWN BY: JLM C SCALE: 1"=40' SHEET 2 OF 2 COPYRIGHT 2022-ABONMARCHE CONSULTANTS.INC. NABONMARCH E 315 W.Jefferson Blvd. Benton Harbor Hobart South Bend,IN 46601 Portage Lafayette T 574.232.8700 South Haven South Bend F 574.251.4440 Fort Wayne Valparaiso abonmarche.com Goshen Engineering -Architecture-Land Surveying EXHIBIT A PROPOSED ALLEY VACATION BETWEEN LOTS 4 & 5, FUERBRINGER'S 1ST ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA PROPOSED ALLEY VACATION LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PART OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND BEING A PART OF FUERBRINGER'S 1 ST ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST ALLEY, 10.56 FEET, MORE OR LESS,TO THE SOUTHEAST CORNER OF LOT 5 IN SAID FUERBRINGER'S ADDITION;THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 5, 132 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK STREET, 10.56 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD. 0 0 N Filed in Clerk's OfficeQ tV Q x APR 0 5 202.2 W DAWN Ns.JGi JES CITY CLERK, SOUTH REND,IN qW dv 0 ry7in xnO 3 0 02 h eo F N 9 t aN V d T VN aWF- O m W c Z v On 9 yOV PREPARED FOR: SOUTH BEND HERITAGE DATE OF FIELDWORK: DATE:02/21/2022 C y ALLEY VACATION BETWEEN FIELDBOOK: ZONING: URBAN 1 914 & 918 W. OAK STREET, g REVIEWED BY: DRAWN BY: JLM o SOUTH BEND, IN 0 COPYRIGHT 2022-ABONMARCHE CONSULTANTS,INC. t7SCALE71-=40' SHEET 1 OF 2 Filed in Clerk's Office 4 SpUTH y APR 0 5 2022 PEACE. JONES lees x CITY CLERK,SOUTH BEND,IN OFFICE OF THE CITY CLERK D,m\'N M.JONES, CIrI-Y CLERIC PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 3/28/22 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: Alley between Lots 4 &5 of Fuerbringer's 1st Addition 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print):Signature Address Lot Number L LL L re.. rya N tr1 t INJ Z ZZ 1. South Bend Mutual Homes 914 Oak Street 4 2. 3. Filedin Clerk's Office BILL NO. PR 0 5 202? WN M.JONES ORDINANCE NO.RK,SOUTH BEND,IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER'S 11T ADDITION 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 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A PARCEL OF LAND BEING A PART OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2 EAST,PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,INDIANA, AND BEING A PART OF FUERBRINGER'S 1 ST ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN SAID FUERBRINGER'S ADDITION;THENCE WESTERLY ALONG THE NORTHERLY LINE OF A EAST/WEST ALLEY, 10.56 FEET,MORE OR LESS,TO THE SOUTHEAST CORNER OF LOT 5 IN SAID FUERBRINGER'S ADDITION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 5, 132 FEET,MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF OAK STREET, 10.56 FEET,MORE OR LESS,TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 4, 132 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.03 ACRES, MORE OR LESS,AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT-OF-WAY OF RECORD. 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 property may be injuriously or beneficially affected by such vacating: LOTS 4 & 5 OF FUERBRINGER'S IsT ADDITION Section IV. The purpose of the vacation of the real property is allow for the construction of a 30' wide home and meet the requirements of the zoning ordinance. The alley is currently unused and grass. 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. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock in. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indian File1, k's Office 2022DNESCITYCLTHBEND, IN City of South Bend PLAN COMMISSION April 19, 2022 Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: NW CORNER OF CORBY BLVD AND HICKORY RD PC#0098-22 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Cleri�-·s Office [AP;-��DAWNfvUONES CITY CLERK, SO UTH BEND, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your April 25 th, 2022 Council meeting, and set it for public hearing at your May 23th, 2022 Council meeting. The petition is tentatively scheduled for public hearing at the May 16th, 2022 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President Bill No. 19-22 City of South Bend PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Filed in Clerk's Tax Key Number018-5201-773001 Office Address900 Block of North HickoryRoad, South Bend, IN 46615 u 2 22 Owner: Benton Square LLC Legal Description: CITY CLERK,-' I vVNg iJONEgOJTHRND A PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF-' tN SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING LOT NUMBERED THREE (3) AS SHOWN ON THE RECORDED PLAT OF "CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS,AND RESTRICTIONS OF RECORD. Project Summary Petitioners are rezoning their property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. As part of rezoning request, they are also asking a variance from 25 ft. Front-yard setback for parking along Hickory Road to 15 feet. Requested Action Application includes (check all that apply) Rezoning Current District: S2 Suburban Neighborhood 2 Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan,- 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). From the required 25 ft. Front-yard setback along Hickory Road for parking spaces to a minimum of 15 feet. Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above City of South Bend BOARD OF ZONING APPEALS Petition •r Variance - Special Exception Property Information F. Tax Key Number: 018-5201-773001 r Address: 900 Block of North Hickory Road, South Bend IN 46615 / SOc Owner: Benton Square LLC Zoning: S2 Suburban Neighborhood 2 SOS ONE Project Summary: FNO N Petitioners are rezoning their property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. As part of rezoning request, they are also asking a variance from 25 ft. Front-yard setback for parking along Hickory Road to 15 feet. Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). From the required 25 ft. Front-yard setback along Hickory Road for parking spaces to a minimum of 15 feet. Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Feed in Clerk's Office Criteria for Decision Making- if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variance will allow parking to be placed closer to Hickory Road, wl- 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The adjacent areas to the petition site would not be affected by placing parking cl 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The intent of the City Ordinances is to maintain appropriate buffers between land 4) The variance granted is the minimum necessary, because: The Variances as requested are the minimum based on the proposed layout for t 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The requested Variances do not correct a hardship caused by a former owner be Contact • Property owner(s) of the petition site: Name: Benton Square LLC e Address: 2400 Miracle Lane 4pR / 4 OZro' '''V/y i 2 Sa NHS Name: yeE^lD rV Address: Name: Address: Contact Person: Name: Michael Danch - Danch, Harper and Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number: 574-234-4003 E-mail: mdanch@danchharner.com, gshearon@danchharner.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: CZ T7 CD REZONING AND VARIANCE PRELIMINARY SITE PLAN PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, if1 A CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. x C7 CD LEOPL DEscwPTloN: 7 LOT NUMBERED 3 OF—ON PM ON HICKORY SECOND MINOR SUBBMSION, I Y/ RECORDED ON PPRIL 21.2D02 0. CUNE R5DO NUMBER D'11aB.S IN THE OFFICE 015! L., f TNF R£LOgOEft OF Sf.J EPH COUNIY.1.—O I y Li R I s [ Z t TIBNATFd 51lE MTh V N eY 23 2). 29M) I lL2] RR er-,ee9a''Yse'3HaB m 7 O 1).RCRFACE OF SITE 6KI rn lCOSIWO AD E N 5 3).PROPOSED LINO USE.._,.__.._....__....._......._MEMORY C4tE pt]LNY CD ExrsTmc z.wNc..___..._.._._..._......_..._._.._ND-NEwveoRNODo CENIEP Q a= I— v s) PROPOSED 20.NG...........-...._..................__....5-2 SUBURBAN NEICNBORNOOO 2 6).LINO COYERnOE FOR BOTH vgRCFl9' Te A BOIL B. ASPNALT PAVEMENT ... .. 31,J33 19.OJ CONCPEIE PAVpEM TO-PL IM.608 100.00 C T).PROPOSED BUILDING LS ONE-STORY. iTO 1 e).BU6DING TO Be CONNECTED TO PUBLIC WATER AND SEIYER. 9).BfN:10 COMPLY 1vRN'Gltt OF SOIIDI BEN.-DI—E OICU V.NCE. 4' ISZgaN6 R¢01.EST: Y 9 IS.00' lA LT 1). TO REZONE PROPER FROM NC-NEIGHBORHOOD CENTER TO P S-2 6UBURBM'NEIOHBOR4000 2 TO A -FOR A MEMORY CARE FICILIIY. nRNIaDE BEWEST: FROM REOUIRFD MINIMUM 25 FT--0 S ILDINO SEfBKN Gi o • IR V ALONC H'CKORY ROPD TO A MNIMUN FRCNf-YARD BURDING SETBACK OF 1-1 PW PROPOSED ONE-STORY BUILDING AFRML PNOTOGA HF/lDM1eR1 2NF i egI E p iii 7010*SF AL I ljillCORBYSTREST (80.0' R%F) D a BY 1w BruI47I M.-HARNER 191.32 2` ae9tmn.e.uwcma y° ° B'L'I m. I I Y I S I O N S finRM1RtlLLNVI6t z2Gt 10 MJO FileZSOU Office BILL NO. 19-22 ORDINANCE NO. 22 ES CITY CLBEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY O INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER PF CPRBY BLVD AND HICKORY RD, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. Petitioners desire to rezone the property from NC Neighborhood Center to S2 Suburban Neighborhood 2. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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 PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP' 38 NORTH, RANGE 3 EAST,CITY OF SOUTH BEND,PORTAGE TOWNSHIP,ST.JOSEPH COUNTY,INDIANA BEING LOT NUMBERED THREE(3)AS SHOWN ON THE RECORDED PLAT OF"CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS,AND RESTRICTIONS OF RECORD„ be and the same is hereby established as S2 Suburban Neighborhood 2 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Filed in Clerk's Office APR ? n 2027 DAWNtvf"JO}JES CITY CLER�_ SOUTH BEND, IN CITY OF SOUTH BEND COMMUNITY INVESTMENT Santiago Garces, Executive Director April 18, 2022 Sharon McBride President, South Bend Common Council 4 th Floor, County-City Building South Bend, IN 46601 Re: Resolution to Approve of the Written Order of the South Bend Plan Commission Regarding the Proposed Tax Increment Finance ("TIF") Area Realignment Dear Pres.ident McBride: Enclosed for consideration by the Common Council is a resolution which approves of the written order of the South Bend Plan Commission (the "SBPC") evidenced by a resolution adopted by the SBPC on April 18, 2022 (the "SBPC Resolution"), in connection with the proposed realignment of the River East TIF Area located in the City of South Bend (the "City"). The SBPC Resolution approved of action taken by the South Bend Redevelopment Commission (the "Redevelopment Commission") on April 14, 2022, to adopt declaratory resolutions for the purpose of: (i)(i) designating and declaring certain areas within the City to be redevelopment areas and an allocation area for purposes of tax increment financing to expand the existing River East Development Area (the "River East Area"); (ii) adding certain parcels of property to the River East Area property acquisition list; and (iii) approving an amended and restated development plan for the River East Area (the "River East Plan"); and The purpose of the proposed TIF realignment is to more accurately reflect the boundaries of the redevelopment and economic development areas in the City in light of the ongoing development plans for the City. Moreover, the realignment serves the inter-related goals of fiscal stewardship, economic development, and neighborhood revitalization. Through this action the City will be able to address infrastructure, grow community assets, and aid development projects to support a high quality of life while also continuing a proactive approach to job creation and new investment. This resolution is part of the approval process required under Indiana Code 36-7-14, which approval process would conclude with consideration by the Redevelopment Commission of confirming resolutions following a public hearing after approving action by the Common Council on the attached resolution. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 1400S County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov Bill No. 20-22 Filed Clerk's Office Dawn M. Jones, City ClerkCityofSouthBendR1 ? 2 2ZApril19, 2022Page2NhitJ ,, SSOUTH SEND, IN Since the City is the issuer of the Bonds and a party to these agreements, the above- referenced modifications must be approved by the Common Council. We request that you place the Amending Bond Ordinance on the Common Council's agenda for first reading at their meeting on April 25,2022 and a second reading and public hearing at the Common Council's meeting on May 9, 2022. Please let me know if you have any questions regarding the above-referenced items. Thank you. Sincerely, BARNES &THORNBURG LLP Philip J. accenda, Jr. PJE/bej Filed in Clergy's OfficeEnclosure APR 2 n 20 6X_WN M.ju r=s CITY CLERK,SOUTH BEND, IN DMS 22490810v1 BARNES&THORNBURG LLP Filed in Clerk's Office Fled in Clerk's Office APR ? n 2027_APR 1 9 2022BILLN0. D JONES DAWN M. JONESCITYCLERK, SOUTH BEND, IN CITY CLERK SOUTH BEND IN 'ORDINANCE NO. AN ORDINANCE SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06, ORDINANCE NO. 9968-09, AND ORDINANCE NO. 10142-11 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) (THE "BONDS"), APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDED AND RESTATED TRUST INDENTURE, A THIRD AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City") is a political subdivision of the State of Indiana,and by virtue of Title 36,Article 7,Chapters 11.9 and 12,of the Indiana Code,as amended the"Act"), is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ordinance No. 9722-06, adopted by this Common Council (the"Council") of the City on or about November 27, 2006 (the"Original Ordinance"),the City on or about January 30, 2007 issued, sold and delivered those certain City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project) in an aggregate principal amount of$8,105,000 (the `Bonds") (presently outstanding in the aggregate principal amount of $5,860,000), and loaned the proceeds thereof to PEI/Genesis, Inc., a Pennsylvania corporation ("PEI") and Tuliptree Associates, LLC, a Pennsylvania limited liability company Tuliptree") (PEI and Tuliptree being sometimes collectively referred to herein as the Borrower") to finance and refinance certain economic development facilities as described in the Original Ordinance. In 2009, the Original Ordinance was supplemented and amended by Ordinance No. 9968- 09, adopted by the Council on October 12,2009(the"2009 Ordinance")and further supplemented and amended by Ordinance No. 10142-11, adopted by the Council on December 11, 2011 (the 2011 Ordinance" and collectively with the Original Ordinance and the 2009 Ordinance, the Earlier Ordinances"). The Borrower has requested that the City enter into(i)a Third Amended and Restated Trust Indenture (the "Third Amended and Restated Indenture") with U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), pertaining to the Bonds, which Third Amended and Restated Indenture would make some non-substantive changes, and would substantively replace the London Interbank Offered Rate ("LIBOR") based interest mode for the Bonds, as the use of LIBOR is being discontinued in the financial markets,with an interest rate mode based upon f i -d in Clen<'s 7iceFAPR n 2022 A;PR I ? 20 DAI CITY CLi= the dollat?30pea a funding rate known as `BSBY" (the Bloomberg hort- yank Yield Index), and(15i)-w—ith the approval of the holder of the Bonds, a Third Ame tated Loan-ND, IN i Agreement (the "Third Amended and Restated Agreement') with Tuliptree to provide for the removal of PEI as a borrower thereunder and for Tuliptree to be the sole remaining borrower thereunder. The Common Council conducted a public hearing on May 9, 2022, on the proposed execution and delivery of the Third Amended and Restated Indenture and the Third Amended and Restated Agreement, and, believes that such proposed matters will be of benefit to the health or general welfare of the citizens of South Bend, Indiana and complies with the purposes and provisions of the Act. The Common Council wishes to amend, supplement and restate (i) that certain Second Amended and Restated Trust Indenture, dated January 3, 2012,between the City and the Trustee, as set forth in the Third Amended and Restated Indenture, and (ii) that certain Second Amended and Restated Loan Agreement, dated January 3, 2012, between the City and the Borrower, as set forth in the Third Amended and Restated Agreement. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. Incorporation of Recitals. The recitals contained in this Ordinance and in the Earlier Ordinances are true and correct and are incorporated in this Ordinance by this reference. SECTION II. Incorporation of Previous Findings. Each of the findings which are contained in the Earlier Ordinances is true and correct and is incorporated in this Ordinance by this reference. SECTION III. Findings; Public Benefits. This Council finds that the execution and delivery of the Third Amended and Restated Indenture and the Third Amended and Restated Agreement (i) will be of benefit to the health and general welfare of the City and its citizens, and ii) complies with the purposes and provisions of the Act. SECTION IV. Authorizations. The Council hereby authorizes the execution and delivery of the Third Amended and Restated Indenture and the Third Amended and Restated Agreement. SECTION V. Approval of the Third Amended and Restated Indenture and the Third Amended and Restated Agreement. The Third Amended and Restated Indenture and the Third Amended and Restated Agreement are hereby approved in the forms submitted to this meeting,and a copy of each such document shall be kept on file by the City Clerk(the"Clerk"). The Mayor(the"Executive")and the Clerk are hereby authorized and directed to execute and deliver such documents without further approval of the Council in substantially the forms herein approved with such additions, deletions and modifications thereto as may be approved by the Executive and the Clerk, as permitted under the Act, the execution thereof being conclusive evidence of such approval and of the approval of the Council; and the Clerk, or any authorized representative of the City, is hereby authorized and directed to affix the 2 I 110ii in Clerk's OfficeFiledinClerK's Office 1--PR 19 2027 Office APR 7027 I i "4 6n'of ed'--s o copies o 1*T Ahi6ndDAVisealoftheCitytosuchdocumentsandtoattestthesame. Tw INCITYCLERr4,,0'-R'e§teCted:-Inoqrtlure and the Third Amended and Restated Agreement, heee y-irrcorpbrated-SEND,IN into this-ot-di e, were duly filed in the Office of the Clerk and are available for public inspection in accordance with Section 36-1-5-4 of the Indiana Code. SECTION VI. Limited Obligation. THE BONDS AND THE INTEREST THEREON DO NOT AND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF, OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWER OF,THE CITY, BUT ARE LIMITED OBLIGATIONS OF THE CITY PAYABLE SOLELY FROM REVENUES AND OTHER AMOUNTS DERIVED FROM THE THIRD AMENDED AND RESTATED AGREEMENT. SECTION VII. Other Actions. The Executive and the Clerk are hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any and all additional documents and instruments necessary or proper and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Ordinance (including the recitals hereto and the documents mentioned herein). The Executive and Clerk may, by their execution of the documents requiring their signatures or imprinting of their facsimile signatures thereon, approve changes therein and also in those documents which do not require the signature of the Executive and/or Clerk without further approval of this Council if such changes do not affect terms set forth in Indiana Code Title 36, Article 7, Chapter 12, Section 27(a)(1) through (a)(10). SECTION VIII. No Personal Liability. No stipulation, obligation or agreement herein contained or contained in the Third Amended and Restated Indenture and the Third Amended and Restated Agreement, the Bonds or in any other agreement or document executed on behalf of the City shall be deemed to be a stipulation, obligation or agreement of any member of the Council, or any officer, agent or employee of the City in his or her individual capacity, and no such member of the Council, officer, agent or employee shall be personally liable on the Bonds or be subject to personal liability or accountability by reason of the issuance thereof. SECTION IX. Action Approved and Confirmed. All acts of the officers of the City which are in conformity with the purpose and intent of this Ordinance and in the furtherance of the execution, delivery and performance of the documents and agreements authorized hereby are in all respects ratified, approved and confirmed. SECTION X. Severabilit . If any provision of this Ordinance shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provision or cause any other provision to be invalid, inoperative or unenforceable to any extent whatsoever. SECTION XI. No Conflict. Any ordinances, resolutions or orders or parts thereof in conflict with this Ordinance are to the extent of such conflict hereby repealed. 3 Efull n Clerk's Office PR n ?02? SECTION XII. Effective Date. This Ordinance shall b l efffromandafteritsadoptionbytheCommonCouncil,approval by the r `'G . of any procedures required by applicable law. ND, IN PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of 2022. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, MPA, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2022, at o'clock M. Dawn M. Jones, MPA, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indian ----------. ___ f iled in Clerk's Office r,PR 9 202? bAWN A71-70 ES Clfl'Gi_ERK, SOUTH SEND,IN 4 f ilod in Cler, s7ice DAWN M. ,;(JIVES CITY CLERK, S t!Ty I END, 1N i DMS 22453673 MEAPIR Clerk's Office 2 n 2021 DAWN , iI JONES CITY CLERK, SOUTH BEND,IN 5