HomeMy WebLinkAboutNo. 2311 contracting the boundaries of the Northeast Neighborhood Development Area and amending the NNDA development plan
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RESOLUTION N0.2311
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
CONTRACTING THE BOUNDARIES OF THE NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA, REDUCING THE ALLOCATION AREA FOR PURPOSES OF
TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR
THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA
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 ("Area") to
be an area needing redevelopment within the meaning of Ind. 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 Area as follows:
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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 1 10
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 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 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 to the South line of said Southeast Quarter of
Section 31; thence West along said South line to the West right-of--way line of
Vacated Ivy Road projected North; thence South along said vacated West right-of-
way line projected North to the South right-of--way line of Edison Road; thence West
along said South right-of--way line to the West right-of--way line of Twyckenham
Drive as dedicated by the University of Notre Dame; thence Southerly and
Southeasterly along said West right-of--way line to a point 200 feet measured at right
• angles to the Northwesterly right-of--way line of South Bend Avenue to a point on the
existing Corp. Line; thence Southwesterly parallel with said South Bend Avenue
along said Corp. Line; thence West along said Corp. Line to the centerline of Eddy
Street; thence North along the said centerline to the centerline of Edison Road; thence
Southwesterly and Westerly along said centerline and 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 9~, 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 Northeasterlyright-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
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Avenue to a oint on the South ri ht-of--way line of Corby Street; thence West along
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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. (C'ontaining 616.0 acres more or less).
WHEREAS, Resolution No. 2016 was subsequently amended by Resolution No. 2054
adopted on May 21, 2004 and by Resolution No. 2128 adopted on February 18, 2005 and by
Resolution No. 2250 adopted on July 21, 2006 thereby amending the boundaries for the Area as
follows:
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
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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 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 to the South line of said Southeast Quarter of
Section 31; thence West along said South line to the West right-of--way line of
Vacated Ivy Road projected North; thence South along said vacated West right-of-
way line projected North to the South right-of--way line of Edison Road; thence West
along said South right-of-way line to the West right-of-way line of Twyckenham
Drive as dedicated by the University of Notre Dame; thence Southerly and
Southeasterly along said West right-of--way line to a point 200 feet measured at right
angles to the Northwesterly right-of--way line of South Bend Avenue to a point on the
existing Corp. Line; thence Southwesterly parallel with said South Bend Avenue
along said Corp. Line; thence West along said Corp. Line to the centerline of Eddy
Street; thence North along the said centerline to the centerline of Edison Road; thence
Southwesterly and Westerly along said centerline and 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 ofNiles
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 623.3 acres more or less).
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WHEREAS, the Commission desires to further amend Resolution No. 2016 by reducing the
Area to remove the following-described area (hereinafter ``Reduction Area No. 1) in order to
facilitate and enhance redevelopment and planning for the Area in accordance with the Development
Plan, which said Reduction Area No. 1 is more specifically described as follows:
A Part Of The Northeast Quarter Of Section 1, Township 37 North, Range 2 East,
Portage Township, St. Joseph County, Indiana And Being More Particularly
Described As: Beginning At A Point Of Intersection Of The Centerline Of Angela
Boulevard With The Northeast Corner Of Said Northeast Quarter As Said Centerline
Is Described In Ordinance No. 3993-54; Thence Southwesterly Along Said
Centerline As Described In Said Ordinance A Distance Of 240 Feet More Or Less To
A Point Of Intersection Of Said Centerline With The West Property Line Of A Parcel
Of Ground Described As Tax Key No. 18-5123-4392.03 In The Records Of The St.
Joseph County, Indiana Auditor's Office; Thence South Along The West Line Of
Said Tax Parcel And The West Line Of A Parcel Of Ground Identified As Tax Key
18-5123-4392.02 In Said Auditor's Records A Distance Of 390 Feet More Or Less To
A Point On The Northerly Right-Of--Way Line Of Edison Road Shown As Station
• No. 55+49.62, As Said Line Is Shown On A Set Of Edison Road Re-Alignment
Road Plans Prepared For The University OfNotre Dame, By The DLZ Indiana, LLC
And Known As Project No. 04612558, Dated, August Of 2005, And As Recorded In
The Records Of The St. Joseph County, Indiana Recorder's Office By Document No.
0537239; Thence East Along Said Northerly Line A Distance Of 137.38 Feet More
Or Less To Station No. 56+87.00 On Said Plans; Thence Northeasterly Along Said
Northerly Line A Distance Of 28.00 Feet More Or Less To Station No. 57+15.00 On
Said Plans; Thence East A Distance Of 60 Feet More Or Less To The East Line Of
Said Section 1; Thence North Along Said East Line A Distance Of 442 Feet More Or
Less To The Point Of Beginning. (Containing 2.28 Acres More Or Less).
WHEREAS, consistent with the Act, the Commission has caused to be prepared certain
maps arid plats of the Area as heretofore amended, and has supplemented and amended said maps
and plat depicting the Area and Reduction Area No. 1; and
WHEREAS, the Development Plan for the Area as adopted by Resolution No. 2016 has
been heretofore been amended by Resolution No. 2054 adopted on May 21, 2004 and by Resolution
No. 2128 adopted on February 18, 2005 and by Resolution No. 2250 adopted on July 21, 2006; and
WHEREAS, there was presented at this meeting of the Commission for its consideration and
approval a proposed amendment to the Development Plan which said amendment is consistent with
the reduction of the Area to exclude Reduction Area No. 1 from the Area and from the Development
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Plan; and
WHEREAS, Section 30 of the Act permits the creation of an allocation area within an area
needing redevelopment to provide for the allocation and distribution of proceeds of taxes levied on
property located within the allocation area; and
WHEREAS, in accordance with the Act, the Commission has previously established the
Northeast Neighborhood Allocation Area ("Allocation Area"); and
WHEREAS, the Allocation area includes the area heretofore referenced as Reduction Area
No. 1; and
WHEREAS, the Commission now desires to modify the boundaries of the Allocation Area
to exclude that area heretofore referenced as Reduction Area No. 1 so that the boundaries of the
Allocation Area as modified are coterminous with the boundaries of the Area as modified herein; and
WHEREAS, Section 17.5 of the Act provides a means for amending a resolution or plan in a
way that changes the boundaries by not more than twenty percent (20%) of the original area needing
redevelopment or adds one (1) or more parcels to the list of property to be acquired; and
• WHEREAS, Section 17.5 of the Act provides for a public hearing to be held by the
Commission at which public hearing the Commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and objections that have been ftled and
shall consider the evidence presented; and
WHEREAS, the Commission has complied with the notice provisions of Section 17.5 ofthe
Act and with I.C. 5-3-1; and
WHEREAS, at the hearing held by the Commission on the 16th day of February, 2007, at
10:00 a.m. Eastern Daylight Savings Time in Room 1308 of the County-City Building, 227 West
Jefferson, South Bend, Indiana, the Commission heard all persons interested in the proceedings,
received and considered ~ written remonstrances and objections and considered the evidence
presented.
THE COMMISSION HEREBY FINDS:
(a) The proposed amendment to Resolution No. 2016 to exclude Reduction Area No. 1 is
reasonable and appropriate when considered in relation to Resolution No. 2016 and
the purposes of the Act.
(b) The proposed amendment to the Development Plan is reasonable and appropriate
when considered in relationship to the original Development Plan and the purposes of
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the Act.
(c) Resolution No. 2016 as amended by this Resolution No. 2311 conforms to the
comprehensive plan for the City.
(d) The Development Plan as amended by this Resolution No. 2311 conforms to the
comprehensive plan for the City.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
(1) The Northeast Neighborhood Development Area is hereby reduced and modified to
remove Reduction Area No. 1 as described in the fifth WHEREAS clause above.
(2) The Area as reduced and modified herein to exclude Reduction Area No. 1 shall be
hereinafter known as the "Northeast Neighborhood Development Area" and shall be
more particularly described as follows:
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
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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 comer 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 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
to the South line of said Southeast Quarter of Section 31; thence West along said
South line to the West right-of--way line of Vacated Ivy Road projected North;
thence South along said vacated West right-of--way line projected North to the South
right-of--way line of Edison Road; thence West along said South right-of--way line to
• the West right-of--way line of Twyckenham Drive as dedicated by the University of
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--way
Notre Dame; thence Southerly and Southeasterly along said West right-o
to a point 200 feet measured at right angles to the Northwesterly right-of--way line of
South Bend Avenue to a point on the existing Corp. Line; thence Southwesterly
parallel with said South Bend Avenue along said Corp. Line; thence West along said
Corp. Line to the centerline of Eddy Street; thence North along the said centerline to
the Northerly right-of--way line of the realigned Edison Road; thence Southwesterly
and Westerly along said North right-of--way line to the West line of a Tax Parcel
Number 18-5123-4392.02 and its projection South; thence North along said West
line and its said projection to the centerline of Edison Road; thence Southwesterly
and Westerly along said centerline and 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
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•
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 621.0 acres more or less).
(3) The previously-prepared maps and plats showing the boundaries of the
Northeast Neighborhood Development Area, as modified herein, are hereby
in all respects approved.
(4) The proposed amendment to the Development Plan as attached hereto and
incorporated herein is hereby in all respects ratified and approved and shall be
hereinafter referenced as the "Northeast Neighborhood Development Plan".
• (5) The Allocation Area for the Area as modified herein to exclude Reduction
Area No. 1 so that the boundaries of the Allocation Area as modified and the
boundaries of the Area as modified are coterminous and shall be hereinafter
referenced as the ``Northeast Neighborhood Development Area Allocation
Area".
(6) Any taxes levied on property imposed under IC 6-1.1 in the Allocation Area,
as modified herein, shall be allocated, distributed and used as provided in
Resolution No. 2016, as amended, and the Act.
(7) The allocation provision for the Area described as Reduction AreaNo. 1 shall
expire upon adoption and execution of this Resolution No. 2311.
(8) All other findings, determinations, and conclusions of Resolution No. 2016,
as amended from time-to-time, shall remain as stated therein.
BE IT FURTHER RESOLVED that 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 ("HUD") effecting Title VI of the Civil
Rights Act of 1964 and amendments thereto.
BE IT FURTHER RESOLVED that the Secretary is hereby directed to file with the
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•
Office of the Recorder for St. Joseph County, Indiana, a certified copy of this Resolution No.
2311 and the Northeast Neighborhood Development Plan, as amended, together with the
minutes of this meeting.
ADOPTED at the regular meeting of the South Bend Redevelopment Commission
held on the 16th day of February, 2007, at 10:00 a.m. Eastern Daylight Savings Time in
Room 1308 of the County-City Building, 227 West Jefferson, South Bend, Indiana,
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
r
Signature '
Marcia I. Jones, President
Printed Name and Title
South Bend Redevelopment Commission
•
ATTEST:
' gna[u
Gre or S. Downes Secretar
Printed ~ ame and Title
South Bend Redevelopment Commission
• 10
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