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HomeMy WebLinkAboutNo. 2254 expanding boundaries of the Airport Economic Development Area and amending the AEDA Development Plan ,~ RESOLUTION NO. 2254 • RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION EXPANDING THE BOUNDARIES OF THE AIRPORT ECONOMIC DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN. WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment ("Department"), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area to he an Economic Development Area within the meaning ofLC. 36-7-14 ("Act"); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan ("Development Plan") adopted by Resolution No. 919 on February 23, 1990 were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. 1 and Expansion Area No. 2; and REAS Resolution No. 919 was further amended by Resolution No. 1058, adopted on WHE May 22, 1992 and said resolution expanded the Airport Economic Development Arca by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15, 1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18, 1997; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and • ' WH EREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6,7, and 8; and WHEREAS, Resolution No. 919 was further amended by Resolution No. ] 670, adopted on March 5, 1999; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1796, adopted on October 20, 2000 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 9 and 10; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1798, adopted on October 20, 2000; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1827, adopted on February 16, 2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 1 1; and WHEREAS, Resolution No. 919 was filrther amended by Resolution No. 1916, adopted on November 1, 2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 12, 13, 14 and 15; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1958, adopted on March 7, 2003; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1977, adopted on Jnly 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2006, adopted on November 7, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 17; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2019, adopted on December 19, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 18; WHEREAS, Resolution No. 919 was further amended by Resolution No. 2064, adopted on July 2, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2090, adopted on October 22, 2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and • WHEREAS, Resolution No. 919 was further amended by Resolution No. 2091, adopted on October 22, 2004; and WHEREAS, Resolution No. 919 was fiu-ther amended byResolution No. 2106, adopted on November 5, 2004; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2144, adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on July 21, 2006; and WHEREAS, the Commission desires to amend Resolution No. 919 by expanding the Airport Economic Development Area to inchide Expansion Area No. 21 (which collectively shall be referred to as the "Area") so as to facilitate and enhance the planning, development and disposition of property within the Area, which Expansion Area No. 21 is described as set forth at Exhibit A; and WHEREAS, Section 43 of the Act permits the creation of an allocation area within an economic development area to provide for the allocation and distribution, as provided by the Act, of the proceeds of taxes levied on property situated in the allocation area; and WHEREAS, the Commission in accordance with the Act, has previously established the Airport Economic Development Area, Allocation Area No. 1 ("Allocation Area No. 1 "); and WHEREAS, the Co~mnission, in accordance with the Act, expanded the boundaries of the Airport Economic Development Area, Allocation Area No. 1 to include Expansion Area No. 1 and Expansion Area No. 2 by the adoption of Resolution No. 965, adopted on November 9, 1990, and confirmed by Resolution No 971, adopted on January 2, 1991, and Expansion Area No. 3 by the adoption of Resolution No. 1058, adopted on May 22, 1992, and Expansion Area No. 4 by the adoption of Resolution No. 1349, adopted on July 7, 1995, and Expansion Area No. 5 by the adoption of Resolution No. 1545, adopted on November, 21 1997, and Expansion Areas No. 6,7 and 8 by the adoption o f Resolution No. 1667, adopted on February 19, 1999, and Expansion Areas No. 9 and 10 by the adoption of Resolution 1796, adopted on October 20, 2000, and Expansion AreaNo. 11 by the adoption of Resolution 1827, adopted on February 16, 2001, and Expansion Areas No. 12, 13, 14 and 15 by the adoption of Resolution 1916, adopted on November 1, 2002, and Expansion AreaNo. 16 by the adoption of Resolution 1977, adopted on July 18, 2003, and Expansion AreaNo. 17 by the adoption of Resolution 2006, adopted on November 7, 2003, and Expansion Area No. 18 by the adoption of Resolution 2019, adopted on December 19, 2003 and Expansion AreaNo. 19 by the adoption of Resolution 2090, adopted on October 22, 2004 referred to the Allocation Area, as expanded, as Airport Economic Development Area Allocation Area No. 1, ("Airport Economic Development Area Allocation AreaNo. 1"); and • 3 ` 'WHEREAS, Section 17.5 of the Act provides for the means for amending a resolution or plan in a way that enlarges the boundaries of an economic development area by not more than twenty percent (20%) of the original economic development area or adds one (1) or more parcels to the Property Acquisition List; and WHEREAS, the Development Plan includes a list of the parcels of property within the Airport Economic Development Area to be acquired; and WHEREAS, there was presented at this meeting ofthe Commission for its consideration and approval a proposed amendment to the Development Plan setting out the boundaries of the Area, adding parcels of property to the Property Acquisition List and further identifying the types of economic development projects and purposes to be undertaken in the Area (the Development Plan as amended is hereinafter referred to as the "Development Plan"), a copy of which is attached hereto as Exhibit B; and WHEREAS, the proposed amendment to the Development Plan provides for the extension of Dylan Drive north of its current location to Adams Road and for the development of the Expansion Area 21 as a mixed use development, including the extension of utilities to that area; and WHEREAS, the Commission has caused notice of a public hearing regarding its consideration of expanding the Airport Economic Development Area and amending the Development Plan has described above scheduled for August 25, 2006 to be (i) published in the South Bend Tribune and the Tri-County Ne~~~s on August 11, 2006, (ii) filed in the offices of the entities required under Section 17(b) of the Act; and (iii) sent by first class mail at least ten (10) days prior said public hearing to (a) all affected neighborhood associations (as such term is used in Section 17.5 of the Act), if any, (b) to persons owning property in Expansion Area No. 21, and (c) to the persons owning a property proposed to be added to the Property Acquisition List, which are listed and described at Exhibit D, all in accordance with and in satisfaction of the requirements ofthe Act; and WHEREAS, the Commission conducted a public hearing held on the ?5th day of August, 2006, at 10:00 a.m., Eastern Daylight Time, at 1308 County-City Building, South Bend, Indiana, at which the Commission heard all persons interested in the proceedings and received and considered ~ written remonstrances and objections and other such evidence presented; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission, governing body of the City of South Bend, Department of Redevelopment, as follows: 1. The Commission finds that the proposed amendment to the Development Plan and to Resolution No. 919, as amended, is reasonable and appropriate when considered in relation to the Development Plan and to Resolution No. 919, as amended, respectively, and the purposes of the Act. 2. The Commission finds that the Development Plan, as amended, and Resolution No. 919, as amended and as hereby further amended, conforms to the comprehensive plan of the City. • 3. The Airport Economic Development Area is hereby expanded to include Expansion Area No. 21 as described at Exhibit A, and the Airport Economic Development Area, as expanded, is to be known hereafter as the "Airport Economic Development Area" and is described at Exhibit C. 4. The Airport Economic Development Area, Allocation Area No. l (Allocation Area No. 1 ") is hereby expanded to include Expansion Area No. 21 as described at Exhibit A so that the boundaries of the Allocation Area and the Area are cotern~inous. Any taxes levied on the property imposed under I.C. 6-1.1 in the Allocation Area shall be allocated, distributed and used as provided in Resolution No. 919, as amended, and the Act. The base assessment date for Expansion Area No. 21, for purposes of the Act, is March 1, 2006. The Allocation Area as expanded shall be hereinafter known as "Airport Economic Development Area, Allocation Area No. 1" ("Allocation Area No. 1 "). 5. To accomplish development of the Area it is necessary to acquire additional land within the Area as shown on the Property Acquisition List included in the Economic Development Plan attached hereto and incorporated herein as Exhibit D. 6. It is estimated that the cost of acquiring the propertybeing added to the acquisition list is $150,000.00. 7. The proposed amendment to the Development Plan as attached hereto is hereby in all respects approved. ecretar is hereb directed to the a certified copy of said Development Plan, as 8. The S y y amended, with the minutes of this meeting. 9. The Secretary is hereby further directed to record this Resolution with the Office of the St. Joseph County Recorder pursuant to the requirements of LC. 36-7-14-17.5(8). 10. All other findings, determinations, and conclusions in Resolution No. 919, as amended, shall remain as stated therein. 11. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. • ' Adopted at a meeting of the South Bend Redevelopment Commission held on August 25, 2006, ~t 1 ~0~ County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVF.LOPIVIENT South Bend Redevelopment Commission ATTEST: s~,>>«~ Gregory S. Downes, Secretary Printed Nana rulr! l~iile South Bend Redevelopment Commission • • ,. EXHIBIT A Descri tion of Ex ansion Area No. 21 P P THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST. GERMAN TOWNSHIP, ST. .IOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, THENCE WEST ALONG -I~HE SOUTH LINE OF SAID NORTHEAST QUARTER 1186.55 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY L[NE OF THE U.S. 31 BY-PASS AND TO THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 119826 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 544.85 FEET; THENCE SOUTH 72 DEGREES 23 MINUTES 34 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 63.00 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY PRO.IECTED ACROSS ADAMS ROAD TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ADAMS ROAD, A DISTANCE OF 1168.65 FEET; THENCE SOUTH 84 DEGREES 29 MINUTES 04 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 865.89 feet; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 191.21 FEET; THENCE SO[1TH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 22.56 FEET TO [~HE POINT OF NON- TANGENTCURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 895.00 FEET, A CENTRAL ANGLE OF 33 DEGREES 29 MINUTES 06 SECONDS AND A CHORD OF 515.77 FEET BEARING NORTH 46 DEGREES 12 MINUTES 10 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 523.19 FEET; THENCE SOUTH 29 DEGREES 27 MINUTES 22 SECONDS EAST, A DISTANCE OF 1 1 12.70 FEET TO THE POINT OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 60 DEGREES 29 MINUTES 52 SECONDS AND A CHORD OF 609.55 FEET BEARING SOUTH 59 DEGREES 42 MINUTES 18 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 638.81 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 13 SECONDS EAST, .A DISTANCE OF 365.76 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST ALONG SAID SECTION LINE, A DISTANCE OF 1026.76 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2604.21 FEET TO THE WEST QUARTER OF SAID SECTION 17; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG THE SOUTH LINE OF SAID NOR"fHEAST QUARTER, A DISTANCE OF 1 186.55 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 162.185 ACRES, MORE OR LESS 1 • • EXHIBIT B Development Plan as Amended • AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN INTRODUCTION .................................................................................................... I DESCRIPTION OF PROJECT ............................................................................ ....1 Boundaries of the Airport Economic Development Area .................................... ....2 Goals and Objectives ........................................................................................... ....2 Obstacles to Achieving the Economic Development Plan .................................. .....2 Proposed Economic Development Activities ..................................................... .....2 Expected Public Benefit From the Economic Development of the Area ............ .....3 LAND USE ......................................................................................................... .....3 Development C'ontrols ........................................................................................ .....3 Public Improvements .......................................................................................... .....4 PRO.IECT PROPOSALS .................................................................................... .....4 Property Acquisition ........................................................................................... .....4 Property Rehabilitation ....................................................................................... .....4 Developers Obligations ....................................................................................... .....5 DESIGN REVIEW COMMITTEE ..................................................................... Establishment of Committee ............................................................................... .....5 .....5 Terms .................................................................................................................. .....5 Rules ................................................................................................................... .....6 Powers ar-rd Duties ............................................................................................... .....6 Design Guidelines ............................................................................................... .....6 Permits ................................................................................................................ .....6 Review ............................................................................................................... ......6 Amendments to Disapproved Plan ..................................................................... ......7 Signs and Awni~lgs ............................................................................................ ......7 STATUTORY' AUTHORITY ..................................................................................7 PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN .............................................................7 MAP 1 ............................................................................................Project Boundary MAP 2 ............................................................................................................ Zoning MAP 3 ............................................................................................ Expansion Areas EXHIBIT A .................................................... Project Boundary Legal Description EXHIBIT B ....................................................................... Property Acquisition List • INTRODUCTION The Airport Economic Development Area (Area) provides the City of South Bend with a unique opportunity to improve its economic position in a Midwestern, regional and local context. By opening up a large, new area for commercial and industrial development, the City will generate new jobs, increase its tax base, diversify business opportunities and compete in a larger marketplace while at the same time generating millions of dollars of new investment for North Central Indiana. The Area, which is zoned primarily for industrial purposes, is a prime site for new development due to its ready access to an excellent transportation network that includes air (Michiana Regional Airport), rail (the South Shore Railroad, located at the Michiana Regional Airport) and highway (sc~~eral major local arterials, the U.S. 31 bypass and the Indiana "Poll Road, Exit 72). All of these combine to permit ready access to local, regional and Midwest markets in all directions. Added to this strong transportation network is the presence in the Area of the highly successful Airport and Toll Road h~dustrial Parks, which provide a solid employment and tax base for the region as well as an excellent economic development model. With these existing industrial parks nearly out of developable space, the Airport project is the next logical step. When completed, this major, multi-use, economic development project will offer an excellent environment for business development that will spur the economy of South Bend as well as that of North Central Indiana. While the above mentioned factors combine to provide a strong impetus for development of this Area, lack of interior roadway access and the absence of utility infrastructure have hindered normal development of an otherwise excellent site. It is the expectation of the Redevelopment Commission that the development of this Area will produce a significant increase in the City's overall economic vitality. To achieve this, however, the Redevelopment Commission and the City of South Bend must be able to provide the necessary public improvements to make the site suitable for new development. This requires public fiends for capital improvements. The best method for funding these improvements without adding to the tax burden is through tax incremental financing. This tool is currently available only in redevelopment and economic development areas and will be of the utmost importance in this project. By using the tax increment generated by new development, the City will be in a position to provide the necessary capital improvements to spar the future growth and development of this Area and the South Bend community as a whole. DESCRIPTION OF PROJECT Boundaries of the Airport Economic Development Area The boundaries of the Airport Economic Development Area are attached as Exhibit "A". • Goals and Objectives he economic develo ment of the Airport Economic Development Area Goals and ob~ectwes fort p are: To stimulate the development of currently vacant land through the creation of developable sites. 2. To stimulate new, private development and investment in the Area. To increase and diversify the City's tax base. 4. To create a significant number of new job opportunities for the citizens of South Bend. To provide new space for the expansion of the existing Airport Industrial Park, as well as other South Bend businesses. To improve roadway access and circulation in the northwest portion of the City, sun-ounding the Michiana Regional Airport. 7. To stimulate increased use and growth of the Michiana Regional Airport. 8. To increase user traffic for the Indiana Toll Road, specifically Exit 72. bore Railroad. 9. To increase use of the South S Obstacles to Achieving the Economic Development Plan Although the Airport Economic Development Area has the potential to be a prime site for new growth, the economic development plan for the Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise because of: 1. Lack of necessary public improvements in the Area, such as: adequate internal circulation, utilities and other infrastructure related to the orderly growth and development of new commercial, office and light industrial concerns. 2. Multiple and fragmented ownership of land, which makes the assemblage of larger or contiguous parcels difficult. Proposed Economic Development Activities Realization of the stated goals and objectives will be accomplished by a combination of public • and private actions. These actions could include, but are not limited to, the following: property acquisition, relocation, clearance and dedication of public right-of--way, provisions for public facilities and improvements and any other activity pertaining to planning and implementing an economic development plan. Expected Public Benefit From the Economic Development of the Area The implementation of the Airport Economic Development Plan will result in several public benefits to the citizens of South Bend, including: Significant new job creation resulting forn7 the new development as well as expansion of office, commercial and industrial uses within the Area. Increase and diversification of the City's tax base. New private investment and development as well as the expected expansion of existing businesses, especially in the Airport and Toll Road Industrial Parks. 4. Improved roadway access in the northwest portion of the City. 5. New construction and rehabilitation opportunities, which will result in additional jobs and investment, especially in the construction trades as well as architectural, engineering and other related fields. LAND USE Development Controls The controls and regulations for the Airport Economic Development Area are designed to provide for development that is consistent with Plan goals and objectives and to assure compatibility of development throughout the area. Zoning requirements shall be the same as those in the "BP", "D", and "E" Districts as identified in Chapter 21, Article ?, of the Municipal Code of the City of South Bend. Height and area requirements shall be the same as those in the "A" Height and Area District as identified in Chapter 21, Article 4, of the Municipal Code of the City of South Bend. 3. When feasible, utility lines shall he placed underground. 4. All properties within the Area shall be designed and maintained so that the appearance of t 'the premises and all buildings thereon shall reflect a high level of design and maintenance in keeping with the standards of the Area. Public Improvements h1 order to stimulate and facilitate new development and expansion in the Area, the City of South Bend will constrict the following improvements in the Area, depending on the availability of funds: Widening construction and other improvements relating to new or existing roads. 2. Extension or construction of utilities such as water mains, stoi~~~ and sanitary sewers and other improvements needed to serve the Area_ Other infrastructure improvements such as intenzal streets, lighting, landscaping, sidewalks, curbs, etc., as needed to serve the Area. 4. Other public improvements, as necessary for the project. These public improvements will be phased as funds become available. PROJECT PROPOSALS Property Acquisition The Lund Acquisition Plan Map (Map 3) and Property Acquisition List (Table 1) indicate real property to be acquired for economic development purposes. After acquisition, the Redevelopment Commission will sell or lease the property to a purchaser or lessee at its fair market value, excepting those cases when the property is sold or leased to another public body pursuant to Indiana Code 36-7-14-22(a) or 36-1-1 1-8, for uses in accordance with the Plan. Property Rehabilitation All properties in the Airport Economic Development Area shall comply with the standards set forth in all applicable statutes, codes and ordinances, as amended from time to time, relating to the use, maintenance, and occupancy of existing property, including but not limited to, the Building, Plumbing, Heating, and Electrical Codes. • ' Developers Obligations The land ac aired b the Cit of South Bend Redevelopment Commission will be disposed of q Y Y subject to an Agreement between the Commission and any potential developer. Any potential developer will be required by the Contractual Agreement to observe the Land Use and building requirements of this Development Plan. They will filrther be required to submit a development schedule satisfactory to the South Bend Redevelopment Commission. No developer will be permitted to defer the start of construction for a period longer than that required for the preparation of necessary development plans. In addition, the following provisions will be included in any agreement: That any developer will submit to the Commission a plan and schedule for the proposed development. 2. That the purchase of the land is for the purpose of development and not for speculation. That the land will be built upon and improved in conformity with the objectives and provisions of the Development Plan. 4. That the building of improvements will be commenced and completed within a reasonable period of time. DF,SIGN REVIEW COMMITTEF, In order to achieve a high level of design and insure a feeling of continuity throughout the Area, a Design Review Committee (Committee) is hereby established. Nothing herein shall give the Committee authority over any building, zoning or other code requirements of federal, state or local law. Establishment of Committee A Design Review Committee of nine (9) members shall be established. Members shall be the Redevelopment Director, the City Engineer, the Director of the Area Plan Commission of St. Joseph County, the City Building Commissioner, a representative of the St. Joseph County Airport Authority, a representative of the Industrial Foundation, Inc., and three members appointed by the Redevelopment Commission representing business or community interests in the Area. The Redevelopment Director shall serve as chairman of the Committee. Five (5) members of the Committee will constitute a quorum. Terms Members of this Committee shall serve without pay for two year terms. Appointed members • shall serve at the pleasure of the Commission. Vacancies occurring through death, resignation or other causes shall be filled for the unexpired term in the same manner as the original appointments. Rules The Committee shall adopt such rules and procedures as are necessary to conduct its business, including the dates and times of meetings and hearings. Powers and Duties The Committee shall function in an advisory capacity to the Redevelopment Commission. It shall review the plans and specifications for all projects located within the Area that involve new constriction, exterior renovation or site work- This Review will include design, site planning, open space and other applicable considerations pertaining to compliance with the standards set forth in the Airport Economic Development Area Design Guidelines. In exercising these duties the Committee shall follow the procedures and act within the limitations established in this section. Design Guidelines The Redevelopment Commission shall, by Resolution, adopt Design Guidelines for use by developers on all projects within the Area. The Committee will base their approval of plans on how well the proposals have Followed these guidelines. The Design Guidelines may be reviewed and revised as necessary by Rede~~elopment Commission action- Permits No permit shall be issued for construction, reconstruction, alteration, or rehabilitation of any building in the Area until the plans and specifications for the building have been approved by the Committee. Review All proposals filed with the Committee for review and approval shall be accompanied by architectural plans and/or engineering drawings and specifications for the work involved. Such plans shall be review for compliance with the standards and objectives of the Plan and Design Guidelines. Upon receipt of the plans the staff of the Department of Community & Economic Development will review them, prepare a staff report, and schedule a meeting of the Committee with the developer, generally within two weeks from receipt of the plans. At this meeting the Committee will review plans and the staff report with the developer and either approve the plans as submitted, ask for additional information, approve the plans as 6 modified, or reject the plans. The developer will be notified in writing of modifications in plans or specifications that are necessary to receive approval. Approval by the Committee does not constitute approval of any federal, state or local building, zoning or other requirements but is solely pertaining to the Design Guidelines over which the Committee has advisory jurisdiction for the Commission. The Committee shall have the right to waive the review process for any project. Amendments to Disapproved Plan Within thirty days after disapproval of a development plan, the developer may file with the Committee an amendment to such plan or an amended plan which shall be limited exclusively to changes made necessary to meet the modifications requested by the Committee. Review procedures for an amended plan shall be the same as for an initial submission. Signs and Awnings All proposals for signs and awnings within the Area shall be reviewed by the Committee and evaluated for compliance with the standards established in the Design Guidelines. STATUTORY AUTHORI"I'Y The controls, regulations and land use restrictions contained in this Plan are for the specific purpose of implementing the Airport Economic Development Plan pursuant to Indiana Code ~C~- 7-14-1-et.seq. PROCEDURE FOR AMENDMENT OF THE APPROVED DEVELOPMENT PLAN The Development Plan for the Airport Economic Development Area maybe amended by resolution of the South Bend Redevelopment Commission. Any change affecting any property or contractual right can be effectuated only in accordance with applicable state and local law. • EXHIBIT A Airport Economic Development Area A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, and Sections 3 and 4, Township 37 North, Range 2 East, in German and Portage Townships, St. Joseph County, Indiana, more particularly described as follows: Beginning at the intersection of the Northeasterly right of way line of Lincolnway West and the Easterly right of way line of Bendix Drive; thence South, Southeasterly and Easterly along said Easterly right of way line of Bendix Drive to the intersection of the Northerly right of way line of Bendix Drive and Easterly right of way line of Goodland Avenue; thence North 0 degrees 00 minutes 00 seconds East (bearing assumed of the next twenty courses) along said Easterly right of way line of Goodland Avenue, a distance of 362.95 feet; thence South 89 degrees 46 minutes 27 seconds East, a distance of 239.50 feet; thence South 0 degrees 29 minutes 11 seconds East, a distance of 176.78 feet; thence South 89 degrees 07 minutes 43 seconds East, a distance of 227.04 feet to the W esterly right of way line of Eclipse Street; thence along anon-tangent curve to the left having a radius of 957.29 feet and a central angle of 3 degrees 26 minutes 41 seconds and limited in length by a chord which bears South 17 degrees 02 minutes 58 seconds East, a distance of 57.54 feet; thence continuing along said West right of way line of Eclipse Street, a distance of 127.60 feet to the Northerly right of way line of Bendix Drive; thence East along said Northerly right of way line to the Easterly right of way line of Meade Street; thence south 978 feet to the southwest corner of Lot 40 as shown on the recorded Plat of West End Subdivision, within and part of the City of South Bend, recorded on August 20, 1901 in Plat Book 8, Page 46; thence east along the northerly right of way of Lawton Street a distance of 476 feet to the southeast corner of Lot 40 in said subdivision; thence south 194 feet to the northeast corner of Lot 30 in said subdivision; thence West 222 feet to the northeast corner of Lot 57 in said subdivision; thence south 120 feet along the east line of said Lot 57; thence west 40 feet along the south line of said Lot 57; thence north 120 feet along the west line of said Lot 57; thence west 134 feet to the northeast corner of Lot 53 in said subdivision; thence south 120 feet along the east line of Lot 53 in said subdivision; thence west 80 feet to the southwest corner of Lot 52 in said subdivision; thence South along said Easterly right of way line of said Meade Street to the Northeasterly right of way line of Consolidated Railroad formerly Penn Central Railroad; thence Northwesterly along said Northeasterly right of way line to the intersection of the South line of the Southwest Quarter of Section 3; thence North 64 degrees 42 minutes 17 seconds West along said Northeasterly right of way line, a distance of 394.85 feet; thence North 24 degrees 58 minutes 43 seconds East, a distance of 50.30 feet; thence North 01 degrees 01 minutes 45 seconds West, a distance of 40.72 feet; thence North 0 degrees 09 minutes 03 seconds East, a distance of 113.11 feet; thence South 89 degrees 56 minutes 21 seconds West, a distance of 16.00 feet; thence North 0 degrees 09 minutes 03 seconds East, a distance of 8.05 feet; thence North 89 degrees 57 minutes 00 seconds West, a distance of 3.59 feet; thence North 0 degrees 08 minutes 44 seconds East, a distance of 371.13 feet; thence North 87 degrees 38 minutes 33 seconds West, a distance of 1.85 feet; thence North 3 degrees 54 minutes 24 seconds West, a distance of 21.58 feet to the Southerly right of way line of Bendix Drive; thence Westerly, Northwesterly and Northerly along the right of way lines of said Bendix Drive to the intersection of the Westerly right of way line of Bendix Drive and the Northeast right of way line of Lincolnway W est; thence Northwesterly along said Northeast right of way line of Lincolnway West to the East right of way line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel with and 140 feet Northerly of the survey Line S-USR20-M (referenced to plans for U.S. 31 Bypass) to the West right of way line of Butternut Road; thence Northwesterly along the Northeast limited access right of way line of USR 20 to a point 150 feet to the right of Station 65+00, Line S-USR20-M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S-USR 20-M to a point 150 feet to the left of Station 65+00 on Line S-USR20-M; thence Southerly and Southwesterly along the limited access right of way line of the Southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35+00 on Line M at the centerline of the U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35+00 on said Line M; thence Northerly and Northwesterly along the limited access right of • way line of the Southwest ramp of said U.S. 31 Bypass to a point at Station 34+00 Line S-USR20-M in the limited access right of way line of the Southwest ramp of said U.S. 31 Bypass, which point is 130 feet Southwesterly measured at right angles from said Line S-USR20-M; thence Northeasterly a distance of 250 feet measured at right angles to said Line S-USR20-M to a point at Station 34+00 on Line S-USR20-M, and being 120 feet measured at right angles, Northeasterly from said Line; thence Easterly and Northerly along the limited access right of way line of said Northwest ramp of the U.S. 31 Bypass to a point, 79.36 feet South of the North 1 /4 post of said Section 31; thence North along the North-South quarter line of said Section 31, 79.36 feet to the North 1/4 post of said Section 31; thence North along the North -South quarter line of Section 30 to the North 1 /4 corner of Section 30; thence continuing North along the North -South centerline of Section 19, to the intersection with the South boundary line of Olive Road Commerce Park Subdivision; thence Westerly along said South line to the intersection of the East line of Wells Electronic Minor Subdivision; thence South along said East line, extended 40 feet to the South right-of-way line of Cleveland Road; thence West along said South right of way line to the West right of way line, extended of Olive Road; thence North 89 degrees 53 minutes 13 seconds West along the South fine of Cleveland Road and its Easterly extension, 1075.83 feet, more or less, to the West line of Section 19; thence North along the West line of Section 19 to a point on the West line of Lot 1 in the plat of Gibbs' Olive Road Minor Subdivision as the same is recorded as instrument number 0028450 in the office of the Recorder of St. Joseph County, Indiana, said point being 114.58 feet South 00 degrees 11 minutes 35 seconds West (Rec. South 00 degrees 11 minutes 18 seconds West) from the Northwest corner of said Lot 1; thence North 89 degrees 19 minutes 02 seconds West, 2674.83 feet, more or less, to the North-South centerline of said Section 24; thence North 00 degrees 08 minutes 51 seconds East, along said North-South centerline, a distance of 1603.00 feet, more or less, to the point of intersection with the Northerly right of way line of the Indiana East-West Toll Road; thence North 89 degrees 20 minutes 23 seconds East, along said Northerly right of way line, a distance of 3795.28 feet, more or less to the point of intersection of said Northerly right of way line with the East right of way line of Olive Road; thence North along the East right of way line of Olive Road and the East right of way line Olive Road extended to its intersection with the Northerly right of way line of Brick Road; thence Easterly and Northerly along the Northerly right of way line of Brick Road and the Westerly right of way line of the U.S. 31 Bypass to a point 430 feet East of the half section line of Section 18; thence North parallel with the West section line of Section 18 to the East-West centerline of said Section 18; thence continuing Easterly along the East-West centerline of said Section 18, to the southeasterly right-of-way of the U.S. 31 By-Pass which point being North 89 degrees 53 minutes 38 seconds West along the South line of the Northeast Quarter of Section 18, a distance of 1186.55 feet from the East quarter corner of said Section 18; thence North 16 degrees 39 minutes 31 seconds East along said right-of-way, a distance of 1198.26 feet; thence North 17 degrees 36 minutes 26 seconds East along said right-of-way, a distance of 544.85 feet; thence South 72 degrees 23 minutes 34 seconds East along said right-of-way, a distance of 63.00 feet; thence North 17 degrees 36 minutes 26 seconds East along said right-of-way projected across Adams Road to a point on the Northerly right-of-way of said Adams Road, a distance of 1168.65 feet; thence South 84 degrees 29 minutes 04 seconds East along said Adams Road right-of-way, a distance of 865.89 feet; thence South 89 degrees 55 minutes 03 seconds along said Adams Road right-of-way, a distance of 191.21 feet; thence South 00 degrees 04 minutes 57 seconds West, a distance of 22.56 feet to the point ofnon-tangent curve, concave to the Southwest, having a radius of 895.00 feet, a central angle of 33 degrees 29 minutes 06 seconds and a chord of 515.77 feet bearing North 46 degrees 12 minutes 10 seconds West; thence Southeasterly along said curve, a distance of 523.19 feet; thence South 29 degrees 27 minutes 22 seconds East, a distance of 1112.70 feet to the point of tangent curve, concave to the Northeast, having a radius of 605.00 feet, a central angle of 60 degrees 29 minutes 52 seconds and a chord of 609.55 feet bearing South 59 degrees 42 minutes 18 seconds West; thence Southeasterly along said curve, a distance of 638.81 feet; thence South 89 degrees 57 minutes 13 seconds East, a distance of 365.76 feet to the East line of the Northwest Quarter of said Section 17; thence South 00 degrees 14 minutes 27 seconds East along said section line, a distance of 1026.76 feet to the Southeast corner of the Northeast quarter; thence North 89 degrees 57 minutes 13 seconds West along the South line of said Northwest quarter, a distance of 1298.64 feet to the Northeast corner of the West 1/2 of the Southwest Quarter of said Section 17; thence South 00 degrees 03 minutes 49 seconds West along the East line of the West 1 /2 of said Southwest 1 /4 a distance of 2465.70 feet to a point which is North 00 degrees 03 minutes 49 seconds East a distance of 200.00 feet from the Southeast corner of the West 1/_ of said Southwest 1/4; thence North 89 degrees 39 minutes 06 seconds West, parallel with the South line of said Southwest 1/4 a 2 distance of 400.00 feet; thence South 00 degrees 03 minutes 49 seconds West, parallel with the East line of • the West 1/2 of said Southwest 1/4, a distance of 200.00 feet to the South line of said Southwest 1/4; thence North 89 degrees 39 minutes 06 seconds West, along said South line a distance of 375.75 feet; thence North 00 degrees 22 minutes 38 seconds East, a distance of 205.00 feet; thence North 89 degrees 39 minutes 06 seconds West, parallel with said South line a distance of 138.00 feet; thence South 00 degrees 22 minutes 38 seconds West, a distance of 205.00 feet to said South line; thence North 89 degrees 39 minutes 06 seconds West along said South line a distance of 60.00 feet; thence North 00 degrees 22 minutes 38 seconds East, a distance of 200.00 feet; thence North 89 degrees 39 minutes 06 seconds West, parallel with said South line, a distance of 330.00 feet to the West line of said Southwest 1/4; thence Southerly along said West line to the Southwest corner of said Section 17, also being the Northwest corner of Section 20; thence Southerly along the West line of Section 20, to the South right of way line of Brick Road; thence due East along the South right of way line of Brick Road a distance of 346.64 feet; thence due South a distance of 150.35 feet to a point on the Northerly right of way line of the new Cleveland Road, said point being 170.85 feet South of and 346.64 feet East of the Northwest corner of said Section 20; thence Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1 /2 of the West 1/2 of the Northwest 1 /4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due West and 200 feet from the East line of the Northwest 114 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due North a distance of 220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence due North 20 feet, more or less, to the centerline of Brick Road; thence East 30 feet, more or less, along said centerline of Brick Road to a point of intersection with the centerline of Mayflower Road; thence East along said centerline of Brick Road to a point that is 420 feet West of the point of intersection between said centerline and the East line of the West Half of the Northeast Quarter of Section 20; thence South 750 feet parallel with the West line of the High Meadows Estates Subdivision; thence East 420 feet to the West line of said subdivision, said West line being the East line of the West Half of the Northeast Quarter of Section 20; thence South along the West line of said subdivision to the Southwest corner of Lot 35 of the High Meadows Estates Subdivision; thence East along the South line of the High Meadows Estates Subdivision and the Hartman &DeMaegt Subdivision to the Southeast corner of Lot 8 of the Hartman & DeMaegt Subdivision; thence East along the South line of the Hartman &DeMaegt Subdivision, extended East, to a point that is 138.48 feet West of the East line of the West Half of the Northwest Quarter of Section 21; thence North 465 feet, more or less; thence East 138.48 feet; thence North 530 feet to the centerline of Brick Road; thence East 661.02 feet along said centerline; thence South 1280 feet, more or less; thence East 661.02 feet to the West line of Toll Road Industrial Park Subdivision, also being the North- South centerline of Section 21; thence North along said West line of Toll Road Industrial Park a distance of 685.077 feet to the Northwest corner of Outlot 7C of said Toll Road Industrial Park, Section 7; thence North 88 degrees 53 minutes 36 seconds East, 1327.59 feet to the Northeast corner of Lot 11 of the Toll Road Industrial Park, Section 6; thence South 00 degrees 56 minutes 57 seconds East, 366.66 feet to the North line of Lot 14, Section 6, of the Toll Road Industrial Park; thence Easterly a distance of 1322.97 feet along the North line of Lot 14 and Lot 15 of said Section 6 to the East line of said Lot 15, also being the East line of Section 21; thence along the said East line South 00 degrees 45 minutes 45 seconds East a distance of 1590.77 feet to the East Quarter post of said Section; thence South 01 degrees 00 minutes 44 seconds East along the East line of said Section, a distance of 585.04 feet; thence North 89 degrees 44 minutes 31 seconds East a distance of 1219.94 feet to the centerline of Portage Road; thence South 21 degrees 44 minutes 25 seconds East along said centerline a distance of 292.53 feet; thence North 01 degrees 02 minutes 54 seconds West along the East line of the West half of the Southwest Quarter of said Section 22, to the East-West centerline of said Section 22; thence East along the East-West centerline of said Section 22 to the center of said Section 22; thence South along the North-South centerline of said Section 22 to a point 214.50 feet North of the South 1/4 corner of said Section 22; thence West, parallel with the South line of said Section 22, a distance of 99.00 feet; thence South, parallel with said North-South centerline of Section 22, a distance of 214.50 feet to the South line of said Section 22; thence East along said South line of Section 22, a distance of 99.00 feet to the South 1/4 corner of said Section 22 (also being the North 1/4 corner of Section 27); thence South along the North -South centerline of said Section 27 to the South right of way line of the East -West Indiana Toll Road; r ~_J thence West and Northwest along the Southerly right of way line of said East -West Indiana Toll Road to the intersection with the East right of way line of Maple Road; thence Southwest and Southerly along the East line . of said Maple Road and Bendix Drive to the Point of Beginning Also, including: A parcel of land being in the South west Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana Being more particularly described as follows: Commencing at the southwest corner of Section 19, Township 38 North, Range 2 East; thence Northerly 2,855.36 feet to a point, said point being the intersection of the Westerly line of said section and the centerline of the Indiana East-West Toll Road; thence Easterly along the centerline of said Toll Road 1,019.36 feet to a point, said point being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road 1,416.28 feet; thence Easterly 20 feet to the easterly right-of-way line of Olive Road and place of beginning; thence Easterly 180 feet to a point; thence Southerly 120 feet to a point; thence Westerly 180 feet to a point; thence Northerly 120 feet tot the point and place of beginning. Also, including: A part of the Northeast quarter of the Southwest quarter of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of said Section 19; thence Northerly 2855.36 feet to a point, said point being the intersection of the Westerly line of said Section 19 and the centerline of the Indiana East-West Toll Road; thence Easterly along the centerline of said Toll Road, 1019.36 feet to a point, said point being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road, 1216.28 feet to the point and place of beginning; thence Easterly 200 feet to a point; thence Southerly 200 feet to a point; thence Westerly 200 feet to a point; thence Northerly 200 feet to the point of beginning, containing 0.91 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Together with the following described parcel: Beginning on the centerline of Olive Road, at a point 1640.1 feet North of the Southwest corner of said Section 19, running thence North along the centerline of said Olive Road, a distance of 120 feet; thence East 200 feet; thence South 120 feet; thence West 200 feet to the place of beginning, containing 0.55 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Also, including: A part of the Northwest quarter of Section 30, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the Northeast corner of the West half of the Northwest quarter of said Section 30; thence South 445.1 feet; thence West 165 feet thence North 445.1 feet; thence East 165 feet to the point of beginning, containing 1.69 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Also, including: A part of the Southeast quarter of Section 18, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Lots Numbered 1, 2 and 3 of Teachers Credit Union Portage Road Minor Subdivision, as recorded under 4 Instrument Number 0150716 in the Office of the Recorder of said County. • Also, including: Apart of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER"; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast corner of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of anon-tangent curve, being the northerly right-of-way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right-of-way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. Also including: A Part of the Southeast Quarter of the Southwest Quarter of Sec 19, Township 38 North, Range 2 East; a part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, all in German Township, St. Joseph County, Indiana, being more particularly described as follows: Beginning at the Southeast Corner of the Olive Road Commerce Park, Section 2; thence south along the City of South Bend Corporate Limits to the Northeast Corner of Lot 1 of Miller-Owens Minor Subdivision; thence west along the North Line of Said Subdivision 660 Feet; thence north parallel to the City of South Bend Corporate Limits to the north right-of-way line of Cleveland Road; thence east along said right-of-way line to a point 340 feet from the City of South Bend Corporate Line, also being the west property line of a parcel owned by Ernest and Bernice Mahler, Tax Key Number 04-1011-0189; thence north to the City of South Bend Corporate Limits at the south line of the Olive Road Commerce Park Section One Subdivision; thence east r~ along th'e south line of Olive Road Commerce Park 330.24 feet to the place of beginning. Also including: A part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, being more commonly described as follows: Commencing at a point 110 feet East of the Southwest corner of the Southwest Quarter of said Section 17; thence North parallel with the West line of said Section 17, a distance of 200 feet to an iron stake; thence East 110 feet to an iron stake; thence South and parallel with the West line of said Section 17, a distance of 200 feet to the South line of said Section 17; thence West and along the South line of said Section 17, 110 feet to the place of beginning. Also including: Lot Numbered One (1) on the recorded Plat of Lynn D. Daugherty's Subdivision recorded June 10, 1966 in Plat Book 22, page "D" in the Office of the Recorder of St. Joseph County, Indiana. Also including: A part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 38 North, Range 2 East, described as beginning 220 feet East of the Southwest corner of said Southwest Quarter; thence North 200 feet; thence East 1 10 feet; thence South 200 feet; thence West 110 feet to the place of beginning, Also including: Part of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section Seventeen (17), Township Thirty-eight (38) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the Southwest corner of said Section 17; running thence East along the South line of said Section a distance of 390 feet for the beginning point of this description; thence North 205 feet along the East line of a reserved street to an iron; thence East 138 feet to an iron; thence South 205 feet to a point 138 feet East of the place of beginning; thence West 138 feet to the place of beginning, being Lot Numbered Two (2) in a Minor Subdivision of Lynn Daugherty, recorded June 10, 1966 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 22, page "D", and a piece of land 5 feet North and South lying North of the entire North line of said Lot Numbered Two (2). And also including the following: THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, THENCE W EST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER 1186.55 FEET TO THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF THE U.S. 31 BY-PASS AND TO THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1198.26 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 544.85 FEET; THENCE SOUTH 72 DEGREES 23 MINUTES 34 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 63.00 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY PROJECTED ACROSS ADAMS ROAD TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ADAMS ROAD, A DISTANCE OF 1168.65 FEET; THENCE SOUTH 84 DEGREES 29 MINUTES 04 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A 6 • DISTANCE OF 865.89 feet; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 191.21 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 22.56 FEET TO THE POINT OF NON-TANGENT CURVE, CONCAVE TO THE SOUTHW EST, HAVING A RADIUS OF 895.00 FEET, A CENTRAL ANGLE OF 33 DEGREES 29 MINUTES 06 SECONDS AND A CHORD OF 515.77 FEET BEARING NORTH 46 DEGREES 12 MINUTES 10 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 523.19 FEET; THENCE SOUTH 29 DEGREES 27 MINUTES 22 SECONDS EAST, A DISTANCE OF 1112.70 FEET TO THE POINT OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 60 DEGREES 29 MINUTES 52 SECONDS AND A CHORD OF 609.55 FEET BEARING SOUTH 59 DEGREES 42 MINUTES 18 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 638.81 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF 365.76 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES 14 MINUTES 27 SECONDS EAST ALONG SAID SECTION LINE, A DISTANCE OF 1026.76 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 57 MINUTES 13 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHW EST QUARTER, A DISTANCE OF 2604.21 FEET TO THE WEST QUARTER OF SAID SECTION 17; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1186.55 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 162.185 ACRES, MORE OR LESS w • ~~ E'" r.i fzl i .~ 0 ..~ a~ Q 8 ~ ~ o Z ~- ~ ~ ~ G ~ ~ ~ y O O O O O O Q _ ~ cd c~ c~ cC c~ ~' J '~ 't7 'CS b '~ ~ ~ w ° ° ° ° ° ~ :~ u ~ w w G= . w _ ~ ~ -o ~ ~ ~ -n ~n ~ ~ ~ ~ . ~ t j ~, ~. p .~ ~ O ,--, ' . ~ O ~ .~ ~ ~ ~+ ~ ~ ~ O cn 4. s-- ,fir c~ b ',O-I O 'O '~ ~ ~ ~ ~ .~r~-! ~~~y ~~+y ~~ ~~ ~Cl U '~ Li+ 7 G, W CO Q r C ~ ~ ~ ~ ti ~ ~ N M ~J O O Q\ ~ oO 0 N 0 N O N O ~ O O O ~ `~ N O oo v~ O N N N ~ N M •--~ ~--~ N ~J X 0 0 ~ ~ >, M ~J M M .--~ M .--~ ~O .--i ~ .--~ ~ N ~O N ~J N r I N N r. 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[~ M M O O O 00 ~ M N ~ N N N .-~ W N 1 W ~ ~--~ N N ~ N M ~ ~ N ~ d O ~ O ~ ~ ~ ~ ~ rV ~U CC ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 N N ~ ~ O ~ O O O O O , O , O A ~ N N ~ N ~ N ~ N ~ N ~ N ~ N ~ N N ~ N ~ vl ~ ~ ~ ~ ~' ^, N ^,, N ~, N ~ N ^ N ~ N ~ [~ ~ f~ _ [~ ~ ~ ~ ~ ~ [~ ~ [~ ~ ~ ~ [~ O O ~--~ ~ M ~ M ~ ~ ~ [~ ~ ~ ~ [~ ~ [~ ~ 00 C O R ~ ~ ~t ~ '~ ~ ~ ~ ~' ~ ~t O `O ~t ~' v1 ~n v~ ~n ~n ~ ~0 ~O ~ ~ ~J Vr ~O ~ V G~ G1 O ~ ~t ~ ~ ~ ~ ~ ~n y O Ri O N O N O O O O O O O N N N N N N N O~ r-' ~--~ N N N N N N N N N N N N N N N N N EXHIBIT C Description of Airport Development Area (including Expansion Area No. 21) Apart of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, and Sections 3 and 4, Township 37 North, Range 2 East, in German and Portage Townships, St..loseph County, Indiana, more particularly described as follows: Beginning at the intersection of the Northeasterly right of way line of Lincolnway West and the Easterly right of way line of Bendix Drive; thence South, Southeasterly and Easterly along said Easterly right ofway line of Bendix Drive to the intersection of the Northerly right of way line of Bendix Drive and Easterly right of way line of Goodland Avenue; thence North 0 degrees 00 minutes 00 seconds East (bearing assumed of the next twenty courses) along said Easterly right of way line of GOOdIa]ld f~Velltle, a dlStallGE Of 362.9) feet; thence South 89 degrees 46 minutes 27 seconds East, a distance of 239.50 feet; thence South 0 degrees 29 minutes 11 seconds East, a distance of 176.78 feet; thence South 89 degrees 07 minutes 43 seconds East, a distance of 227.04 feet to the Westerly right ofway line of Eclipse Street; thence along anon-tangent curve to the left having a radius of 957.29 feet and a central angle of 3 degrees 26 minutes 41 seconds and limited in length by a chord which bears South 17 degrees 02 minutes 58 seconds East, a distance of 57.54 feet; thence continuing along said West right ofway line of Eclipse Street, a distance of 127.60 feet to the Northerly right of way line of Bendix Drive; thence East along said Northerly right ofway line to the Easterly right of way line of Meade Street; thence south 978 feet to the southwest corner of Lot 40 as shown on the recorded Plat of West End Subdivision, within and part of the City of South Bend, recorded on August 20, 1901 in Plat Book 8, Page 46; thence east along the northerly right of way of Lawton Street a distance of 476 feet to the southeast corner of Lot 40 in said subdivision; thence south 194 feet to the northeast corner of Lot 30 in said subdivision; thence West 222 feet to the northeast corner of Lot 57 in said subdivision; thence south 120 feet along the east line of said Lot 57; thence west 40 feet along the south line of said Lot 57; thence north 120 feet along the west line of said Lot 57; thence west 134 feet to the northeast comer of Lot 53 in said subdivision; thence south 120 feet along the east line of Lot 53 in said subdivision; thence west 80 feet to the southwest corner of Lot 52 in said subdivision; thence South along said Easterly right ofway line of said Meade Street to the Northeasterly right of way line of Consolidated Railroad formerly Penn Central Railroad; thence Northwesterly along said Northeasterly right ofway line to the intersection of the South line of the Southwest Quarter of Section 3; thence North 64 degrees 42 minutes 17 seconds West along said Northeasterly right of way line, a distance of 394.85 feet; thence North 24 degrees 58 minutes 43 seconds East, a distance of 50.30 feet; thence North O1 degrees Ol minutes 45 seconds West, a distance of 40.72 feet; thence North 0 degrees 09 minutes 03 seconds East, a distance of 113.11 feet; thence South 89 degrees 56 minutes 21 seconds West, a distance of 16.00 feet; thence North 0 degrees 09 minutes 03 seconds East, a distance of 8.05 feet; thence North 89 degrees 57 minutes 00 seconds West, a distance of 3.59 feet; thence North 0 degrees 08 minutes 44 seconds East, a distance of 371.13 feet; thence North 87 degrees 38 minutes 33 seconds West, a distance of 1.85 feet; thence North 3 degrees S4 minutes 24 seconds West, a distance of 21.58 feet to the Southerly right ofway line of Bendix Drive; thence Westerly, Northwesterly and Northerly • along the right of way lines of said Bendix Drive to the intersection of the Westerly right of way line o f Bendix Drive and the Northeast right of way line of Lincohlway West; thence Northwesterly along said Northeast right of way line of Lincolnway West to the East right ofway line of Butternut Road; thence Northwesterly across Butternut Road on a line parallel with and 140 feet Northerly of the survey Line S-USR20-M (referenced to plans for U.S. 31 Bypass) to the West right ofway line of Butternut Road; thence Northwesterly along the Northeast limited access right ofway line of USR 20 to a point 150 feet to the right of Station 65-~00, Line S-USR20-M; thence Southwesterly a distance of 300 feet along a line measured at right angles to said Line S-USR 20-M to a point 150 feet to the left of Station 65+00 on Line S-USR20-M; thence Southerly and Southwesterly along the limited access right ofway line of the Southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35+00 on Line M at the centerline ofthe U.S. 31 Bypass; thence Westerly a distance of 320 feet to a point 150 feet to the left of Station 35+00 on said Line M; thence Northerly and Northwesterly along the limited access right of way line of the Southwest ramp of said U.S. 3l Bypass to a point at Station 34+00 Line S-USR20-M in the limited access right ofway line of the Southwest ramp of said U.S. 31 Bypass, which point is 130 feet Southwesterly measured at right angles from said Line S-USR20-M; thence Northeasterly a distance of 250 feet measured at right angles to said Line S-USR20-M to a point at Station 34+00 on Line S-USR20-M, and being 120 feet measured at right angles, Northeasterly from said Line; thence Easterly and Northerly along the limited access right ofway line of said Northwest ramp of the U.S. 31 Bypass to a point, 79.36 feet South of the North 1/4 post of said Section 3 t; thence North along the North-South quarter line o f said Section 31, 79.36 feet to the North 1/4 post of said Section 31; thence North along the North - South quarter line of Section 30 to the North 1/4 corner of Section 30; thence continuing North along the North -South centerline of Section 19, to the intersection with the South boundary line of Olive Road Commerce Park Subdivision; thence Westerly along said South line to the intersection of the East line of Wells Electronic Minor Subdivision; thence South along said East line, extended ~0 feet to the South right-of--way line of Cleveland Road; thence West along said South right of way line to the West right of way line, extended of Olive Road; thence North 89 degrees 53 minutes 13 seconds West along the South line of Cleveland Road and its Easterly extension, 1075.83 feet, more or less, to the West line of Section 19; thence North along the West line of Section 19 to a point on the West line of Lot 1 in the plat of Gibbs' Olive Road Minor Subdivision as the same is recorded as instrument number 0028450 in the office of the Recorder of St. Joseph County, Indiana, said point being 114.58 feet South 00 degrees 1 1 minutes 35 seconds West (Rec. South 00 degrees 11 minutes 18 seconds West) from the Northwest corner of said Lot 1; thence North 89 degrees 19 minutes OZ seconds West, 2674.83 feet, more or less, to the North-South centerline of said Section 24; thence North 00 degrees 08 minutes 51 seconds East, along said North-South centerline, a distance of 1603.00 feet, more or less, to the point of intersection with the Northerly right of way line of the Indiana East-West Toll Road; thence North 89 degrees 20 minutes 23 seconds East, along said Northerly right of way line, a distance of 3795.28 feet, more or less to the point of intersection of said Northerly right of way line with the East right ofway line of Olive Road; thence North along the East right of way line of Olive Road and the East right of way line Olive Road extended to its intersection with the Northerly right of way line of Brick Road; thence Easterly and Northerly along the Northerly right of way line of Brick Road and the Westerly right of way line of the U.S. 31 Bypass to a point 430 feet East of the half section line of Section 18; thence North parallel with the West section line of Section 18 to the East-West centerline of said Section 18; thence continuing • Easterly along the East-West centerline of said Section 18, to the southeasterly right-of--way of the U.S. 31 By-Pass which point being North 89 degrees 53 minutes 38 seconds West along the South line of the Northeast Quarter of Section 18, a distance of 1 186.55 feet from the East quarter corner of said Section 18; thence North 16 degrees 39 minutes 31 seconds East along said right-of--way, a distance of 1 198.26 feet; thence North 17 degrees 36 minutes 26 seconds East along said right-of- way, adistance of 544.85 feet; thence South 72 degrees 23 minutes 34 seconds East along said right- of--way, a distance of 63.00 feet; thence North 17 degrees 36 minutes 26 seconds East along said right-of--way projected across Adams Road to a point on the Northerly right-of--way of said Adams Road, a distance of 1168.65 feet; thence South 84 degrees 29 minutes 04 seconds East along said Adams Road right-of--way, a distance of 865.89 feet; thence South 89 degrees 55 minutes 03 seconds along said Adams Road right-of--way, a distance of 191.21 feet; thence South 00 degrees 04 minutes 57 seconds West, a distance of 22.56 feet to the point of non-tangent curve, concave to the Southwest, having a radius of 895.00 feet, a central angle of 33 degrees 29 minutes 06 seconds and a chord of S 15.77 feet bearing North 46 degrees 12 minutes 10 seconds West; thence Southeasterly along said curve, a distance of 523.19 feet; thence South 29 degrees 27 minutes 22 seconds East, a distance of 1 112.70 feet to the point of tangent curve, concave to the Northeast, having a radius of 605.00 feet, a central angle of 60 degrees 29 minutes 52 seconds and a chord of 609.55 feet bearing South 59 degrees 42 minutes 18 seconds West; thence Southeasterly along said curve, a distance of 638.81 feet; thence South 89 degrees 57 minutes 13 seconds East, a distance of 365.76 feet to the EdSt line of the Northwest Quarter of said Section 17; thence South 00 degrees 14 minutes 27 seconds East along said section line, a distance of 1026.76 feet to the Southeast corner of the Northeast quarter; thence North 89 degrees 57 minutes 13 seconds West along the South line ofsaid Northwest quarter, a distance of 1298.64 feet to the Northeast corner of the West 1/2 of the Southwest Quarter of said Section 17; thence Sotith 00 degrees 03 minutes 49 seconds West along the East line of the West 1/2 of said Southwest 1/4 a distance of 2465.70 feet to a point which is North 00 degrees 03 minutes 49 seconds East a distance of 200.00 feet from the Southeast corner of the West 1/_ of said Southwest 1 /4; thence North 89 degrees 39 minutes 06 seconds West, parallel with the South line of said Southwest 1/4 a distance of 400.00 feet; thence South 00 degrees 03 minutes 49 seconds West, parallel with the East line of the West 1/2 of said Southwest 1/4, a distance of 200.00 feet to the South line of said Southwest 1/4; thence North 89 degrees 39 minutes U6 seconds West, along said South line a distance of 375.75 feet; thence North 00 degrees 22 minutes 38 seconds East, a distance of 205.00 feet; thence North 89 degrees 39 minutes 06 seconds West, parallel with said South line a distance of 138.00 feet; thence South 00 degrees 22 minutes 38 seconds West, a distance of 205.00 feet to said South line; thence North 89 degrees 39 minutes 06 seconds West along said South line a distance of 60.00 feet; thence North 00 degrees 22 minutes 38 seconds East, a distance of 200.00 feet; thence North 89 degrees 39 minutes 06 seconds West, parallel with said South line, a distance of 330.00 feet to the West line of said Southwest 1/4; thence Southerly along said West line to the Southwest corner of said Section 17, also being the Northwest corner of Section 20; thence Southerly along the West line of Section 20, to the South right of way line of Brick Road; thence due East along the South right of way line of Brick Road a distance of 346.64 feet; thence due South a distance of 150.35 feet to a point on the Northerly right of way line of the new Cleveland Road, said point being 170.85 feet South of and 346.64 feet East of the Northwest corner of said Section 20; thence Southeasterly along said Northerly right of way line of the new Cleveland Road to the point of intersection with the East line of the West 1/2 of the West • 1 /2 of the Northwest 1 /4 of said Section 20; thence due North along said East line to the intersection with the South right of way line of Brick Road; thence due East along said South right of way line of Brick Road to a point being due West and 200 feet from the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 20; thence due South 220 feet; thence due East 200.00 feet to the East line of the Northwest 1 /4 ofthe Northwest 1/4 of said Section 20; thence due North a distance of220 feet to the South right of way line of Brick Road; thence East along the South right of way line of Brick Road to a point of intersection with the West right of way line of Mayflower Road; thence due North 20 feet, more or less, to the centerline of Brick Road; thence East 30 feet, more or less, along said centerline of Brick Road to a point of intersection with the centerline of Mayflower Road; thence East along said centerline of Brick Road to a point that is 420 feet West of the point of intersection between said centerline and the East line of the West Half of the Northeast Quarter of Section 20; thence South 750 feet parallel with the West line of the High Meadows Estates Subdivision; thence East 420 feet to the West line of said subdivision, said West line being the East line of the West Half of the Northeast Quarter of Section 20; thence South along the West line of said subdivision to the Southwest corner of Lot 35 of the High Meadows Estates Subdivision; thence East along the South line of the High Meadows Estates Subdivision and the Hartman &DeMaegt Subdivision to the Southeast corner of Lot 8 of the Hartman &DeMaegt Subdivision; thence East along the South line ofthe Hartman &DeMaegt Subdivision, extended East, to apointthat is 138.48 feet West of the East line of the West Half of the Northwest Quarter of Section 21; thence North 465 feet, more or less; thence East 138.48 feet; thence North 530 feet to the centerline of Brick Road; thence East 661.02 feet along said centerline; thence South 1280 feet, more or less; thence East 661.02 feet to the West line of Toll Road Industrial Park Subdivision, also being the North- South centerline of Section 21; thence North along said West line ofToll Road Industrial Park a distance of 685.077 feet to the Northwest corner of Outlot 7C of said Toll Road Industrial Park, Section 7; thence North 88 degrees 53 minutes 36 seconds East, 1327.59 feet to the Northeast corner of Lot 11 of the Toll Road Industrial Park, Section 6; thence South 00 degrees 56 minutes 57 seconds East, 366.66 feet to the North line of Lot 14, Section 6, of the Toll Road Industrial Park; thence Easterly a distance of 1322.97 feet along the North line of Lot 14 and Lot 15 of said Section 6 to the East line of said Lot 15, also being the East line of Section 21; thence along the said East line South 00 degrees 45 minutes 45 seconds East a distance of 1590.77 feet to the East Quarter post of said Section; thence South O1 degrees 00 minutes 44 seconds East along the East line of said Section, a distance of 585.04 feet; thence North 89 degrees 44 minutes 31 seconds East a distance of 1219.94 feet to the centerline of Portage Road; thence South 21 degrees 44 minutes 25 seconds East along said centerline a distance of 292.53 feet; thence North O l degrees 02 minutes 54 seconds West along the East line of the West half of the Southwest Quarter of said Section 22, to the East-West centerline of said Section 22; thence East along the East-West centerline of said Section 22 to the center of said Section 22; thence South along the North-South centerline of said Section 22 to a point 214.50 feet North of the South 1/4 corner of said Section 22; thence West, parallel with the South line of said Section 22, a distance of 99.00 feet; thence South, parallel with said North-South centerline of Section 22, a distance of 214.50 feet to the South line of said Section 22; thence East along said South line of Section 22, a distance of 99.00 feet to the South 1/4 corner of said Section 22 (also being the North 1 /4 corner of Section 27); thence South along the North -South centerline of said Section 27 to the South right of way line of the East -West Indiana Toll Road; thence West and Northwest along the Southerly right of way line of said East -West Indiana Toll Road to the • intersection with the East right of way line of Maple Road; thence Southwest and Southerly along the M East line of said Maple Road and Bendix Drive to the Point of Beginning Also, inchding: A parcel of land being in the South west Quarter of Section l 9, Township 38 North, Range 2 East, Gern~an Township, St. Joseph County, Indiana Being more particularly described as follows: Commencing at the southwest corner of Section 19, Township 38 North, Range 2 East; thence Northerly 2,855.36 feet to a point, said point being the intersection of the Westerly line of said section and the centerline of the Indiana East-West Toll Road; thence Easterly along the centerline of said Toll Road 1,019.36 feet to a point, said point being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road 1,416.28 feet; thence Easterly 20 feet to the easterly right-of--way line of Olive Road and place of beginning, thence Easterly 1 80 feet to a point; thence Southerly 120 feet to a point; thence Westerly 180 feet to a point; thence Northerly 120 feet tot the point and place of beginning. Also, including: Apart ofthe Northeast quarter ofthe Southwest quarter of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of said Section 1 ~): thence Northerly 2855.36 feet to a point, said point being the intersection of the Westerly line of said Section 19 and the centerline of the hldiana East-West Toll Road; thence Easterly along the centerline of said Toll Road, 101 x).36 feet to a point, said point being the intersection of Olive Road arld said Toll Road; thence Southerly along the centerline of Olive Road, 1216.28 feet to the point and place of beginning; thence Easterly 200 feet to a point; thence Southerly 200 feet to a point; thence Westerly 200 feet to a point; thence Northerly 200 feet to the point ofbeginning, containing 0.91 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Together with the following described parcel: Beginning on the centerline of Olive Road, at a point 1640.1 feet North of the Southwest corner of said Section I9, running thence North along the centerline of said Olive Road, a distance of 120 feet; thence East 200 feet; thence South ] 20 feet; thence West 200 feet to the place of beginning, containing 0.55 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Also, including: A part of the Northwest quarter of Section 30, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: • Beginning at the Northeast corner of the West half of the Northwest quarter of said Section 30; thence South 445.1 feet; thence West 165 feet thence North 445.1 Feet; thence East 165 feet to the point of beginning, containing 1.69 acres, more or less, and subject to right of way, any covenants, easements and restrictions of record. Also, including: A part ofthe Southeast quarter of Section 18, Township 38 North, Range 2 East, German Township, City of South Bend, St..loseph County, Indiana, more particularly described as follows: Lots Numbered 1, 2 and 3 of Teachers Credit Union Portage Road Minor Subdivision, as recorded under Instnn~nent Number 0150716 in the Office of the Recorder of said County. Also, including: A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, h~diana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER"; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast co«Ier of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast conger of land described in Instrument Number 87 17366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 0 3 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A", North 0 degrees 03 minutes 20 seconds West, a distance of • 292.71 feet to the point of curvature of anon-tangent curve, being the northerly right-of--way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 1 15.25 feet beanng North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right-of--way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 1 19.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 0331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line ofthe west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. Also including: A Part of the Southeast Quarter of the Southwest Quarter of Sec 19, Township 38 North, Range 2 East; a part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, all in German Township, St. Joseph County, Indiana, being more particularly described as follows: Beginning at the Southeast Corner of the Olive Road Commerce Park, Section 2; thence south along the City of South Bend Corporate Limits to the Northeast Corner of Lot 1 of Miller-Owens Minor Subdivision; thence ~~;~est along the North Line of Said Subdivision 660 Feet; thence north parallel to the City of South Bend Corporate Limits to the north right-of--way line of Cleveland Road; thence east along said right-of-way line to a point 340 feet from the City of South Bend Corporate Line, also being the west property line of a parcel owned by Ernest and Bernice Mahler, Tax Key Number 04- 1011-0189; thence north to the City of South Bend Corporate Limits at the south line of the Olive Road Commerce Park Section One Subdivision; thence east along the south line of Olive Road Commerce Park 330?4 feet to the place of beginning. Also including: A part of the Southwest Quarter of the Southwest Quar-[er of Section 17, Township 38 North, Range 2 East, City of South Bend, German Township, St..loseph County, Indiana, being more commonly described as follows: Commencing at a point 1 10 feet East of the Southwest corner of the Southwest Quarter of said Section 17; thence North parallel with the West line of said Section 17, a distance of 200 feet to an iron stake; thence East 1 10 feet to an iron stake; thence South and parallel with the West line of said Section 17, a distance of 200 feet to the South line of said Section 17; thence West and along the South line of said Section 17, 1 10 feet to the place of beginning. Also including: Lot Numbered One (1) on the recorded Plat of Lynn D. Daugherty's Subdivision recorded June 10, 1966 in Plat Book 22, page "D" in the Office of the Recorder of St. Joseph County, Indiana. • Also including: A part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 38 North, Range 2 East, described as beginning 220 feet East of the Southwest corner of said Southwest Quartet; thence North 200 feet; thence East 110 feet; thence South 200 feet; thence West 1 10 feet to the place of beginning, Also including: Part of the Southwest Quarter (1/4) of the Sotithwcst Quarter (1/4) of Section Seventeen (17), Township Thirty-eight (38) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the Southwest corner of said Section 17; running thence East along the South line of said Section a distance of 390 feet for the beginning point of this description; thence North 205 feet along the East line of a reserved street to an iron; thence East 138 feet to an iron; thence South 205 feet to a point 138 feet East of the place of beginning; thence West 138 feet to the place of beginning, being Lot Numbered Two (2) in a Minor Subdivision of Lynn Daugherty, recorded June 10, 1966 in the Office of the Recorder of St. Joseph Cotimty, hidiana, in Plat Book 22, page "D", and a piece of land 5 feet North and South lying North ofthe entire North line of said Lot Numbered Two (2). And also including the following: THAT PART OF THE NORTHWEST DARTER OF SECTION 17 AND THE NORTHEAST Q QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 18, THENCE WEST ALONG THE SOUTH LINE OF SAID NOR~fHI~:AST QUARTER 1186.55 FEET TO THE SOUTHEASTERLI' RIGHT-OF-WAY LINE OF THE U.S. 31 BY-PASS AND TO THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1198.26 FEET; THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 544.85 FEET; THENCE SOUTH 72 DEGREES 23 MINUTES 34 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 63.00 FEET: THENCE NORTH 17 DEGREES 36 MINUTES 26 SECONDS EAST ALONG SAID RIGHT-OF-WAY PROJECTED ACROSS ADAMS ROAD TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ADAMS ROAD, A DISTANCE OF 1 168.65 FEET; THENCE SOUTH 84 DEGREES 29 MINUTES 04 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 865.89 feet; THENCE SOUTH 89 DEGREES SS MINUTES 03 SECONDS EAST ALONG SAID ADAMS ROAD RIGHT-OF-WAY, A DISTANCE OF 191.21 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST, A DISTANCE OF 22.56 FEET TO THE POINT OF NON- • r TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 895.00 FEET, A CENTRAL ANGLE OF 33 DEGREES 29 M[NUTES 06 SECONDS AND A CHORD OF 515.77 FEET BEARING NORTH 46 DEGREES 12 MINUTES 10 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 523.]9 FEET; THENCE SOUTH 29 DEGREES 27 MINUTES 22 SECONDS EAST, A DISTANCE OF 1112.70 FEET TO THE POINT OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 60 DEGREES 29 MINUTES 52 SECONDS AND A CHORD OF 609.55 FEET BEARING SOUTH 59 DEGREES 42 MINUTES 18 SECONDS WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 638.81 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 13 SECONDS EAST, A DISTANCE OF 365.76 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00 DEGREES I4 MINUTES 27 SECONDS EAST ALONG SAID SECTION LINE, A DISTANCE OF 1026.76 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER; TH ENCE NORTH 89 DEGREES 57 MINUTES ] 3 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 2604.21 FEET TO THE WEST QUARTER OF SAID SECTION 17; THENCE NORTH 16 DEGREES 39 MINUTES 31 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1186.55 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 162.185 ACRES, MORE OR LESS a~ ~ci na ~n ~ CrJ tTJ O ~ C~7 C~ U] Ca N w .. a°a -moo ~ m v ~~~ m ~n-a ~ CO r N U~ ~a 0 ~~ ~ m c.s x c-a 0 x v CrJ d a ~+o CI] LTJ z -a d 0 x mm~ U' n~ IV ~ ~ -Y • EXHIBIT D RESOLUTION NO. 2254 AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN LIST OF PROPERTIES TO BE ACQUIRED u Address Property Owners "Tax Key # Description 2 ,464 Adam; Rd Waggoner Dairy Farms. 04-1009-0146 4.408 acres for use as Inc.; Waggoner Farm Right of Way Development L.P.; Iluron Partners I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this docwnent, unl ss requir.~d by law (name). ~9 y1n~~~J~ ~~ii-~'~ A i":'Li~ •