HomeMy WebLinkAboutNo. 2446 amending the Northeast Neighborhood Development Area Development Plan to add properties to the Acquisition ListRESOLUTION N0.2446
• A RESOLUTION OF SOUTH BEND REDEVELOPMENT COMMISSION
AMENDING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
DEVELOPMENT PLAN TO ADD PROPERTIES TO THE ACQUISITION LIST
WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body
of the City of South Bend Department of Redevelopment ("Department"), on November 17, 2003,
adopted Resolution No. 2016 declaring the Northeast Neighborhood Development Area to be a
blighted area within the meaning of Indiana Code § 36-7-14 ("Act"); and
WHEREAS, Resolution No. 2016 and the Northeast Neighborhood Development Area
Development Plan ("Plan") adopted by Resolution No. 2016 on November 17, 2003, were confirmed
by Resolution No. 2021, adopted on December 19, 2003; and
WHEREAS, Resolution No. 2016 established the boundaries of the Northeast Neighborhood
Development Area ("Area") as set forth at Exhibit A; and
WHEREAS, Resolution 2016 was amended by Resolution 2054, adopted May 21, 2004; and
WHEREAS, Resolution 2016 was further amended by Resolution 2128, adopted February
18, 2005; and
• WHEREAS, Resolution 2016 was further amended by Resolution 2250, adopted July 21,
2006, and said resolution expanded the Northeast Neighborhood Development Area by adding
Expansion Area No. 1; and
WHEREAS, Resolution 2016 was further amended by Resolution 2311, adopted February
16, 2007, and said resolution removing a portion of property from the Northeast Neighborhood
Development Area, which removed areas is referred to herein as Contracted Area No. 1; and
WHEREAS, Resolution 2016 was further amended by Resolution 2312, adopted February
16, 2007, and said resolution expanded the Northeast Neighborhood Development Area by adding
Expansion Area No. 2; and
WHEREAS, Resolution 2016 was further amended to establish a housing program (the
"Housing Program") and declare a housing allocation area in the Area by Resolution 2344, adopted
June 19, 2007, which was confirmed by Resolution 2350 adopted on June 19, 2007; and
WHEREAS, Resolution 2016 was further amended by Resolution 2341, adopted June 22,
2007; and
WHEREAS, Section 39 of the Act permits the creation of an allocation area within a
redevelopment area to provide for the allocation and distribution, as provided by the Act, of the
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proceeds of taxes levied on property situated in the allocation area; and
• WHEREAS, the Commission, in accordance with the Act, has previously established the
Northeast Neighborhood Development Area, Allocation Area No. 1; and
WHEREAS, the Commission, in accordance with the Act, expanded the boundaries of the
Northeast Neighborhood Development Area, Allocation Area No. 1 to include Expansion Area No. 1
by the adoption of Resolution 2250, adopted July 21, 2006; and Expansion Area No. 2 by the
Resolution 2312, adopted February 16, 2007; and
WHEREAS, the Commission, in accordance with the Act, contracted the boundaries of the
Northeast Neighborhood Development Area, Allocation AreaNo. 1 to exclude Contracted Area No.
1, by the adoption of Resolution 2311, adopted February 16, 2007; and
WHEREAS, the Commission adopted Resolutions 2344 and 2350, designating an area
previously within Northeast Neighborhood Development Area, Allocation Area No. 1, as the
Northeast Neighborhood Development Area, Allocation Area No. 2, a housing allocation area
established to support the Housing Program, all in accordance with Sections 39 and 48 of the Act;
and
WHEREAS, Resolution 2016 was further amended by Resolution 2370, adopted September
7, 2007; and
• WHEREAS, the Plan includes a list of parcels of property to be acquired (the "Property
Acquisition List"); and
WHERAS, there has been presented at this meeting of the Commission for its consideration
and approval a proposed amendment to the Plan adding parcels of property to the Property
Acquisition List, identifying the types of redevelopment projects and purposes to be undertaken in
the Area, and providing for the acquisition of such additional parcels (the Plan as amended is
hereinafter referred to as the "Plan"); and
WHEREAS, Indiana Code § 36-7-14-17.5 provides the means for amending a resolution or
plan in a way that enlarges the boundaries of an economic development area by not more than twenty
percent (20%) of the redevelopment area or adds one (1) or more parcels to the Area's Property
Acquisition List; and
WHEREAS, the Commission has caused notice of a public hearing regarding its
consideration of amending the Plan as described above for April 18, 2008, to be (i) published in the
South Bend Tribune and the Tri-County News on April 4, 2008, and (ii) sent by first class mail at
least ten (10) days prior to said public hearing to (a) all affected neighborhood associations (as such
term is used in Section 17.5 of the Act), if any and (b) to the persons owning a property proposed to
be added to the Property Acquisition List, which are listed and described at Exhibit B all in
accordance with and in satisfaction of the requirements of the Act; and
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WHEREAS, at the hearing held by the Commission on the 18th day of April, 2008 at 10:00
a.m., Eastern Standard Time, at 1308 County-City Building, 13th Floor, 227 West Jefferson
Boulevard, South Bend, Indiana, the Commission heard all persons interested in the proceedings and
received and considered l written remonstrances and objections and other such evidence
presented.
WHEREAS, the Commission finds that it is necessary to amend the Plan by modifying the
Property Acquisition List to add certain parcels of property to said list, said properties being more
particularly described at Exhibit B attached hereto and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF
REDEVELOPMENT, AS FOLLOWS:
1. The Commission finds that the proposed amendment to the Plan and to Resolution
No. 2016, as amended, is reasonable and appropriate when considered in relation to the Plan and
Resolution No 2016, as amended, respectively, and the purposes of the Act.
2. The Commission finds that the Plan and Resolution No. 2016, with the proposed
amendment, conform to the comprehensive plan of the City.
3. To accomplish redevelopment of the Area, it is necessary to acquire additional land
within the Area as shown at Exhibit B, attached hereto and incorporated herein.
4. It is estimated that the cost of acquisition and redevelopment of the properties being
added to the Property Acquisition List shown at Exhibit B is $2,000,000.00.
5. The Plan is amended by adding the properties shown on Exhibit B to the Property
Acquisition List, and is hereby in all respects approved.
6. The Secretary is hereby directed to file a certified copy of said Plan, as amended,
together with the minutes of this meeting.
7. The Secretary is hereby directed to record this resolution pursuant to the requirements
of Indiana Code § 36-7-14-17.5(g).
8. All other findings, determinations, and conclusions in Resolution No. 2016, as
amended, shall remain as stated therein.
9. The United States of America is hereby assured of full compliance by the South Bend
Redevelopment Commission with regulations of the Department of Housing and Urban
Development effectuating Title VI of the Civil Rights Act of 1964, as amended.
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ADOPTED at a meeting of the South Bend Redevelopment Commission held on April 18,
2008, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
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Signature
Marcia I. Jones, President
Printed Name and Title
South Bend Redevelopment Commission
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South Bend Redevelopment Commission
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Exhibit A
Leal Descr~tion of the Boundaries of the Area
Beginning at the intersection of the centerlines of the East Race and LaSalle Avenue; thence East
along said centerline of LaSalle Avenue to a point 110 feet West of the West right-of--way line of
Niles Avenue; thence North 159.25 feet; thence East 110 feet to the West right-of--way line of
said Niles Avenue; thence Easterly to the Northwest corner of Lot 71 in the Original Town of
Lowell; thence East along the North line of said Lot 71 to the centerline of the first North-South
alley East of Niles Avenue; thence North along said centerline of said Alley to the centerline of
Madison Street; thence East along said centerline to the centerline of Hill Street; thence South
along said centerline to the centerline of LaSalle Avenue; thence East along said centerline to the
West right-of--way line of Frances Street; thence South along said West right-of--way line to the
North right-of--way line of the First East-West alley South of LaSalle Street; thence West along
said North right-of--way line to the West right-of--way line of the First North-South alley West of
Frances and its projection North; thence South along said West right-of--way line and its
projection to the centerline of Colfax Street; thence East along said centerline to the centerline of
Eddy Street; thence North along said centerline to the centerline of LaSalle Street; 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 Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates;
thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge
Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to
the East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said
East line and its projection to the Northeast corner of said Lot 5; thence West to the East property
line of a parcel of land owned by Patrick and Josephine Simeri; thence North to the Northeast
corner of said Simeri parcel; thence West along the North line of Simeri parcel to the Northwest
corner of said Simeri parcel; thence South along the West line of said Simeri parcel to a point
208.71 feet North of the South line of the Southeast Quarter of Section 31, Township 38 North,
Range 3 East, St. Joseph County, Indiana; thence West parallel with said South line, a distance of
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208.71 feet; thence North to the Northeast corner of the Jamison Inn Condominium; thence West
along the North line of said Jamison Inn Condominium to the centerline of Ivy Road; thence
South along said centerline of Ivy Road to the North right-of-way line of Edison Road; thence
Westerly, Southwesterly and Westerly along said North right of-way line of Edison Road and
changing to Angela Boulevard to the Southwest corner of a parcel of land having Tax Key
Number 18-5123-4392.03 in records of the St. Joseph County Auditor's Office; thence North
along the West property line of said Tax Key Number 18-5123-4392.03 to the centerline of the
now vacated Angela Boulevard; thence Southwesterly along said centerline of the now vacated
Angela Boulevard to the centerline of Notre Dame Avenue; thence West along the centerline of
Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the
Recorder of St. Joseph County, Indiana projected North; thence South along the West lines of
Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the
North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence
South along said centerline to the centerline of Napoleon Street; thence West along said
centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the
centerline of Corby Street; thence East along said centerline to a point 120 feet West of the first
North-South alley East of Niles Avenue projected North; thence South, to a point 150 feet South
of the South right-of--way line of Corby Street; thence East parallel with said South right-of-way
line to the West right-of--way line of said first North-South alley East of Niles Avenue; thence
South along said West right-of--way line, a distance of 222 feet; thence Southwesterly, a distance
of 260.82 feet; thence Northwesterly, a distance of 85 feet; thence Southwesterly, a distance of
222 feet to the Northeasterly right-of--way line of Niles Avenue; thence Northwesterly along said
right-of--way line, a distance of 312 feet; thence Northeasterly, a distance of 199.95 feet; thence
Northerly, a distance of 141.54 feet to a point 378.66 feet West of said first North-South alley
East of Niles Avenue to a point on the South right-of--way line of Corby Street; thence West
along said South right-of--way line and its projection West to the East shore of the St. Joseph
River; thence Southerly along said East shore to the intersection with the centerline of the East
Race; thence Southeasterly along said centerline to the place of beginning containing 647.22
acres more or less.
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REGDRDED AS PRESENTER UN
05/07!2008 11:32:48AM
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TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: 524.00
PAGES: 7
EXHIBIT B
Properties to be Added to Acquisition List
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PARCEL ID ADDRESS OWNER OF RECORD
1 18-5098-3459 1028 Eddy South Bend Housing Authority
2 18-5099-3489 1060 Burns Huey Hudson
3 18-5099-3493 1056 Burns Samuel & Betty Kariuki
4 18-5099-3497 1054 Burns Samuel & Betty Kariuki
5 18-5099-3498 1046 Georgiana South Bend Housing Authority
6 18-5099-3500 1050 Burns Ave N Wayne Curry Jr
7 18-5099-3507 1030 Georgiana Simon & Wilmae Love
8 18-5099-3510 Vac Lot 1100 Blk S. Bend Av Charles C & Louise Green
9 18-5099-3511 V/L E & Adj 1022 Burns Five Corners LLC
10 18-5099-3512 V/L E Of 1022 Burns Five Corners LLC
11 18-5099-3514 1215 South Bend Av Dell Owens
13 18-5100-3532 1126 1128 Burns South Bend Housing Authority
14 18-5100-3533 1125 1127 Duey South Bend Housing Authority
15 18-5100-3550 1102 Burns South Bend Housing Authority
16 18-5101-3573 1104 Eddy South Bend Housing Authority
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