HomeMy WebLinkAbout1993-03-17 Resolution 87~v wV4 jJ~~~~ °'~i~'vf
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. ~ RESOLUTION NO. 87
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c A RESt~LUTION OF THE SOUTH BEND REDE~EI,OPMENT
~y - ~,UTHORITY AMENDING. DECLARATION OF PROTECTIVE ANI~
RESTRICTIVE COVENANTS OF THE~BI,ACKTHORN CORPORATE CEIVTEN
AND BLACKTHORN CORPE3RATE CENTER. DEVELOPMENT GUI:D~ S:
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~ WHEREAS, the South Bend. Redevelo
pment Authority (the
~~~.` "Authority") is the owner of certain real property situated in
northwest St. Jasaph County, Indiana, more. commonly-known as. the
Blackthorn Corporate Center; and
WHEREAS, the South Bend Redevelopment Commission ( "Ccm~ti.ss:ion" )
is Lessor of said real property mare commonly known as the
Blackthorn Corporate Center; and
WHEREAS., the Authority, in conjunction with the South Bend.
Redevelopment Commission, interrd~ to develop. the Blackthorn
Corporate Center as a first.-class, planned business campus.,
composed of corporate office.;. support office and research, and
general business uses and associated facilities; and
• WHEREAS, to ensure that Blackthorn Corporate Center will he
maintained. as an attractive campus-l.i.ke setting for businesses,
with ample landscaped areas, attractive high quality structures,
proper and desi.rahle uses, and appropriate: develop tent; to
protect against undesirable. uses, to guard against the
construction of improvements built. of improper materials: or
design; to encourage the construction. of attractive improvements
in appropriate locations; to prevent hazardous.and. inharmonious
development of the: Blackthorn. Corporate: enter; to secure and
maintain proper setbacks and adequate free spaces between
structures; anal ger~.erally to provide a high type and quality of
..development at the Blackthorn Corporate Center-, the. Authority and
Commission have prepared or:caused to be prepared and. by
Resolution No. 1.14.7, approved by the Commission on March 19,
1993, and by Res€~lution No. 73, approved by the Authority on
March 18, 1993, adopted "Declarati.ans of Protective and
Restrictive Covenants: of B.lacktharn Cca:rporate Center" and
°'Blackthorn Corporate Center Development Guidelines;" and
WHEREAS, the. Commission-and Authority wish.. to amend. the
"Declaration of Protect.ve aizd R.estri"dive. Covenants: of the
Blackthorn. Corporate Center" and "Blackthorn Corporate Center
Development Gu.idelin~s" as indicated by the Addendum attached
hereto.
NOW, THEREFC7RE, BE IT RESOI;VEI3: BY THE SOUTH BEND REDEVELOF'1~ENT~
AUTHORITY AS FOLLOWSc
1. The "Declarations of. Protective and Restrictive Covenants
of Blackthorn Corporate Center" approved and. adopted by the
Authority by its Resolution No. 73 adopted March 18, 1993, shall
be and hereby are amended to apply to the. real property des:crihed
at Exhibit. "A" hereto.
2. The '°Blackthorn Corporate.. Center Development. Guidelines"
approved and adapted by the Authority by its Resolution Nc~. 73 '-
adopted March 18, 1993, shall be and hereby are amended to apply
to the real property described at Exhibit "A" hereto.
3. The Addendum tt2 Declarations of Protective and Restrictive
Covenants of Blackthorn Corporate Center, attached hereto as
Exhibit "B," reflecting said amendment, shall be and hereby is
approved and. ordered executed and. attested to by the Authority
President and Secretary, respectively..
4. The Secretary of the Authority is hereby directed to
• ~ ~rarismt a certified copy of this resolution, Stith all
attachments, to the South Bend Redevelopment Commission for its
consideration and., if the "Declarations of Protective and
Restrictive Covenants of Blackthorn Corporate-Center" and.
"Blackthorn Corporate Center Development Guidelines" axe approved
}ay the South. Be,~c~ Redevelopment Commissi.or~, to record in the
Office of the St. Joseph County Recorder a: copy of this
Resolution, along with: all attachments, and a capZr of and
resolution concerning the same- approved by the South Bend
Redevelopment Ce~mmssion..
This resolution.. shall he in full force and effect. from and
after its adoption.
Adopted. at the regular meeting of th.e South Bend Redevelopment:
Authority held March 17, 1393, at 4:30 p.m., 13Q~ Count~~-City.
Building, South Bend, Indiana 4b601.
SOUTH: BEND RFflEVELOPMENT
AUTHORITY
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Ja eph rok~le~tsk P~.:esdent
• ATTEST:
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RES02JR-COVENANT
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South Bend Redevelo~nent Authority Resolution N~.
• Exhibit "A"
DESCRIPTION
' LOT N0. 3
A port of fhe Southwest Quarter (SWl/4) of Section 20 and o part of the
Northwest Quarter (NW1/4} of Section 29, all located in Township 38
North, Range 2 Eost, German Township,. St. Joseph County, Indiana, more
particularly described as follows•
Commencing of fhe southwest comer of the Southwest Quarter (SWl/4) of
said Section 20, also being fhe northwest comer of the Northwest
Quarter (NW1/4} of said Section 29; thence South 89' 2T' 09" Easf o
distance of 848.77 feet along the south line of the Southwest Quarter
(SW1/4) of Section 20, also being fhe north line of the Northwest Quarter
(NWl/4) of Section 29, thence South 00' 1 T 19" West 45.00 feet to 0
point which is 45 feet south of the north line of the Northwest Quarfer
(NWy/4) Section 29, said line also being fhe centerline of Old Cleveland
Road, fo the Poinf of Beginning of this description; thence South 63'
27' 49" West o distance of 315.00 feet; thence North 38' S9' S2" Wesf o
distance of 375.00 feet fo fhe southeast right of way line of Nimtz
Parkway, also being the point of curvature of a nonfongenf curve to
the left having a radius of 790.00 feet, on internal angle of 31 ' 35'
05" and subtended by o long chord having o bearing of North 39' S6' 30"
East a chord length of 430.00 feet; thence northeosteily o distance of
435.49 feet along said southeast right of way line of Nimtz Porkwoy,
' also o%ng said curve to the point of tangency of said cures; thence
South 5T 33' 26" Eosf o distance of 288.39 feet; thence South 00' 1 T
19" West a distance of 325.68 feet to the Point of Beginning and
containing 4.463 acres, more or less Said parcel of ground is sub/ecf
to 0/1 easements of record.
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South Bend Redevelopment Authority
Exhi~i~t "B"
Resolution No. ~~
Addendum to the
' ~ Declaration of Protective Covenants & Restrictions
~~ ~~ of Blackthorn Corporate Center
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_;'~ This Addendum is made this 18th day of February, 1994, jointly and severally as Declarant,
~':~ by the SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT COMMISSION;
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The SOUTH BEND REDEVELOPMENT AUTHORITY, through its Resolution No. 73 (and
recorded in the Office of the Recorder, St. Joseph County, Indiana as Document No._ _9322505) jointly with
the SOUTH BEND REDEVELOPMENT COMMISSION, through its Resolution No. 1147 (and recorded in the
Office of the Recorder, St. Joseph County, Indiana as Document No. 93,24608). made the Declaration of
Protective Covenants and Restrictions of Blackthorn Corporate Center ("Covenants").
Pursuant to Section 12.1 of the Covenants,. as the Declarant, the SOUTH BEND
REDEVELOPMENT AUTHORITY, jointly and severally with the SOUTH BEND REDEVELOPMENT COMMISSION,
hereby amends said Covenants as follows:
1. Article IV -Use Restrictions shall be amended as follows:
4.4 Permitted Uses For the purposes of setting forth the permitted and prohibited uses of Blackthorn,
~,~; " -~ Declarant has divided the permitted uses into wee four use categories, designated as (A)
`-' _ ~ ° ' "Cor orate Office', IBl "Support OfficeJResearch", aed IC) "General Business", and (Dl "Hotel:'.
~C.~ _
.:~ ~n 4.7 Description of Uses. The following describes each of the wee four use categories. Parking '~
'~ - _ structures are excluded from .the calculation of the total gross floor area of a building.
4.7.4 Hote% The use of the Lot designated "Hotel" is limited to hotel or motel Buildings.
: , - _ Other hospitality uses, such as; health, recreational and athletic clubs and
~~ facilities, restaurants and lounges, and retail are permitted uses as part of a
`'> ,L ~""~' permitted hotel or motel Building.
2. Exhibit "A" shall be amended to included a legal description to property described as Lot 3
of Blackthorn Corporate Center and to alter the map titled "Blackthorn Corporate Center" by
designating Lot 3 as a part of Blackthorn. The attached Exhibit "A" includes said legal
description and altered map.
3. Exhibit "B" shall be amended to alter the map titled "Use Designation" to designate Lot 3 of
.Blackthorn as a "Hotel" use. The attached Exhibit "B" includes such altered map.
The SOUTH BEND REDEVELOPMENT AUTHORITY and the SOUTH BEND REDEVELOPMENT
COMMISSION acknowledge and agree that all remaining covenants and restrictions, as set forth in the
Covenants shall remain in full force and effect.
• ,'South Bend Redevelopment Authority Resolution No. ~7
Exhibit ','B" - .con' t
IN WITNESS WHEREOf, the parties have caused this Addendum to the Covenants to be executed on
the day and year first written above.
for the Declaiant.•
SOUTH BEND REDEVELOPMENT AUTHOR/TY
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J ph Wi lewski President
Attest:
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Andre Gammage, Secretary
Attest:
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Theo .Sharp, Secretary
State of lndiana 1
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St. Joseph County J
for the Declarant.•
SOUT BEND REDEVELOPMENT COMMISSION
Paula N. Auburn, President
Before me the undersigned, a Notary Pub/ic, in and for said County and State, personally appealed the South
Bed Redeve%pment Authority, by Joseph Wroblewski and Andre Gammage, President and Secretary,
respectively, and acknowledged the execution of the forgoing Addendum.
/N W/TNESS WHEREOf, l have hereunto subscribed my name and afRxed my ofRcia/ sea/ on the day of
1994.
Notary Pub/ic
Residing in St. Joseph County, lndiana
Commission Expires:
State of lndiana
St. Joseph County
SS.•
Before me the undersigned, a Notary Public, in and for said County and State, persona//y appeared the South
Bed Redevelopment Commission, by Paula N. Auburn and Theo f. Sharp, President and Secretary, respectively,
and acknow/edged the execution of the forgoing Addendum.
IN WITNESS WHEREOf, l have hereunto subscribed my name and affixed my official seal on the day of
. 1994.
Notary Public
Residing in St. Joseph County, lndiana
Commission Expires:
.South Bend Redevelopment Authority Resolution No. ~~
Exhibit "B" - con't
.EXHIBIT "A"
• V BLACKTHORN CORPORATE CENTER
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Blackthorn Corporate Center -Covenants & Restrictions 2/f~s4
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South Bend Redevelo~xnent Authority Resolution Nb. ~~ _
Exhibit "B" -con' t
DESCRIPTION
' LOT N0. 3
A part of the Southwest Quarter (SW1/4) of Section 20 and a part. of the
Northwest Quarter (NW1/4) of Section 29, all located in Township 38
North, Range 2 Eosf, German Township,. St. Joseph County, Indiana, more
particularly described as fol%ws•
Commencing at the southwest comer of the Southwest Quarter (SWI/4) of
said Section 20, also being the northwest comer of fhe Northwest
Quarter (NWl/4) of sold Section 29; thence South 89' 27'' 09" Easf v
distance of 848.77 feet o%ng the south line of the Southwest Quarter
(SWl/4) of Section 20, also being fhe north line of the Northwest Quarter
(NWl/4) of Section 29, thence South 00' 17' 19" West 45.00 feet fo a
point which is 45 feet south of the north line of the Northwest Quarter
(NWl/4) Section 29, said line also being the centerline of Old Cleveland
Road, to the Point of Beginning of this description; thence South 63'
27' 49" West a distance of 315.00 feet; thence North 38' 59' S2" West o
distance of 375.00 feet fo the southeast right of way line of Nimtz
Parkway, also being fhe point of curvature of a nonfongent curve to
the left hoeing o radius of 790.00 feet, on intemo! angle of 31 ' 35'
05" and subtended by o long chord hoeing a bearing of North 39' S6' 30"
East a chord length of 430.00 feet; thence northeasterly o distance of
435.49 feet along said southeast right of way line of Nimtz Parkway,
also along said curve to the point of Tangency of said curvy; (hence
South 5T 33' 26" Eost a distance of 288.39 feet; thence South 00' 1 T
19" Wesf o distance of 325.68 feet fo the Point of Beginning and
containing 4.463 acres, more or less Said parcel of ground is subject
to all easements of record.
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'~ +` - ~ South Bend Redevelopment Authority Resolution; No. ~~
Exhibit "B" - con't
E~CHI B/T "B"
USE DESIGNATION
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Blackthorn Corporate Center-Covenants & Restridions 2/1$/94