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HomeMy WebLinkAboutNo. 2344 establishing a housing program and housing allocation area in the Northeast Neighborhood Development Areaf 7 • RESOLUTION NO. 2344 RESOLUTION OF THE SOUTH BEND REDEVF,LOPMENT COMMISSION ESTABLISHING A HOUSING PROGRAM AND DESIGNATING AND DECLARING A HOUSING ALLOCATION AREA IN THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND AMENDING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend 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 et se ., as amended from time to time (the "Act"); and WHEREAS, the Commission has previously designated and declared ail area in the City of South Bend, hidiana (the "City"} known as the Northeast Neighborhood Development Area (the "Area") to be a redevelopment area and an allocation area, for purposes of tax increment financing and established an allocation fund for said Area all pursuant to Resolution No. 2016 adopted by the Commission on November 17, 2003; and WHEREAS, Resolution No. 2016 was confirmed by Resolution No. 2021, adopted on December 19, 2003; and WHEREAS, Resolution No. 2016 was amended by Resolution No. 2250, adopted on July 21, 2006; and WHEREAS, Resolution No. 2016 was further amended by Resolution No. 2311 and Resolution No. 2312, adopted on December 16, 2006 (Resolution No. 2016, as amended is referred to herein as the "Declaratory Resolution"); and WHEREAS, Section 45 of the Act provides that the Commission may establish a program for housing as part of a redevelopment plan or an amendment to a redevelopment plan, and must establish an allocation area for purposes of Sections 39 and 48 of the Act for the accomplishment of the housing program; and WHEREAS, Sections 39 and 48 of the Act have been enacted to permit the creation of housing allocation areas within a redevelopment area with a housing program to provide for the allocation and distribution, as provided in the Act, of the proceeds of taxes levied on property situated in a housing allocation area; and WHEREAS, the Commission desires to establish a housing program in the Area (the "Housing Program"), as more particularly described in Exhibit A, attached hereto and made apart hereof, and a hottsing allocation area ("Allocation Area No. 2") for the Housing Program eimao~ a~~,~~ioo~z - ~ r within the Area, as more particularly described in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Commission previously adopted a redevelopment plan for the Area entitled the "Northeast Neighborhood Development Area Development Plan" (hereinafter referred to as the "Development Plan"), and the Commission desires to amend such Development Plan (the "Plan Amendment") by including provisions for the establishment of the Housing Program and Allocation Area No. 2 within the boundaries of the Area, as set forth in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the Department, pursuant to the Act, has previously conducted surveys and investigations and has thoroughly studied the Area within the City; and WHEREAS, upon such surveys, investigations and studies being made, the GOmmission finds that the Plan Amendment, which Plan Amendment is attached hereto and is hereinafter adopted in this Resolution, cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act due to the lack o[' public improvements, the existence of improvements or conditions that lower the value of the land below that of nearby land, or other similar conditions, and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment, which shall include the Housing Program a~1d Allocation Area No. 2 within the Area; and WHEREAS, the Commission has previously caused. to be prepared maps and plats of the Area_ said maps and plats of the Area showing the boundaries of the Area, the location of the various parcels of property, streets and alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition, and the parts of the Area that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the plans for the economic development of the Area as adopted herein; and WHEREAS, the Commission has determined that it currently has no intention to acquire real property as part of the Plan Amendment adopted herein; and WHEREAS, the Department (under the title of the Department of Community and Economic Development) has previously consulted with persons interested in or affected by the proposed Housing Program and has provided the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed Housing Program; and WHEREAS, the Department held a public meeting in the affected neighborhood on May 30, 2007 to obtain the views of neighborhood associations and residents and published notice of such meeting in accordance with IC 5-3-1; and WHEREAS, there was presented to this meeting of the Commission for its consideration and approval, a copy of the Plan Amendment, which Plan Amendment consists of forty-ei ht (48) pages, and is attached hereto as Exhibit C; and BDDBOI 4766100v2 - 2 - i r WHEREAS, the Commission desires to establish the Housing Program in the • Area in accordance with Section 45 of the Act, to designate and declare Allocation Area No. 2 as a housing allocation area in the Area in accordance with Sections 39 and 48 of the Act, and to amend the Development Plan through the Plan Amendment in accordance with the Act to accomplish the foregoing; NOW THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1. The Commission hereby finds and determines that the Plan Amendment is in all respects approved and is hereby adopted as part of the Development Plan for the Area. Such Plan Amendment shall be entitled "Amendment to the Northeast Neighborhood Development Area Development Plan," and when combined with the original Development Plan, shall be deemed to refer to such Development Plan as so amended. 2. The Commission hereby finds and determines that this Resolution and the Plan Amendment conform to other development and redevelopment plans for the City and that the Plan Amendment is reasonable and appropriate when considered in relation to the Declaratory Resolution, the Development Plan and purposes of the Act. 3. The Commission hereby finds and determines that a housing program to be designated as the "Northeast Neighborhood Development Area Housing Program" (also referred to as the "Housing Program") is hereby established based on the findings set forth in Paragraph 6. 4. The Commission hereby finds and determines that for purposes of the allocation provisions of Sections 39 and 48 of the Act, the area in which the Housing Program is located shall constitute a housing allocation area for purposes of the Act and this Resolution. 5. Such housing allocation area shall be designated as the "Northeast Neighborhood Development Area, Allocation Area #2" (also referred to as "Allocation Area No. 2"). 6. The Commission hereby finds and determines pursuant to Section 47 of the Act that: (a) not more than twenty-five (25) acres of the area in Allocation Area No. 2 has been annexed during the preceding five (5) years; (b) no area within Allocation Area No. 2 has been annexed within the preceding five (5) years over a remonstrance of a majority of the owners of land within the annexed area; (c) the Housing Program cannot be accomplished by regulatory processes or ordinary operation of private enterprise because of: (1) the lack of public improvements; i BDDBOI 4766100v2 - 3 - ~- • (2) the existence o'f improvements or conditions that lower the value of the land below that of nearby land; or (3) other similar conditions; (d) the public health and welfare will be benefited by accomplishment of the Housing Program; (e) the accomplishment of the Housing Program will be of public utility and benefit as measured by: (1) the provision of adequate housing for low and moderate income persons; (2) an increase in the property tax base; or (3) other similar public benefits; (f) at least one-third (1/3) of the parcels in Allocation Area No. 2 are ~~acant; (g) at least seventy-five percent (75%) of Allocation Ares No_ 2 is used for residential purposes or is planned to be used For residential purposes; • (h) at least one-third (li3) of the residential units in Allocation Area No. 2 were constructed before 1941; (i) at least one-third (1/3) of the parcels in Allocation Area No. 2 have at least one (1) o f the following characteristics: (1) the dwelling unit on the parcel is not permanently occupied; (2) the parcel is subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition; (3) two (2) or more property tax payments on the parcel are delinquent; or (4) the parcel is owned by local, state, or federal government; and (j) the total area within the municipality that is included in Allocation Area No. 2 established for the Housing Program does not exceed one hundred fifty (150) acres. BDDF301 4766100v2 - 4 - 7. 'Any property taxes levied on property in Allocation Area No. 2 in 2007 for collection in 2008, and thereafter, except as otherwise provided in Sections 39 or 48 of the Act, by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in Allocation Area No. 2 shall be allocated and distributed as follows: (a) The proceeds of the taxes attributable to the lesser of: (i) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or (ii) the net assessed value of all the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of these allocation provisions (as adjusted under Section 39(h) of the Act), which assessment date is March 1, 2007; and, to the extent not included in the above, the proceeds of taxes attributable to property that is assessed as residential property under the rules of the Department of Local Government Finance regardless of the assessment date for such residential property shall be allocated to, and when collected, paid into the f~mds of the respective taxing units; (b) Property tax proceeds in excess of those described in Paragraph 7(a) shall be allocated to the Redevelopment District and, when collected, paid into an allocation fiu~d for Allocation Area No. 2. such fund hereinafter created by this Resolution. (c) The proceeds distributed to the Redevelopment District pursuant to Paragraph 7(b) hereof, shall he deposited in an allocation fund designated "City of South Bend, Indiana, Department of Redevelopment, Northeast Neighborhood Development Area, Allocation Area #2 Allocation Fund" (the "Allocation Fund"). and may be used only as provided for in the Act for purposes related to the accomplishment of the Housing Program, including to (i) construct, rehabilitate, or repair residential units within Allocation Area No. 2; (ii) constrict, reconstruct, or repair any infrastructure (inchding streets, sidewalks, and sewers) within or serving Allocation Area No. 2; (iii) acquire real property and interests in real property within Allocation Area No. 2; (iv) demolish real property within Allocation Area No. 2; (v) provide financial assistance to enable individuals and families to purchase or lease residential units within Allocation Area No. 2, but only to those individuals and families whose income is at or below the county's median income for individuals and families, respectively; (vi) provide financial assistance to neighborhood development corporations to permit them to provide financial assistance for the purposes described in (v); and (vii) provide each taxpayer in Allocation Area No. 2 a credit for property tax replacement as determined in Section 48(c) and (d) of the Act, but only if the City Common Council establishes the credit by ordinance adopted in the year before the year in which the credit is provided. (d) The proceeds distributed to the Redevelopment District pursuant to Paragraph 7(b) hereof, shall be deposited in the Allocation Fund and may be used only as provided for in the Act, and more particularly to accomplish the following for property that is residential in nature (i) pay the principal of and interest on any BDDBOI 4766100v2 - S - obligations payable solely from allocated tax proceeds which are incurred by the Redevelopment District for the purpose of financing or refinancing the redevelopment of Allocation Area No. 2; (ii) establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in Allocation Area No. 2; (iii) pay the principal of and interest on bonds payable from allocated tax proceeds in Allocation Area No. 2 and from the special tax levied under Section 27 of the Act; (iv) pay the principal of and interest on bonds issued by the City to pay for local public improvements in or serving Allocation Area No. 2; (v) pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in Allocation Area No. 2; (vi) make payments on leases payable from allocated tax proceeds in Allocation Area No. 2 under Section 25.2 of the Act; (vii) reimburse the City for expenditures made by it for local public improvements (which include buildings, parking facilities, and other items described in Section 25.1(a) of the Act) in or serving Allocation Area No. 2; (viii) reimburse the City for rentals paid by it for a building or parking facility in or serving Allocation Area No. 2 under any lease entered into under IC 36-1-10; (ix) pay expenses incurred by the Commission for local public improvements that are in or serving Allocation Area No. 2; (e) The proceeds distributed to the Redevelopment District pursuant to Paragraph 7(b) hereof, shall be deposited in the Allocation Fund and may be used only as provided for in the Act. and more particularly to reimburse the City for expenditures made by the City in order to accomplish the Housing Program in Allocation Area No. 2. Provided however, that if future uses of property tax proceeds allocated to the Allocation Fund are authorized or permitted by amendments to the Act, including Sections 39 and 48 of the Act, after the effective date of this Resolution, those uses shall also be authorized or permitted for property tax proceeds allocated to the Allocation Fund. 8. Before July 15 of each year, the Commission shall do the following: A. Determine the amount, if any, by which property taxes payable to the Allocation Fund in the following year will exceed the amount of property taxes necessary to make, when due, principal and interest payments on bonds described. in Paragraph 7(d) plus the amount necessary for the other purposes described in 7(d) and to reimburse the City for anticipated expenditures described in Paragraph 7(e). B. Notify the County Auditor of the amount, if any, of the amount of excess property taxes that the Commission has determined may be paid to the respective taxing units in the manner prescribed in Paragraph 7(a). 9. All other findings, determinations, and conclusions in the Declaratory Resolution shall remain as stated therein, unless the provisions of this Resolution provide otherwise. • aooQOi a~~~ioo~z - 6 - ~10. ' "Property Taxes" referred to herein shall mean taxes imposed under IC • 6-l .l on real property only. 11. The allocation provisions of Paragraph 7 hereof shall expire no later than December 31, 2036. 12. The Secretary of the Commission is directed to file a certified copy of the Resolution and Plan Amendment, with the minutes of this meeting. 13. The officers of the Commission are hereby directed to make any and all required filings with the Indiana Department of Local Government Finance, the St. Joseph County Auditor and the appropriate Township Assessors in connection with the creation of Allocation Area No. 2. l4. This Resolution, together with supporting data. shall be submitted to the St. Joseph County Area Plan Commission and the City Common Council, as provided by Section 16 of the Act, for the approval of the Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 of the Act, after public notice in accordance with Section l 7 of the Act and IC 5-3-1 and after all required things with governmental agencies and officers have been made pursuant to Section 17(b) and Section 17(c) of the Act. 1 ~. All orders or resolutions in conflict herewith are hereby rescinded, • revoked and repealed in so far as such exist. 16. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed, or proceedings began before the effective date of this Resolution. 17. This Resolution shall be in frill force and effect after its adoption by the Commission. CJ ~~~~~ aDDBOI 47GGIOOv2 - 7 - t ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on June 19, 2007, at 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana. SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: S ret y , regory S . s C~ • E3DDB01 476(, I OOv2 President , Marci Jones -8- EXHIBIT A The intent of the Northeast Neighborhood Development Area Housing Program and Allocation Area #2 Declaration is to establish a Residential Tax Increment Finance Allocation Area and a Housing Program, as permitted by IC 36-7-14-45 through IC 36-7-14-48, to redevelop a specific area within the Northeast Neighborhood Development Area. As a function of the designation of the Northeast Neighborhood Development Area Housing Program, the TIF Allocation Area created by Resolution 2016 of the South Bend Redevelopment Commission on November 17, 2003, will be divided into two TIF Allocation Areas. A legal description for TIF Allocation Area #2 is included with this document as Exhibit B. As a provision of the designation of this Housing Program and Allocation Area #2 and as permitted by IC 36-7-14-48(a), all real property tax increment generated by both residential and commercial development will be collected and used to further the Development Plan for the Northeast Neighborhood Development Area, specifically as it relates to the Housing Program and as otherwise permitted by statute. Within the Northeast Neighborhood Development Area Housing Program and Allocation Area #2, three main Redevelopment Project Areas have been delineated for planning purposes. The areas are as follows: Eddv Street C'omiTtons Project is the project name fora 26 acre section of the redevelopment area that will be master developed in a multi-use, urban format with uses including but nc~t limited to general commercial, office, multi-format residc:.ntial, hotel, structured and surface parking, and limited public and open space. This project is being master developed by Indianapolis-based Kite Realty Group in partnership with the University of Notre Dame. Five Points Proiect is the project name for a future retail commercial node development in the area currently and commonly known as the Five Points intersection. Uses in this area could include but are not limited to general commercial, office, multi-format residential, structured and surface parking, and limited public and open space. This project area is dependant on the realigmment of the five points intersection area to make available the land areas necessary to create the development sites. Triangle Residential Proiect or also described in the Northeast Neighborhood Development Plan as the Geor~iana-Talbot Residential Redevelopment Area is the redevelopment of a 15 acre section of the redevelopment area currently and commonly referred to as the Triangle. The goal of this redevelopment area is to remove all blighting and non-conforming properties and land uses, and develop a new mixed income neighborhood. A frill explanation of the Housing Program plan can be found in Exhibit C. 1 BDDB01 4766100v2 ' EXHIBIT B NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA ALLOCATION AREA #2 June 8, 2007 A part of the East Half of the Northeast Quarter of Section 1, Township 37 North, Range 2 East; and a part of the North Hal f of the Northwest Quarter of Section 6, Township 37 North, Range 3 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Begiiuling at the Southwest corner of Lot 1 18 in Sorin's Second Addition, the plat of which is recorded in Plat Book 1, page 10 in said Office of the Recorder; thence North along East right-of--way line of Frances Street to the Southwest conger of Lot 46 in Sorin's 2"`~ Addition; thence East along the North right-of--way line of St. Vincent Street, a distance of 172 feet to the centerline of a vacated alley East o~f said Lot 46; thence North along said centerline of said vacated alley to the South right-of--way line of Napoleon Street :thence North 00 degrees 21 minutes 10 seconds West 82.50 Ceet along the prolongation of said centerline crossing Napoleon Street to the north boundary of said Napoleon Street; thence South 89 degrees 46 minutes 20 seconds West 22.81 feet along the boundary of said Napoleon Street to the southwest corner of Parcel I described in Instnunent ?\'umber O1 17585: thence North 02 degrees 44 minutes 02 seconds West 504.04 feet along the west line of said Parcel (to the southwestern boundary of Edison Road; thence South 78 degrees 02 minutes 36 seconds East 47.16 feet along the boundary of said Edison Road; thence South 89 degrees 21 minutes 11 seconds East 130.00 feet along said boundary; thence South 85 degrees 55 minutes 30 seconds East 112.72 feet crossing Eddy Street to the southwest corner of the 7.300-acre tract of land described in Instrument Number 0601917, said 7.300-acre tract establishes the boundaries of Edison Road; the following three (3) courses are along said southeastern and south line of said 7.300-acre tract; (1) thence North 65 degrees 42 minutes 03 seconds East 63.40 feet; (2) thence South 89 degrees 21 minutes 11 seconds East 969.01 feet; (3) thence Easterly 187.63 feet along an arc to the left having a radius of 1,190.00 feet and subtended by a long chord having a bearing of North 86 degrees 07 minutes 48 seconds East and a length of 187.43 feet; thence South 21 degrees 22 minutes 43 seconds East 682.12 feet to the north line of Hartman and Woodworth's Plat, the plat of which is recorded in Plat Book 7, page 30 in said Office of the Recorder; thence South 89 degrees 50 minutes 18 seconds West 454.00 feet to the Easterlyright-of--way line of a 12 foot alley; thence South along said East right-of--way line of said 12 foot alley to the Northwesterly right-of--way line of South Bend Avenue (State Road 23); thence Southwesterly along said Northwesterly right-of--way line to the North right-of--way line of Corby Boulevard; thence West along said North right-of--way line of Corby Boulevard to the place of beginning containing 60.05 acres more or less. BDDBOI 4766100v2 • • ~~~aoi aw~,ioo~z EXHIBIT C Attach Plan Amendment • AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN DESIGNATION OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA HOUSING PROGRAM PLAN AND ALLOCATION AREA #2 (includes Eddy Street Commons, Five Points Project, and the Triangle Residential Project) Dated June 12, 2007 Declaratory Resolution 2344 approved by the South fiend Redevelopment Commission on XX XX, 2007 Declaratory Resolution XXXX approved by the Area Plan Conunission on XX XX, 2007 Declaratory Resolution XXXX approved by the South Bend Common Council on XX XX, 2007 Contirming Resolution XXXX approved by the South Bend Redevelopment Commission on XX XX, 2007 AMENDNIENT'TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN DESIGNATION OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA I-(OUSING PROGRAM PLAN AND ALLOCA"LION AREA #2 Table of Contents .4. Description of Project Area I. Buundaries of the Northeast Neighborhood Develupu~ent Area (NNDA) ?. Boundaries of Northeast Neighborhood Development Arch 1~IF Allocation Areas _ . Boundaries of Allocation Area #2 -Northeast Neighborhood Development Area Housing Program (NNDAI-IP) 6. Land L`se Plan i I. Maps 1 ?. Land Ilse Provisions 1 (~. Proposed Project Activities I I Northeast Neighborhood Development Area Declaration 1 ?. Northeast Neighborhood TIF Allocation Area # l Declaration 4 \~ortheast \rei~ hhorhood Development Area If~~u~in~ Pr~~~r~m rind 4 ~Ilocation .area ~2 Declaration -1. Statutury Cun~pliance 7 ll. Procedures for Changes iu the llevelopmeut Plan IZ F.. Statutor~° Authority I ~ t ttach nr en t.~ General [nfonuation A. Resolution 2016 declaring the Northeast Neighborhood Development Area 14 B. Legal Description for TIF Allocation Area #1 24 C Legal Description for TIF Allocation Area #2 -Northeast Neighborhood 27 Development Area Housing Program D. Statutory Requirement Data Tables 29 Maps A. Northeast Neighborhood Development Area Boundary Map 35 B. Northeast Neighborhood Development Area TIF Allocation Areas Map 37 C Northeast Neighborhood Development Area Housing Program Map 39 D. Northeast Neighborhood Development Area Housing Program Project Phase Map 41 E. Eddy Street Commons (Phase I) Project Map 43 F. Triangle Residential Project Map 45 • A. 'Description of Project 1. Boundaries of the Northeast Neighborhood Development Area (NNDA) See Mup A z. Boundaries of Northeast Neighborhood Development Area TIF Allocation Areas See General Information B &C and Map B 3. Boundaries of T1F Allocation Area #2 Northeast Neighborhood De~~elopment Area Housing Program See General I~rfo~-niation C and Map C B. Land Use Plan 1. Maps :~. ?~~ortheast Neighborhood Development :nre~ Boundary Map b. Northeast Neighborhood Development Area Housing Program Project Phase Map c. Eddy Street Commons (Phase 1) Project Map d. Triangle Residential Project Map '. Land Usc Provisions a. ResidentiaUGommercial Land Uses. b. Public uses including streets, right-of-wa~~s, and park land c. Accessory uses and structures, subordinate, appropriate and incidental to the permitted primary uses. d. Temporary structures, incidental to development of land during COI1StCUCtlon. e. All uses detailed in the Planned Unit Development zoning proposal for the Eddy Street Commons project. C. Proposed Project Activities 1. Northeast Neighborhood Development Area Declaration a. Purpose The purpose of the establishment of the Northeast Neighborhood Development Area as described in Section IA of the Northeast Neighborhood Development Area Development Plan (the "Development Plan") is as follows: ~I~o set forth an organizing vision, mission statement, strategy and action plan for the economic revitalization and physical redevelopment of the area of the city known as the Northeast Neighborhood; • To designate a new development target area and taa increment allocation area within the City of South Bend; To establish a Framework for an ongoing collaborative planning effort involving Northeast Neighborhood residents, business owners, civic associations- institutional partners and local government. b. Guals and Objectives of the Development Plan Goals (as defined in Section III B of the Development Plan) The goals of the Development Area Plan are: • to ensure nei~=hborhood stability and sustainability for the benefit of current and future residents and business owners; • to protect and increase the property tax base ohthe area; • to introduce a variety of retail services to serve cutYent residents and support residential growth; • to create employment opportunities through new retail and commercial development; • to encourage housing options for a diversity of household types, age groups, and income levels; • to improve conditions that determine the overall livability of the Northeast Neighborhood, including its physical environment, social capacities, economic viability, public safety concei7is and connections with the wider comnumity. • 2. Objectives (as defined in Section III C of the Development Plan) The objectives of the Development Area Plan are: • to stimulate private sector investment within the neighborhood, including new construction, rehabilitation, and the reuse of vacant or underutilized land, buildings and facilities; • to coordinate and wide existing economic revitalisation strategies, physical redevelopment programs and human and social service programs of private sector stakeholder organizations and public and non-profit agencies within a comprehensive Development Plan; to implement the most current land use and zoninU recommendations of the Area Plan Commission of St. Joseph Cuunty and the South Bend Common Council, which encourage urban residential density and mixed- use development, where appropriate; • to promote design standards that respect and conserve the architectural and social fabric of the neighborhood; • to minimize the intrusion of negative impacts of commercial development on the adjacent residential areas, such as vehic~dar traffic, noise, trash and other nuisances; • to improve vehicular traffic circulation patterns in the area for the public safety benefit of all South Bend residents and visitors; • to encourage a balanced transportation system within the area that provides for and accommodates multiple forms of transportation, including automobile, bus, bicycle and pedestrian traffic. Designation History 1. The Northeast Neighborhood Development Area was designated on November 17, 2003, by Declaratory Resolution 20I 6 of the South Bend Redevelopment Commission. 2. The Northeast Neighborhood Development Area was established as a redevelopment area (IC 36-7-14-15) and met the provisions ~fblight as defined by IC 3C-7-i4-15 (c). The Development Plan and. all associated resolutions of declaration for the Northeast Neighborhood Development Area are available and on file with the City of South Bend Department of Comnnmity and Economic Development. 4. As of the drafting of this Development Plan Amendment, there have been two boundary additions, one boundary contraction and fourteen (14) properties have been added to the ,Acquisition Plan b_y the South Bend Redevelopment Commission. 2. Northeast Neighh~rhood TIF Allocation Area # 1 Declaration In an effort to establish financial resources to facilitate the necessary redevelopment activities cLetailed in the Development Plan, Section V [ A 1 of the [development Plan details that the creation of a Tax Increment Finance Area be established as one of the fund gencra~ion mechanisms within the development area. b. As a function o1~ the designation of the Northeast Neighborhood Development Area as a redevelopment area by the South Bend Redevelopment Commission, the entire boundary area of the development area was established as a Tax Increment Finance (TIF) Allocation Area #1. As a f~n~ction of the expansion and contraction of the boundaries of the Northeast Neighborhood Development Area, the boundaries of the TIF Allocation Area #1 remain coterminous with the boundaries of the development area. 3. Northeast Neighborhood Development Area Housing Program and Allocation Area #2 Declaration a. Intent 1. The intent of the Northeast Neighborhood Development Area Housing Program and Allocation Area #2 Declaration is to establish a Residential Tax hlcrement Finance Allocation Area and a Housing Program, as pernitted by IC 36-7-I4-45 • 4 through IC 36-7-14-48, to redevelop a specific area within the Northeast Neighborhood Development Area. 2. As a function of the designation of the Northeast Neighborhood Development Area Housing Program, the TIF Allocation Area created by Resolution 2016 of the South Bend Redevelopment Commission on November 17, 2003, will be divided into two TIF Allocation Areas. A legal description for TiF Allocation Area #2 is included with this document in the Attachment section. As a provision of the designation of this Housing Program and Allocation Area #2 and as permitted by IC 36-7-14- 4S(a); all real property tai increment generated by both residential and commercial development will be collected and used to further the Development Plan for the Northeast Neighborhood Development Area, specifically as it relates to the Housing Program and as otherwise permitted by statute. 4. From a development standards point of reference, the Northeast Neighborhood Development Area Development Plan is considered the guiding document for land uses plans, requirements, restrictions and other development goals and objectives. In the event that a specific document is developed for one of the redevelopment project areas as described below in C 3 b, that document will take precedence .over the Northeast Neighborhood Development Plan. b. Redevelopment Project Areas in the Northeast Neighborhood Development Area Housing Program The Northeast Neighborhood Development Area is the generalized name for a redevelopment area that comprises various projects including the Eddy Street Commons Project, Five Points Project, and the Triangle Residential Project, which three projects will be included in and a part of the Northeast Neighborhood Development Area Housing Program and Allocation Area #2. 2. Eddy Street COi721ttOYlS Proms is the project name fora 26 acre section of the redevelopment area that will be master developed in a multi-use, urban format with uses including but not limited to general commercial, office, multi-format residential, hotel, structured and surface parking, and limited public and open space. This project is being master developed by Indianapolis-based Kite Realty Group in partnership with the University of Notre Dame. Five Points Proiect is the project name for a future retail commercial node development in the area currently and commonly known as the Five Points intersection- Uses in this area could include but are not limited to general commercial, office, multi-format residential, structured and surface parking, and limited public and open space. This project area is dependant on the realignment of the five points intersection area to make a~~ailable the land areas necessary to create the development sites. 4- Triangle Residential Proie~t or also described in the Northeast Neighborhood Development Plan as the Georgia~ra-Talbot Residerrtiul Redei~elopment Ai-eu is the redevelopment of a 15 acre section of the redevelopment area currently and commonly referred to as the Triangle. The goal of this redevelopment area is t~ mm~~r all blighting and non- conforming properties and land uses, and develop a new mixed income neighbonc~~~~d. c. Goal and Objectives of Development Plan Amendment 1. Eliminate blighting, deteriorated and deterioratin~~ areas. Eliminate blighting, deteriorated and deteriorating influences. Maximize new and existing opportunities for the development of affordable housing. 4. To benefit the public health and welfare by protecting the economic value of surrounding properties. To overcome existing bar-i-iers to development by creating opportunities to fund the construction of basic public improvements. Create new job opportunities for the project area. Encourage and stimulate economic development in the project area. 8. Phase out incompatible structures and land uses. i 9. Redevelopment of parcels to he in accordance with the Northeast Neighborhood Development Area Development Plan. lU. Encourage residential, commercial, and retail redevelopment. 1 1. Support and stimulate further growth of residential, commercial, retail uses consistent with the Development Plan Amendment. 12. All other goals and objectives previously noted in the Development Plan for the Northeast Neighborhood Development Area. 4. Statutory Compliance Requirements of IC 36-7-14-47 To establish the Northeast Neighborhood Development Area Housing Program under lC ~(~-7-14-4~, the Redevelopment Commission muct make the tollo~a~ing under section 45 of this chapter: (1) Not more than twenty-five (?5) acres of the area included in the allocation area has been annexed during the preceding five (5) years. (2) No area within the allocation area has been annexed within the preceding five (5) years over a remonstrance of a majority of the owners of land within the annexed area. (3) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of: (A) the lack of public improvements; (B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or (C) other similar conditions. (4) The public health and welfare will be benefited by accomplishment of the program. 7 (5) The accomplishment o(~the program will he of public utility and benefit as measured by: (A) the provision of adequate housing [or low and moderate income persons; (B) an increase in the property tax base; or (C) other similar public benefits. (6) At least one-third (1/3) of the parcels in the allocation area established by the program are vacant. (7) At least seventy-five percent (75%) of the allocation area is used for residential purposes or is planned to be used for residential purposes. (R) At least one-third (] /3) of the residential unity in the allocation area were constructed before 1941. {~)) At least one-third (1/3) of the parcels in the allocation area have at least one (1) of the following characteristics: (A) The dwellinU unit on the pparcel is not D F' permanently occupied. (B) The parcel is the subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition. (C) Two (2) or more property tax payments on the parcel are delinquent. (D) The parcel is owned by local, state, or federal government. (10) The total area within the county or municipality that is included in any allocation area established for a housing program under section 45 of this chapter does not exceed one hundred fifty (150) acres. Review of Compliance of Statutory Requirement • As a function of gathering data to determine if the proposed Northeast Neighborhood Development Area Housing Program met the statutory requirements listed in IC' 3(~-7- 14-47, acomplete data table was developed to profile the entire area. The data table is included as Attachment D. The following infornlation addresses the Statutory Requirements in a narrative format: (1) Not more than twenty-five (25) acres of the area included in the allocation area has been annexed during the preceding five (5) years.. .4 total o f +] 1 acres of the tota158 acre area in Allocation Area #Z has beet annexed unto the City of South Beird in the past, five (S) years (2) No area within the allocation area has been annr.~cd within the preceding tip°e (5) years over a remonstrance ~f a majority of the owners of land within the annexed area. :Vo area in .91locatiorr Area #2 Iris been annexed it~ithin the precedi~ig five (~) y>ea~•s over rr rento~rstrance of a nucjoriti• of the owners of land tivithin the airnexed cu-ea. (~) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because o f: (A) the lack of public improvements; While the area, i~r tivhich the Housiizg Proaranr tivill be located, is served by public roadways and utilities, the general conditt~ons of the infrastructure are not at a general level considered as acceptable within the City of South Bend. (B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or There are a variety of blighting factors within and adjacent to N1is area, in wlziclz the Housing Program wil! he located, that have acrd are still caa~sing the Beeline of this redevelopment area. 9 • (C) other similar conditions. lit adrlitron to the variety of plrysically blighting factors iii this area, i~r which the Housing Program will be located, the area is replete -vith cr var~ery of similar blighting social and economic factors that continue to decline this area. (4) The public health and welfare will be benefited by accomplishment ot~the program. The foccrsed attention of this housing program with the expected residential and commercial development will eliminate the blighting influences in this area and serve as a nromentinrr factor in improving adjacent areas. (5) The accomplishment of the program will be of public utility and heneG~ as measured by: (A) the provision of adequate housing for low and moderate incoil~e persons; The Triangle Residential Project is proposed to be cr multi-economic a~ul diverse housing progrunr area that kill create new housing opportunities for low acrd moderate income persons. (B) an increase in the property tax base; or The proposed residential and commercial development will be of srrbst~uitial uicrease compared to die ~risting property tax base. But for die increased property t«,r revenue projected to be generated fi•onr body the residential and connnercial dei~elopnrents, redevelopment of this area would be an economic impossibility. (C) other similar public benefits. LJ The creation of the Eddy Street Commons commercial area will serve as not only a neighborhood focal point as well as a retail destinatio~r location. The reside~rtial aspects of this e~itire project will serve as a tremendous opportunity to improve dre laoacsiiig stock of the City of South Bend for a variety of income levels. 10 (6) At least one-third (1/3) of the parcels in the allocation area established by the program are vacant. Of~dte 171 parcels itt Allocution Area #2, 81 (47.4""/0) cn~e presently vacant. (7) At least seventy-five percent (75%) of the allocation area is used for residential purposes or is planned to be used for residential pwposes. At least sevent}~-five percent (75%) of Allocation Area #2 is used for residential ptcrposes or is planned to be used for residetrtia! put~oses. (8) At least one-third (1,'3) of the residential units in the allocation area were constructed before 1941. Of the 75 recidentia! runts in Allocation Area #2, 40 (53.3%) ware cotrstrrrctc~d before 1941. (9) At least one-third (1 i3) of the parcels in the allocation area have at least one (1) of the following characteristics: Of the I71 parcels in ,-lllocatiott Area #2, 82 parcels or 48""/r, of die parcels !rave ut least one (1) of the following characteristics: (A) The dwelling unit on the parcel is not permanently occupied. 38 parcels have rt dwelling unit that ~s not pertuanently occupied. (B) The parcel is the subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition. 63 parcels are dze subject of a governtnetttal order, issued trader a statute or utz ordinance, reyuirittg the correction of a Irozrsi~tg code violation or unsafe huilditt~ condition. (C) `Cwo (2) or more property tax payments on the parcel are delinquent. 11 7 parcels are two (2) or more property tax paymeirts delinyuerrt. (D) The parcel is owned by local, state, or federal government. 9 parcels are owned by local, state, or federal government. (10) The total area within the county or municipality that is included in any allocation area established for a housing program under section 45 of this chapter does not exceed one hundred fifty (1~0) acres. The total area o f Allocation Area #2 is ~8 acres. U. Procedures for Changes in the Development Flan The Northeast Neighborhood Development Area Housing Program Development Plan may be amended by resolution of the youth Bend Redc~elopment Conuniss~on. Any change affecting an~~ propcrty or contractual right can be effectuated only in accordance with applicable state and local law. E. Statutory Authority The controls, regulations and land use restrictions contained in this Development Plan Amendment are for the specific purpose of implementing the Northeast Neighborhood Development Area Plan pursuant to hldiana Code 36-7-14-I-et. seq. t 12 • C • Attachments Geuer~-i Iufurn-atio^ A. Resolution 2016 declaring the Northeast Neighborhood Development Area B. Legal Description for TIF Allocation Area #1 C. Legal Description for TIF Allocation Area #2 Northeast Neighborhood Development Area Housing Program D. Stalutorv Re~~uirement Data Tables Maps A. Northeast Neighborhood Development Area Boundary Map B. Northeast Neighborhood Development Area "T1F allocation Areas Map C. Northeast Neighborhood Development Area Housing Program Map D. Northeast Neighborhood Development Area Housing Program Project Phase Map E. Eddy Street Commons (Phase 1) Project Map F. Triangle Residential Project Map 14 24 27 29 35 37 39 41 43 45 13 Attachment A Resolution 2016 declaring the Northeast Neighborhood Development Area r r 14 1, /~ t ,!; 12~.~~0~,~1'~'~OI~~ ~~. 2~~~ A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT CONINIISSION DESIGNATING THE NORTHEAST NEIGIBORHOOD DEVELOPMENT AREA, DECLARING THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA TO BE BLIGHTED, APPROVING A DEVELOPMENT PLAN AND CONDITIONS UNDER ~~'HICI~ RELOCATION PAYMENTS WILL REMADE, AND ESTABLISHING AN _3LL0~'ATION AI2E:}, FOR P~IRPOSES Oh ~h~1~ INCREI4~IENTAL FINANCING wVHEREAS, the Suutl~t Bend Redevelopment Cunu>>issii~n ("Conm.tissii>li '} is the ~overnin~ body of the South Bend, Indiana Departme~lt of Redev~]oL~ment ("Departlttellt") and exists and ~~per~~tes under Ule }~n~ovisions i>i~Indiana Code ~ 6-7-1~1--1, r~l.~~c~</., as <ln~leuded from tiirle-to-tinlc +"~~ct"j; an~.i ~~'~H~;REAS. the Dep~a~tment has c;onduct~~d investigations, studies and surveys ut~ various hi~~;~it~~~i ~,?~~I ~hte,~i~rratc~i ~i~'e<is ~-vit]~in Chr~ City ~~t S;~utl~ B~~n~[, indiai~~~, ti?~~ of tL~: causes C~1?itClf~t)tln~' C~) ~ii'~l hllg}lC QI?iI dCtelloraCltlll: and ~"~':II!;1ZI!;A~S. such i~~~~~sti~~~it~ioitti, studies anal .;urve~s I~a~~ I~crn nj~5de iu ~•~~~u~~~~~,ltioi~ ~~~ith the v~~;~i~,~,s dcTlart~llellts and holies o#~ the City and I~avc~ h~elt directc:ct toward determining the ,r~,tx, ie:e ~~i Ir~nt~ :end iillpruvements thereon so as to bast serve thr i~tterests ~ ~ the City` Loaf its `:'~~I~~~~~1-~~?_ the" ~)~•Jl8?~11tlr~;lt lla~ illy ctii~~~(, ~,I ~r.l~~ir~l ,I,l~l ~iirveA'~~~~ ~~.,- .._.°<i ~~'tr~l~ll the C ity ilf South Brad hea~eby desi~~nated as the ~`NurUleast Neighborhood Development Aj~ea", attd +.vhi~ll ~u~~ a ~s n~urr harticuliu~l~~° described ilt Fxl~ri~it ":fl „ atteichrd hereto ~ul~I incorh~~ruted herein; ,ii~~ and • ~r~HEREAS, the Area consists of approsinr.itcly 616 acres and is contiguous and compact: ~VIIEREAS, as a result of its i~lvestigatiuns, studies and s~n-veys, the Connnission has fi~ul d Yilat rile Area heretofore described as the Northeast Nei«hborh~?ud Development Area ("Area"} is r.?ltghted and deterii+rateil. Specifically, the ,4rea is bli~~hte~i to an exteltt tll<tt such blighting conditions cannot he con~ected by regulatory process or by the ordinary operations o~l~ private cnterpris~ ~.~,ithout resort to tl~e provisions of dle Act and that the public health and welfare would be heneiitted by acquisition >1> and redeye-loprnent of such Area under the provisions i~f the Act; and tiVHEREAS, the Colnlnissior~ has heretofore caused to be prepared maps and puts showing the boundaries of~ the Area, the. location i~f various parcels of property, streets, alleys, and other lcaiu;e:; ~ifle~~tilig the ucyuisition, clcar~uice, replatti~;g, rcpl<ulniug, rczuttiua~ ur rczi~velopn etlt E~f the .=1r~a, iudicatii~~ that, alt tltis time, no parcels of property in the Area will he ~icyuired by the Cnnunissioil..u~d the p~~rts i,f the ,-area that are to he devr~ied to puhLic w~iys, levees, sewerage, 15 • parl:,_ playgruttn~is, and other public purpos~.s under the redeveiuputrnr phut for dte ~~rea; <utd «'~IEREAS, lists have fic:retutrn~e brut prepared indicatiu~~ that uu ptucels of property ore proposed to he aaluu~ed vvitlrul the Area, and therefore, that no appraisa]s have been trade of the fair market valor of any parcels in the .Area at this true; and WHEREAS, there was presentee to this meeting of-the Cotruuissii~t> for its c<~nsicleratii~n and appmvaL a u,p~~ of the development plan for the iU-ea, dated Nuven~ther ] 7. ?003, which plan i~ rn~itlyd -.~~,rtltc-~~~t ~`ri~'.Iihr,rhu~,~l Drvr.hrl,tttrnt ;~rra Plan' (`-Plan") a~ f,rr,lwsr~l by this Dc•clurator~~ [lesuluti~,n dared Novttz~be-r t7. 200, a~nsistin~r ctf ;~ T~a~~r• attd ' r~l~ihits; zutd ~~V'[IEREAS, thr Caroni siun has, il~ a tneetin~> hetd this day and ithen tr:, tlic puhli~, het;rrl ~~ i~irnrr an~_I rr\ ir\~rd tltr maps :utd plats presented at the rnectin~ and ~:rnt~idcrr~l same. °~~)~~~', ~E'~~~RE[~'€~IZE9 ~3E I'C ~2ES0~.~%E(~ R~' TddE- ~S®~~T~I T3E1°J~ ~EL~E~rEL£~I'11IE1~''E' C:OMMISS~ON, AS ~+OLL~«'S: ~ f alt' ( t~111nIlS~loli ttt)1V lil'Ciareti Che Nl~Ctheast ~'t'i!!hhi~l ~lik~(~ ~)rA'C~(~prllent ,Al-e;l . _ ~- i V': tii'~t ~c i i.~~t_'I-i}-,tYl III tltr' i~ ~UI'lfl ~~F.~E,~~ Clalttir ;_!ht ~~'C. '._iC l,i,trllti'Cl :111(1 (lr'ICr~tt ~ratrd al?tt. a ni~r~a~c to the ~r~-iai arni ccoitonlic interests i>fthe Citti't~1 Suutit L~uul rota it nthai~ttauts.and t-hat it vv~il! i~r ;.r i,~rhlir utilitti' attd htnefit ti, acefuire real estate and itupn,ye.ntents in the <~\rett and to r:•~irrrit,t~ rite =~rra un~Irr the ,pct. _ i ~iC :~..~1111C;1>'; A~ctL'~hhi,rlU.`od L~evelt~ptnel;t _~I'C'_t f~l:! ~`~~IEII'~'? 1`I"i~'.~tirti hV' ffli~ ;`).'C~ril~al~_lI~\ Inc."-,titU;t.itl ~~t ~~(":'Clll}lrl' 1!. ~~~~i 2lnd as atiaGlled ICI-;~t„ ;ind tlt~:~ii't~~~l~_tir~f ~k'rrlil, li iie;rehv appruvrd ;uh~ect to a t`'ontn~matory [Zesulutiun after a auiv called ul~ctrn~~. ~[-I~r hrey'ious!v pr~•pared maps and plat shc~vvin~~ tlrr b~~itn~l~utc, ui th~• .amt, th~• I~~ct~ti~~n ut rhr ~<u~iou; p~ucels c, t• prt~perty, streets, alley:;, and ~,ther fenture~ affectiu~ the ac~luisttiott, clcarauc~~, rcpl~tttiu~, replatn>ul~u, rrzutl~~~a t~rrc:rirvrhrpiite~itt ~,f the ~~ra, utdicatlli~a any parcels r,f f~roherty ti, he excluded froth acquisition, and indicatin~~ the Darts of the. ,=area to he devnt::d ttt public: -~y~avs, levice.s. sewerage, parks, pla~~~~mutuis, and other public purpt~ses under the Pf~nt urr IICrC}ly apprtwed. ~. The previously prepared list indicatiu~~ that there are no purc.ris of property vn-ithin the ~~re~t to hr acquired at the present time and is hereby approved. 5. •I'hr r.titilnated cost of acyuii~uig property ut the .~~ea, as d,rtent~ted l,y takurg t}~e a y~rra~r i~f tvvt~ ('_ ~t srpara[r appt-aisals ma~lc by ulrlependent appraisers. is `~0.0(~, is hereby approved. ~. in ~jrtermiitiit~r the h?cation told the extent of the -area proposed tr.~ h~ acynired ti,r -I,~,~ '~~~'~III~IiL f~t~ <<~flll!11~~R~I1 11:E~ '~1Aril ~UILS]lfertlllC~t1 tt~ ir~Ll,ltli';l~U ~lil~l f1l"Illattrlll f~l~,V1~Il,ll,~ tier ~tdcquatc huusin~r t~,r retiidrnt, ~,r ihr. Area vwhr, will he ditiplaced by [his rr~lcv~cluptlirllt prujr~i, and the Cc~mmicsiotrhrrrhv~ adopts the Northeast Neighborhood Relt~cntion Peilicv as the polio- by J 16 .viiich the ~~~~rnu~:,~i~,n ~~~ill hr ~~ui~lcrl in hru~ i~lin~~ 1~,r su~~l~ l~cr.5~,~i, disl~l:~ccri by [i~~ ~iciu_,ri ~~1~ [lie Ct+nnnissiun $F; IT F[1RTI-IER RESOLVED tlt'~tt all Prc3ce~edln~Ts t-elated tc~ the rcde~'e1c~Pmeut of the herein descrihed area shall he refen-ecl to as the Northeast Neighlx~rhood llevelopment Area. Bl; IT FURTIIER RESOLVED that the redevelopittent of~ the Area shall he in accordance with the Northeast Neichhorhuoil Deve.loptnent Area Plan. Ifr~ 1.,1. ALSU I:ES+Ui~~'ED, that the Conniussion proposes the ti,llc,~~~in~r tindm~~s stihject tip eonfirniatiun nftcr ~t duly called public nlectin~~: i pascd upcni rvirh•ncr suhniitted tc~ tl~e Con~rni;si~nt. the Cl?nuni~siu~t finds au~i detcnuine~ drat tlirre i~ a sal?st~uttial prcaru~'.e itt thr ~nea drii~7nuted a~ thr ti~,,~rl~.c-a~t ti`ci~~hh~,~~huu~l De~~eloPn~ent ,area ;"Arra"i rt' r,:~eai~~c' ~~a~ant I~tn~l. ahandoued or vaca»t huildin~s, oltl buildings, e!ccessive vacancies. substandard >tl~UCtlll'L'1. i{itE'1~illrOtln~~ lnfl c tit1~lICT.UI~e, al1Cl l~tCh (llltltr~lStl'nCtlll-C SUt~N~1Cnt tit ~L(hp(11't rr,le~~r!„piiieni ufthe .Arra_ .~ l~lr_ ~_t.~tllill!5>](-III tLl;-Chel- flnls tll,lt the .fit-etl ]c: hl;L;1t~:~1 ..nt ~_.~il>IiLUtCS a ~;~i:~~r~c t:~ ti;r~ ~~~cial ;ind ccun~ntic interest of thr City, ~.~~f ~~u~tli bend and its ~u1~ai~iuiui~. auri ii ~~~ill hr of public utility and heurlit ru a~~~~uire iancl ~~uhnt si_teh \rc i :~,uf r., rc ~lc•~i•l~~n it nneirr the 1.~'t u. 1 hr~ _tti;c"r'rl value i.,f [Ite ital hrt~lic~1'CV u1~ [Ilr~ :1rea ~~ It~ti udd~~~~ [~~ t!1e ~,,,~,•rrt •~aluc ul thr real In~r~perty located in all rrtievclup~itcut ru~c;as dues nut ~x;:c«l t~~ent~~ pcr~cnt (_20~~~) of the total assessed vahte uf~thr rr-~tl r,~pca~t~ lu~ate~i u; thy' Pity of S~utth BcniL i~. hhe Nurtlieast Nei~~lthi~rh~~orl Developlitent Area F'I~ui ("Yl~in")fur the t\rea ~~`1~ I'eti~L]C I31 the ClelllOhtll)n anl~ol' SCleCINe demC)htl~~ll alld Il'llSe O1 hll~~hted ~huctures ,~lleviatiu<_~ this hli~~ht ~ittrl i[s hli~rhtul~a uitlueuce is hr~~jecteu to he a catalyst to c~ngc~ing and runtri: devc:lopmeitt in the Area. ~' ~I~lte Plan fur the Area delineates five (~ j Soh-.~11'cas to hr knu~c'n as Vii) the Eddy Sheet Connilercial Redevelopment Area (ii) the Georgiana-Talix~t Residential Redevelopment Area; (iii) the Homeownership Preservation Area: (iv.) The St. Ir~seph Re~ioual Medical Center Redevelopment Area; and (v) the I~Iadisou Center C..unpus HC~using and Conu~~ercial Rede~~elopmet?t Area. vi. The Plan for the Area cannot he achieved without t11e desiunation of the Area ,. ;; rr~d~~r~h,p;ncnt .u~ca I,~~~t~.t•r ~~t s[a~~nated ~,r dr~l~r~~~"~.,I I,~~rl~ ~,f~ l~rivatc n~vesuitent within the :1reu curl because ut the existence of blt~hted cuuditiutis as • 17 • detincd ac lnd. C~ulc ~ _~C~-7- I - ~~ii. The Pl1n for the Area will allo~~~~ fin' the master-planned dcvelupment of multiple sites «rithin tl~e Area. The Area status will allow opportunities fbr the master plai~t>uig of trai~ic cu~culation, >lifrastrucrure upgrades, residential conservation and rcdeveli~pmeiit, convnercial and open spare deve.li~pment planning, landscapilig and site design controls. i~~. "hhr Plan fir the Arco ~~ill complcmc~nt ~~i.ihGc and ~~rivate ~~~~t~ir invrstnx~nt ~.~ itlun the inv»ediate nCi~*hlx~rlnu~d. x. The public health and ~~~clf~u~c ~t il1 he hcncfitCed h_v t]ie a~c.:omplishment ref Chc Plan ~~'ithin ~hc ,~\rra. xi. The Plau For theArea ~~+;ill ,~ru~°ide the necessar~~ rede~,Cl~~prne>>t t~~ols and fac.-ilitate the use of certtiin huidim~ mechanisms to aid in the redevelopt~~ent of the :u~ra couu~x!n.l~; ~n~~~~~n us 1-~i~~e k'~~rnt.ti, the junction ~?f C'~~rh~ I3oulcvard. Edciv 5tre:~t <<n~E Sr~t~th Bend ,~vrntir. and tlir ,,u~7~~,i_indin~~ vicinit~~ at thr crnrrr ~~( die ilre-a. `:it ~ll~ i'[lin f~?1' t~ir ;1J'~~I ~~!'LI ~'~r~~~~l~l~~ liic IICC~~~,1r~ I~'dc~cl~~~tilllcnt A~~i?~~ Und fFindi:'~~~ iurchani;nis iu ~iid iii thr d~iin~liti~~ii and%~~r ,rlc~rti~.~~~ d~n;~~ii.ti~~n aid ~it~ ~~CC("1CU~alil)li Und. I_I llcCCS~~UV. ICll1CdLLltk~n iii Cc'I~lalll C~I,<I1nL' I~CtildClltfal anll ~~un~m~~rci~il sitr~ within thr tlrri viii ~f~h~ Pl~ul t~,r thr .Arr,i ~~il! alln~.~~ ;~~,i tl~~ r_~p.ui~i:~n _u~~l ~~h~sr:~de ~,f i~uhli~= ia.:~tui~s ~in~i utiiitics ~~~ittiin ti~c~ r~rcu. tii~~_ The Plan tier thr Ar~~~; ~~ill alli~~~~ t~~r th~~ ~~luuu~~d a~yui~iti,-~n of ~~.n-crls nt real property refuted r~~ the e~pansh~u ~,f public r~ride~~a~~ti and uti~it~ :structures. xv. TI!e Plan tin tl~e Aria c~>>;1~urtns to ~~thcr development and redevek~pn~ent p(~u~s f~~r the Cih ~>f South Bend and conti~t ;ns to the cuuzpr~•hensi~~c plan of the City cat South Bend. x~~i "hhe Plan is reasonable and appropriate ~~~ltcu cunsid~rrd ui rrlatiun to the purpose i~f Chapter l~, Article 7, Title 39 of the Indiana Codc. xvii. The Plan is ui all respects approved, and the Secretar}~ is directed to file a certified ex~py of the Plan ~4~irh tl~e ininutrc of this ~ilr~etili~r ~~ttct (~o rec~~rd a certified u~py of the Plan i,n die Office of the Recorder of St. Joseph County, Indiana. E3I~ ~"1' 3~tiI2`I'HI?,EZ RESQL~'ED II5" '1'III? SOI'~'II BE\~D i~EDEd'ELOP?1IEN'I' i'~31~i1~IISSION I'L`RSL?ANT TO IND. C©DIJ ~ 3G-7-1~4-39, AS AMENDED AND ~~lPPLlsl~ilJNTEll,C~NCERNINGTHIJCSTABLISEiNiENTOFANALLOCATIONAREA • 18 • F(~I~ I~>1I2I~f~~;r;:~ ~3I• "I'_~ I~i(= I~EiII:`~TAL ~'I~i.~~i~IN~, TII:~T: A. Fc,r hurp~~ses nfthe allucatiim prnvision~ of the Act, as authorized by ind C~~dc ti ~C~- 7-l~l-i}, and tts usrc] u~ this 1Zrsolution for the pw'poses of distribution of real property taxes, the "all~>catiou area' of the Northeast 1`lrighhorhood Develuptt~ent Area, and which area is ntorr .ntirre particularly described in E.ihibit "A"attached hereto and incorporated herein; and B- Attu' real prupr.rty taxes hereinafter' levied by or for the benefit of any public hotly entitled t~~ ;t di~tr~ihution ui hrnpc°rtv taxes un tasahlr prtl>>ert}~ within the alhicatir>n tu-ra he ;tll~~catc'd and distrihutr~l a~ t~~lh~~~~~~: t 1 > 1=,xcept its otherwise provided in this section, the pri~e;e'ed. ut~ the taxes ~atnhut~th{e h~ the lrssw uf: ( -\1 the ~tssr.ssetl v<tlnr. ~~1 tllc pt~t~pcrty tier ihr ;!~~r~,~inrtt' cl;ttr with respect tit which the allocation ~nui distrihutiutt is ntadr: nr t ~ i ;.Ire hose a;sesscd valor. ~i ~.;l~ ~,t ~a ~ii~al~~l i:~ ~litd, V~'hc'II ~alilrl: ied_ h:.Ull illtu Ii}~ I;JI;~I> ~~f illy l ~1~Ci;tIR iltlln~.! t1lillti - !'.A~el~[ :1,~ ithl'I-V1'h;C 1~1'U1~111CC~ Ill tins SCCtilllt. hl'tli~Cl~tV' r~l\ I~r~)~C'rd~ I11 CVCC`;~ ~~1 iht,~~ ~l~s~rihed ut suhdivt~tun ! l) shall he allocarrd tit rite re~ir~~~~l~~hnteitr. ~listri<t :u;d, ~.~,-hen ~ollrct~d, paiel int~.~ an alli~catiun fund f~~~r rh;lt _t•,L.~eati~~tt ~u; a t[utt iu11~ i~~ uu~1 h~ the redc.vclctpntent diSU i.;i ~~ui1 ;~~ ~t,~ ~~it~ i 1 ; ~,; m~n~r ~~t the t~,~lht~~~in~~: (~~l Pay the principal of and interest i)n ~ttr~' nhli~*~ttic,ns pa~'ahle tiolrly front allucuted tax proceeds ~~~Itich are ntcurred by the rrde~'eli?pntrnt district for the purpitse of tin~utcina~ nr rrtinancim~ the redrvelopntent of the allocation area; (BJ Esr~thlislt, au<<ntent, ur restore the debt service reserve tier hund.ti payable sulcly ur u~ part frun~ allocated tax l~mcrr.cls in tltr allocation area: (C) Pay the principal t?f and interest on bonds payable h-otrt allocated tax prt3ceeds iu that allocation area and ii-~~tn the spec-ial tax twirl under Ind. Code ti 36-7-14-27; t I~~i F';t~ the hrin~ipal t,~ :utd interest stn Lnn;L• r~>tic~~l h~' the C'it~ ufsuuth Bend to pay fur local public; intpritventent~ itt ur ser~'in<< the • 19 • alfocatiou area; E) Pay premiunLS ~u1 [he redemption before nuiturity of~ hinds payable solely in' in part h~un~ al3ocated tax proceeds ut the allocation area; (F) Make payments on leases payable from allocated tax proceeds in the allocation area under Ind. Curie ti 6-7-14-2~.2; (G) Reitnhursr tlir Cite of Suuttt Beud Ii~r cxpenditin~ea made by it fur Ioc-ai public improvements which include, brit is not limited to, buildiu~rs, parkitt~ t~icilitirs, and other items descrih~d in Ind. Cede ti ~6-7-I=b-~~~. 1(a) ut ~~r ~rrvin~~ the ai[ucatic~n area; t.H~1 Rrhnhnr~e the Citr rf Si~uth Fend for reuta!s paid by it 1-~~r a huildin« or Parki~ig racility iii ur servin~~ the a(foc~it~on ~~u~ea under anv base ~ ntere~_I inti? under hui !. uclc ~ ~6- I - 10; lI) P~i~~ all or a portion ~,f ,~ prn~ert~,~ taz renlac~•meot credit h~ Ulxl;llb'Cl~~ ;n 1111 ~ill~i~:ifi~~li :il~c~l ~i-~ ilClci~nilnCCl I~1V the ~ l~llllnl~~]On h\~ separalr reol~ih~~n. .7 (T~i Pa~~ rxnrn~~~~ incurre~_I by rhr Connni~si~n~ For local nuhlic Ii11p1~oVlmcnt~ Chat l11~C 111 ihC tllll~~llCloil 211~Ca l~l arl° JerV'll1« the allocati~:u~ arEa ! ~~~hi~~h ineludee h~..iildin~~~, p,u~kn~~= t;~ciiitieti ~~r other IIC1llldC1C171)G11111 Ilia. LI~IIC' j iU-i-1'-F-~J Ll~U1, (K) Reimburse public and private entities ti)r expenses iticun-ed iu training empluyces of industrial facilities that arc li~cated (i) ~.vitl~l the a(lucatiun arc~i; lend {iil i,n a parcel of real property that Iris been classified as industrial pruperty under the rules of the state hoard of t'~lx collllTllSSlonerS; (L) Reimburse the Coiz~ntission for prelui~rn}~ expenditures paid ti~om Commission funds briar to the issuance of the bonds with bond proceeds, said expenditures to include I~gal, arel~itectural, engnleering, surveys, appraisals, and supervisory expenses related to the aaluisitiou uud redevelopment of property, the issuance of~ bonds and related a~sts~. • provided, however-, that if future uses i~f property tax proceeds allocated to 'h~ allocation liuul arc .~i_i1lu~riz~~d ~,r pern~ittrd I~~~ <~~i~rnd~nrnt tip the Act, iuchtding Ind. Code 5 i9 7- l-~-i9. aTtcr the effecti~~c date of tl~lis resoluttim, these uses shall also he authorized or permitted Y~~r property tax proceeds 20 ulloc~Ue~1 hcrchy; ,tad turilltr prll~.ide~l that the alloc~tixin tuna Ilul1 uul hc- used t~ir uheratni~~ expenses i!f the Connuission. C. Ay~heu t(tc funds are no longer needed for the purposes peru~ittcd in subsection l3, above, nluueys m the allocatilln huxi in excess of that amount shall he paid tl, the resPectivr rlxin~l unity ill the nunnler prescribed iu Iud. Code ~ 36-7-14-~9(h)(I). D. "Property taxes" and ")7roperty tax pror.eeds" as used iu this rrsoluttou slt~lll mean t~lxe~ imposed inl rr°,Il prr~~pert~' under ind. Cade ~ 6- l . 1 . L. This allocation prl?~~ision shall expire nip later than tl>_irty 1 ~U) y~•ars after tl>r date of illis rr>olutit.ln. ,r. .i, Y~,aa q~._,¢¢yc r f~ I ~'ryll ~ .I' I i`I 1 ~i.• 1 i 1 t~~fii i Ei.: i~ a~ia7~3~. ~- t-.>I~ [li;.li ilil~ ~~C1~ClLli~F Ij ~i 11 CCtl It tc.l iLl' C:: I-ill i~u ~ ,i;{~` t,i ilii~ hc.~olutiol~ tviill rl'~l- ~r l~.I~rp'1 Ci~untl~ rludimr ~.uld t1~r P~,rta«e To~~~~nsllih ,a~srs~l~l~ ~I? €•I ~~€~~~'k~~f{~;tr~ -?9~~541~_~~Eli tint the l~niteil States iuld idt`~l~ itrr a,•url~i Iii tllil c:on~piiance h~. thc~ ~:ullinn:,ioll anal Chc Depurtulcilt ~~.~ith }IUD re~.;ulations ~i~f~~~-un~ I~itlc ~ i ul tltl; t:~i~ it F.i~~brs :~\et lit 19~~-1. t1S an lendeil. Y?E a`I' s'~= tZ~i~~f:`:iZ (L s•:`~5.,,.~~ilai ilrl? [Ins l~c~i>lutx>n. to ~~l{l~r'~~~itl! ;ulil~,~,rl!!1~' ~i;i(;i. ~;~1~1i1 I~~ Jlll:~illitled to til~ ,-~I~~l l'~;ili ~i'~Ilillll~i;l~lll l)t ~t. ~l~~~pll Llill7lt~~ allll tll~ L~lilll;ll~lil ~_l)llillai U~ tll~ ('it_~~oftii~l~tb f~rn~~ :~ hn~vidcd by Incl. ('ode ~ _~~,-7-l~l-Ifs. tiirthen~approval to the IZesolntliin iuui f-'I~lli :1111.1 ,t :!11111'x-~`;lll I`\~ I'Ulb l~itt~lir~. ILK' I~Ctit~lUillill allll I~~all 1hal~ be tilll~llltl[C~I C~.~ hllhh~ IiCaflll`/ }I `!. t~l: R'Cc'1Vlll~! ~I!iC~ ~iC':I';'!I!L' ,?f I~CIIRIII~Clal1CC~ ~!I:~l (1~l~C~ti1111~ I~rl~lll (~C.~.~l)~l~ (j]tCr: ~1C1~ II1 111' J~~C~tCll I?y tiie' l~lroi:~~u~iill~ ~ :;., l;l~l~ided I>j I11~1. C.~,~lc ~ u-%-I-t-l c, attc•r public nuiic~~ ;u ~l~eur~l~tilcc ~~~i~i lull. Code ~ 3(~ I-l i~ :ulll In~l (-dude ; ~-;-1 and t~>r the tina] deterllillratiun ~It tlll- pllhlic utilih, .uul henetit [hereof. ~ll)~P'€'LD at a r~'~l!I~lr nlr~;.•tin~a l,f the S~,uth Betul R~-rievelopt~lcllt Cl~lninissil_lll hr_•I~i uu lVi>venil?er I7, ?O0~. llt Ruonl 1 ;Oi3, County-City F3uildin~7, 3~7 West Jettersl,n Bu~llrv~u~~, S~,uth I3enl1. Indi~nla X6601 SOUT1-f BENll REDE\.'~LOPII~TENT CO~~IIVTISSION - -~=- --- Robert \W. Hunt, President. ATTEST: ~ni ip J . Faccen~ ~E, re arv ~` i II'"Al'n.n;d\f \ciehh~•rf,.~orl Uco :r.~~f'cs„iu[r.,ic.V!::i t)1n.Ucri,icdorr.C,•n~nuaion.'„~pJ 21 • L~~IIII~I'I' .,~,~ L.EC:~L. DL~sCR[L~-rloN Begumin~~ at the vitersec;titm of dte centerlines of the East Race and LaSalle Avenue; thence dust alum, sari centerline qt LaSalle Avenue to a point 1 t0 i~eet West of the West right-ot=way Lii>c ut Niles ,avenue: thence North 159.2> feet: thence East 1 CO feet a~ the West right-of-way lute ofsaid Nils :~vr.nur, thence Eustcrh° tit the ~'ltrtlnti~rst c~trurr ~~f~Lut 71 in the Original "hewn of Luweii; tltc•nce Ease alun`~ the North iluc of said [..ot 7 l to the cc;ntea iitte i~f the first Ni~rth-South alley Last cif Niles Avenue: theue:r Nortll al~~n~~ paid centerline ut~ sari Alley to the ceaiterliite of Nla~iisem Street; thence Easf ali~n~~ sai~1 ce~iterlinr try the ce~ltcrlii~~ of Hill Stre~.t; Chetice Scttith aloti~~ said ~cnr~rlirn: I~~ the c~ntcrline e~f LaSalle .~~~rtiue: thcnc:c F;a~i ah~u~ sail ~entc-rliur tit the eentrrfiu~~ ;~~ SUt111YSiUC ;lvrtluc; thcucr Nurtl-t ailtn<< paid ccntcriinc tit the centeriine i~f Ru~kn~ Drive; tttctt~~. :'r~t~thrasterl~ al~.~n« :iti~l centerline lu ihr l-<<,a ri~~llt ul-~~,;~~ lir,~ ul T~r~~,cl«t~h~uu Drive: tlicu~c~ I~`«rth alon~> laid East ri~~ht-i~f-way ling to the S~~uthwe,t ~on~er of Lot ~g itt ~~~ooded Estates as ,1.,,,..„n in Ilse !-ifti~~r utthr Recr~rder 1tfSt. Jn~i~h';~;_'1~uut~~_ lr,liana: then~:r Nurthraslrrle alon~~~ the ~uutitrast Imes nt Lists h. ;7 and h ro the ,~~,urln'„•e~trrl~~ ri~Ju-!tt-wav~ lice of Wltitr (~•.tk Drive: fitrn~~,.~ \4,t~tl,i:~tsl~'t_i~; III the S~-~u[h~ceslrrl~' c~~,tuc-r ~~t Lu! ;> •u ~aicl ~Vululed i~.~ulteti; Iheucr ~:. ~rUlCa(~T::1~fv' iilt)il~~ the Sl~Utlli:aS[rl•11' ~1nC`. Ul LL~t:? J~, i-l, ij, i ~, i j;l1LCi JU Ili. ti~.ll) ~'VitU~lCd _ ~Stitt~ S ;•t tie `~Vctiict Iv I~~iu-~If-~~~~~tv htlr itf Blacl, Gal. Dn~;•_ thrnc~~ ~~urthe~istrrl~, to the N1n~tllrrest atrn;:r I i 1,r ~~ iii ~.n11 \4~~,uded Lsru~~, ti~eu~~ 1-aa ~tl„n~~ fire N~~rtil itnr ~~tLur,-l~, >l. ~?. ~ and ~-l to 111&I'l~-U~.P.~AL~:v'i.lti~,•r;ism,lll;.~~.-,1red}?d~dwu~us\Y..c:'Oln-Tlyder.~ini ;~f~. nr,nm~~.~n, .c~~~l i~i,,• - i~ .ell l:' ~ rl, f 1 •~_ )~:!~~ 1. nl IA~1.. rh-•n~ _ ~.~r.l...~ I~• t~in.• ~ n.] ,~.-tiY~.t i?li~• ± i1i.-. ~~~~t~r~~~~~tz ,, cif Fllii~~i_•. .~_t:'. that;<_r 1~~cst ti> tic )~tst Lnc .~. L : ~ ~ ~t. _u, 1 C..~ ,~ , ~n Su ~ n t~t~~n i~ri~lcct~•d S,~uth: t-hrtl~C Nii(-t~l :I~~1iiL' ~Ull~ F~:Itif ~IIIC ;Illy 11~ f~!~~>_I~'~II~?I7 f(~ tR?C Nt~l~(~?c';L I C~~l-!1C'I~ lit 4tIC~ ~.t)t S: [~1CIlC:~ 1tiet to ttte E-Nast hrotterty litre of a parcel Ott land owtled by k'utri~k anal Jusephiite Sim~rr, thence ti~_~rth t~~ thr_Nurtheast c~~rner rat ~~tid Suueri harcrl: the~re~ 1~Vest n1u11~~ the North line ~~f SI]1LCrl ~>arcc-i t~~ the iucrth~-vest ~~?ruer ut said Su~trri parcel; th~i!ce S~tuth ai~~na tht \Vcst line ut stii~i Sinirri ~~arcri i~_~ I. puutt ?0.71 test Nurtll of tltc Soutli liar ut tlu~ Sou(hrast Quarter itf Secti~>>1 1. CuwuhiP ;i3 Nurtll, Pan_*e ~ East, S[. Ju~ri>ll Cctuut~~• ltldi~utu; tlictt~•~ ~~'e;t i~arallel ~~~itt~ said Si~uth Bite, a dist:utcr of 20.71 feet; thence North to the Ne~rtheast eorl:er of the Jamison Intl ~~i~nl[ltlllllntt[n: [i1~11CC ~~~e~t ah~n~~ the Ni~Cth ~(1]~ Ut tillld 1~llllltit)ll Itlll C~~Ild~~tlllllllllil CCl the ~CllICr)_El1C ~~f Ivy Read: thence South alone said centerline to the South life of said S~nttheast Quarter i~r Srctiou 31; tlicncc ~'Jcst alitn~~ said South line to tlic West t'i~~ht-of-e~•a}~ line of Vztcated Ivy Road hritjected Ni~rth; thence South alon~a said vacated West ri~~ht-t~T-«~ay Line proj~c;tcd North to the South right-ot=way Line of Edison Road; thcuce West ak>ng said South right-uf•-way line to the West rid>ht-ut~-w<iy line ~~f Tw_yckenham Drive as cledieated h~~ the University of Nt~tre Dame; tltellce Sewthrrl~ and Suutheasterl_y alilil~ said West right-of=«-ay line to a point ?00 feet n~casuredat riJ~t :-tnt~les to the Nctrthwcsterly right-cat-way liar. of Sr~urh Bend Avenue to :~ Point on the existin« Ct~t~. Line; thence Southwesterly parallel ~~~ith said South Bend Avenue along said Corp. Lisle; thence Nest al~~n~~ said Cure. Line to the centerline ~~f Pddv Street; thence N~~rth alc~n« the said centerline rite ~~~ntu~linc ~,f I~disotl Road: thcn~;• ~;,;i:it~~~;t~ rly :iu~i V'~'r;trrl} al~~it~ ~:n~l ~rntr.rLuir and tltt~ :cntcrlinr ~tf ,an~rcla Boulevard to the 1•Vest line of Lcst 97 University Flei~rlrts as shown in the Orrice 22 • • • ,.~`i ihc: i~c~~-orde, ~;t 5t_ J~!;ei~h County, Inui~ui~~ ~rujecte~i North; thcn~:e~ S<<ut~~ _~I~,ii~~ ~1~~ ~~1~'c;t }itics of Lots 9~, ~7~4, 9;, 9?, 3; and ~? to the S~nithwest corner of said I,~~t ;?; thence S~~est along the North lines of Lets ?9 thru 6 iu lh>iversity H~i~_*Eits to the centerline ~~f L~~«~rr.nct Street. th~ncr S(lUth ~lfl)11~~ SaL~f CC11tC1'fIl1C t(1 il1C GCIItCI'llllC Ot i~2lpO1e011 SII't:~t; C111:11UC ~~1~Ctit ll~UnL Valli CCnICI'lllle to the centerLuie of Niles .Avenue; thence Southeasterly alotrg said ccntr.rLule to the cet,uerline ~>t Corby Street; thence East along said ccnterlure to a Point 120 feet West of the tirst North-Si~utli alle}~ Bast of Niles Avenue }projected North; thence Soutlt, to a hon~t 1 ~0 feet South of the South right-of- way line of C~`i~rhv Strut; thence East Parallel with said South ri«lit-of-vvav ling to the Nest ri~aht-~~r- wav line ~~f said tir~t N~irth-S~,uth alley East of Niles Avenue: thence South alnnr~ paid \Vest right-ol~- way line, ~~ distance ~~f 272 fret; then~:e Suuthwcste.rly, a distance ui~ ?60.5? i~eet. thence Nortl-iwcsterly, a distance uf~ 5~ feet; thence Scnithwesterly, a distance ~~f ??? feel tr tllr Northeasterly right-~~f-~.vuy Line of Niles Avenue: thence Northwesterly alone said ri~~ht-of-~~~ay line, a distant:: of ~1~ te~f: thence Nc,r[heacterly, adistance of 199.~~~ feet: thence Nnrthr~rl~,.:: distan~:e ~~i i-Ll..;-~ Iccl l~~ ~1 i~~~III[ ~7S.6G ftLt ~S'caL iii xild hl~t Nolth-Sililih ail~v ~.ia~ ~~i ~~il~a .~~l~irti~ i~~ :i i~~~in[ ~~u the ti~w~h ri~~ht rf ~a~;i~~ line ~~fC~~r1~~• Street; thence Nest alr,n~r :~i~l ~~,ut;, ri~~ht ~~~I ~.~ati~ line and it_s ~r~~~eenrm ~ti~est tip the East shine of the St. Joseph River; thence ti~~uti~erly ~tl~~n~_* said east shore t~~ the interse~_r~~~n with the crnterlu~c' of tl~e Last Rate; thence. ~~ut~her!~terl~~ ab~~u<< <aid tCdlCerlii1r f.U tl~c elate. C~i~hc~~llillln~~ ti?I]Callllll+~ 6i6.~) aCl'CS lili~rt U1~ ltS,l. hL111~I"D.ire~til: Ncild,uru~~~,n l;c~ .Ur.nP.~~.:~Icn:nuU'c>=i F,'.fkriar; ~„r:J'~.inn~n>n~n ~~pd ,T r ^ a; ~- m m -_ z-! - _ ~ ~. IT. eJ~ _ _ i~1 ;l l 23 Attachment B Legal Description for TIF Allocation Area #1 • ~J 24 NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA TIF ALLOCATION AREA #1 June 8, 2007 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 Avernle; thence North 159.25 feet; thence East 1 10 feet to the West right-of-~~~ay line of said Niles Avenue; thence Easterly to the North~~~cst corner of Lot 71 in the Original Town oC Lowell; thence East along the Nord 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 Ar~enuc; thence East along said centerline to the Wcst right-of=~a~ay 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=~~~ay lint and its projection to the centerline of Colfax Street; thence East along said centerline to the centerline of Ed~lj Str~~t; thence North along said centerline to the ccnt~rlin~ of LaS~illc Street; thence East along said centerline to the centerline of Sunnyside ~'~~ tune; l'll~i1C~ North along said centerline to the centerline of Rockne Drive; thence Northeasterly along said centerline to the East right-of-wa}~ line ofT~.vyckenham 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. ,loseph 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 oh Lots 33, 34, 33, 32, 31 and >0 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, ~ 1, 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 Not-th along said East line and its projection to the Northeast co~~~er 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..Ioseph 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 Jat~~ison 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; thence South 21 degrees 22 minutes 43 seconds East 682.12 feet plus the right-of--way width of relocated Edison Road to the north litre of Hartman and Woodworth's Plat, the plat of which is recorded in Plat Book 25 7, page 30 in said Office of the Recorder, thence South 89 degrees 50 mi~lutes 18 seconds West 454.00 feet to the Easterly right-of--way line of a 12 foot alley; thence South along said East right-of--way line of said 12 foot alley to the Northwesterly right-of--way line of South Bend Avenue (State Road 23); thence Southwesterly along said Northwesterly right-of--way line to the North right-ol=way line of Corby Boulevard; thence West along said North right-of--way line of Corby Boulevard to the Southwest corner of Lot 1 18 in Sorin's Second Addition, the plat of which is recorded in Plat Book 1, page 10 in said Office of the Recorder; thence North along East right-of--way line of Frances Street to the Southwest corner of Lot 46 in Sorin's 2"d Addition; thence East along the North right-of- way line of St. Vincent Street, a distance of 172 feet to the centerline of a vacated alley East of said Lot 46; thence North along said centerline of said vacated alley to the South right-of--way line of Napoleon Street ;thence North 00 degrees 21 minutes 10 seconds West 82.50 feet along the prolongation of said centerline crossing Napoleon Street to the north boundary of said Napoleon Street; thence South 89 degrees 46 minutes 20 seconds West 22.81 feet along the boundary ofsaid Napoleon Street to the southwest corner of Parcel I described in hlstnmlent Number O1 17885; thence North 02 degrees 44 minutes 02 seconds West along the west line of said Tax Parcel Numbers 18-5123-4392.02 and 18-5123-4392.03 in records of the St. Joseph County Auditor's Office 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 ofthe 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 Boulevard; 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 ofC'orby Boulevard: thence East parallel with said South rivht- of-way line to the West right-of--way line of said first No--th-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 Boulevard; 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 587.17 acres more or less. t 26 • Attachment C Legal Description for TIF Allocation Area #2 Northeast Neighborhood Development Area Housing Program • • z~ NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA ALLOCATION AREA #2 June K, ?007 A part of the East Half of the Northeast Quarter of Section 1, Township 37 North, Range 2 East; and a part of the North Half of the Northwest Quarter of Section 6, Township 37 North, Range 3 East, Portage Township, St Joseph County, Indiana, being more particularly described as follows: Beginning at the Southwest corner of Lot 1 18 in Sorin's Second Addition, the plat of which is recorded in Plat Book 1, page 10 in said Office of the Recorder; thence North along East right-of--way line of Frances Street to the Southwest confer of Lot 46 in Sorin's 2"`~ Addition; thence East along the North right-of-way line of St. Vincent Street, a distance of 172 feet to the centerline of a vacated alley East of said Lot 46; thence North along said centerline of said vacated alley to the; South right-of--way line of Napoleon Street ;thence North 00 degrees ? 1 minutes 1 U seconds West 82.>~ feet along the prolongation of said centerline crossing Napoleon Street to the north boundary of said Napoleon Street; thence South 89 degrees 46 minutes 20 seconds West 22.81 feet along the boundary of said Napoleon Street to the >c~utl~~~~~~t corner of Parce] I described in histrun~cnt Number 0117885; thence North 02 d~grec;s 44 minutu~ 02 seconds West 504.04 feet along the west line of said Parcel I to the southwestern boundary of Edison Road; thence South 74 degrees 02 minutes 36 seconds East 4.16 feet along the boundary of said Edison Road, thence South 89 degrees 21 nunutes 1 1 seconds East 130.00 feet along said boundary; thence South 85 degrees » minutes 30 seconds East 1 12.72 feet crossing Eddy Street to the southwest corner of the 7.300-acre tract of land described in Instrument Number 0601917, said 7.300-acre tract establishes the boundaries of Edison Road; the following three (3) courses are along said southeastern and south line of said 7.300-acre tract; (I) thence North 6S degrees 42 minutes 03 seconds East 63.40 feet; (2) thence South 89 degrees 21 minutes 11 seconds East 969.01 feet; (3) thence Easterly 187.63 feet along an arc to the left having a radius of 1,190.00 feet and subtended by a long chord having a bearing of North 86 degrees 07 minutes 48 seconds East and a length of 187.43 feet; thence South 21 degrees 22 minutes 43 seconds East 682.12 feet to the north line of Hartman and Woodworth's Plat, the plat of which is recorded in Plat Book 7, page 30 in said Office of the Recorder; thence South 89 degrees 50 minutes 18 seconds West 454.00 feet to the Easterly right-of--way line of a 12 foot alley; thence South along said East right-of--way line of said 12 foot alley to the Northwesterly right-of--way line of South Bend Avenue (State Road 23); thence Southwesterly along said Northwesterly right-of--way line to the North right-of--way line of Corby Boulevard; thence West along said North right-of--way line of Corby Boulevard to the place of beginning containing 60.05 acres more or less. • Z8 Attachment D Statutory Requirement Data Tables r zy d 0 a` .~ 0 L a u 0 O O s Q .~ z f4 d t L O Z v l ~ ~ i ~ i ~ j f I i ( ~ 1 ~1! ` '-° o olo ~o ~o o ~.+ . ~o .+~o ~.+~ol.+~.. l o ~ 1 ( d i ~ ~ ~ 4 3 I ~ ~ _ I ~ ~ k i ~~ i ,~ ~£ t T m a ~ ~- C ~ H ~ ~ ~ ° ~ (ti O U O ~ ! ~ ~ ~ } i n E } 3 ~ ! ~ ~ ~ y ~ i J+ ° O ° ! 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Q m _.,.-Napoleon Blvd ~ a W N m ~ ~ .. Sto A's~v ,~ '! m ~ b ~ ~ ¢ ~brj o ~ H SL Vincent St m r Y~ k c v v E A ro ~ ~~ ~ Dorwro od Dr l Shfgig ~ h 3 Z n ~ Howard St p ~r~ N~ Howard St - ~~~ Sf 0 0. ~ ~ 4 -- ~ ' Q •. ~:: -... yy .V Corby Slvd ti ' ~ o '4fi~ ~ T y °~ ' ~ ~ r 8•, ' y r. m a Campeau Sf ~ 3 ~ ~Y~i~ U ~ ~ .-- '~ ICalorama St h Bartlett St .~ ~ apse ~ Ch alfar+f Sf m ~ G Nammoml P! ~~ ~~P ~ 8lsseN Sf Bissell St 3 x ~i b~ h Swirr Sf { pb~ 1VavarreSt ~ ~~ Sarin St ~ h i F' ~~y PF ~ JVFn er S3 Min er Sf W ~ Miner St m ~ A~rrer S! Bader, YY ~ ~ h Marion St I a ~ ¢ Cedar St ~ ~° m s ¢ Hull St ~ ~ ~ m h M ~ ~ *~@4S ~ l~ad750R Sf W ~ '~ ~ Ilfad~son Sf Ro° 3n 5t MadisorrSf o 4 ~ h ~ ~. -~ ~ 5 hlcKinlsy Avs t~ ll9tKirtky Ave `~, `~ h Z k _ ~, ~ ~i .~ i .,. , b4 er Ct ~ ~N Colfax Avr-- '. y ~~_-._. _.-_ Colfax Ave Rd n 36 • Map B Northeast Neighborhood Development Area TIF Allocation Areas Map ~~ Northeast Neighborhood Development Area Boundary Map • • ~ ~ ~ Edison Rd ~ ~~-_ Pdcagon St _ Angrda Blvd ~'Ed~~n~a' ?~ ~fOK m v, /` a ~ 1~~.~ a Peashway St j I W Allocation Area #2 y4 m _ NapofeonBlvd 1 ° ~ .~ g g• ~ ~ ~ o m ~ '~ m h ~ om e ~ o g ~ a8 ~ ~ ~ a H St Vincetk St ~ ~dP v t~ ~ m t n ~~ Q;'~ ~ s ° 2.' 0a~ lbrwvod 13- D o e c H ~ H tiJ a ~ ~ ~"kOOdO rtA 3tt ore ~ ~ fi ~ : ~ m° ~ a a il No -_ A' .. ~ ; x ; m Howard St '~] .~ Howard N°werd 3[ r a ~~ N _y Corby Bfvcf~~ y Allocation Area #1 Park fs ~~er'p .. ~ ~ N o x ti ~ 8 4 ' h o Kaforama Stn q ~ y a Campeau St ~ o ~ tch(µPt ~ a Gna (~ Barnett St ti h ~ ffi Ch alfant St m ~ ~Y _ ~ ye m S b 2 ~~o ~ ~ 8rssel7 Sf ~ ~ a Hammond P7 e h Sorln Sf F3 Navarre St G Sorin SF ~ I ~yq Mrner Sf 1tA'ner St W v~ 4Pfn er St ~MFn er St~ Bad erAve ~ 41 y ~ A 6 ftfarion S t x ~ ~ H[fN St ~ Cedar St ~ fl o ~ ~ Mad isan Sf ° 4 :'` ~ flda dis on St Madison St ~ Q Madison Sf p~ y' ~ O ' J ~ Ave t ¢ _..__ _ __.'. J64bKin ley A ve - ~ ~ 1YSctCintey $ Um w m-- rQ ~ _ x LaSalle A ae ; - ~ c m ~ h Lulu er Ct S ~ ~ u ~ ..~y~ 2 ~ p ~ Collar Ave ~' W Col fax Ave o 8 0. ~~11 3 h v N h A 38 LJ Map C Northeast Neighborhood DeveloplYlent Area Housing Program Map J9 • • • Northeast Neighborhood Development Area Housing Program Map 40 • • t Map D Northeast Neighborhood Development Area Housing Program Project Phase Map 41 • Northeast Neighborhood Development Area Housing Program Project Phase Map Angela Blvd 0C Edison Rd ~__ y st b W Eddy Street Commons a,~~ ~~~~ .7 • Commons, Phase 2 c~ m ~' l ~' C7 qQ° Q q ~ Q St Yin cent St a ~ ~ ~ Triangle Residential Project oQ o m ~ ati cq ~e ~~ m ~~ ~ t w o n m ~ t ti ~ ~ ti ~~~ 4 4 Qe Pi y ~ m Howard St ~- ~ o tbwWd St Howard St ~' '" °o Five Points Project _- O A' Corby 6ivd ~ g ~ $ z N V+ HI n 42 • • Map E Eddy Street Commons (Phase 1) Project Map 43 Eddy Street Commons (Phase 1) Project Map ~~ Eddy Street Commons --~~rr~ore `end, p • r `" '~' A Triangle Residential Project :¢ ~ ~ ~~ e ~ ~~ ~~ rm=St~Yincent,St=m ~~ ~r ~_ n ~.: ~ ! ~_ Commons, Phase 2 ,„ 44 • • Map F Triangle Residential Project Map 45 t • Triangle Residential Project Map T JT! (jJ --~ i~ i ~ ~ v .TI Ti !~ rJa TI ~ tr !"'~ f77 t~r~ y • om= ci~ T w r~:.+ST 7"+ t T (') --i ~+ p S ~ C I- ilt ~ .i1 w -t T '~ R~ 11 ltd :1t ~i Rt [,..t r11 'n C'1 ~J i~ i~: lJ J r_. ~+ ~`f rs, ~1 L_3 L 46