HomeMy WebLinkAboutDesignating Tax Abatement - 105 North Niles Ave. - Niles/ Washington LP f/b/o AM GeneralRESOLUTION
3636-06
Passed by the Common Council of the City of South Bend, Indiana
September 11,
Attest:
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City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 12, 20 06
Approved and signed by me
Sep~enber 12,
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06
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City Clerk
RESOLUTION NO. ~ ~O3 ~ "~ SO
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
105 NORTH NILES AVENUE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN
(8) EIGHT-YEAR REAL PROPERTY
TAX ABATEMENT FOR
NILES/WASHINGTON LP f/b/o AM GENERAL
WHEREAS, a petition for real property tax abatement has been filed with the City
Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that the area commonly known 105 North Niles Avenue, South Bend, Indiana,
and which is more particularly described as follows:
Parcel E3-3 and E3-4U. Apart of Lots Numbered Forty-three (43), Forty-four (44),
Forty-five (45), Forty-six (46), Forty-seven (47) and Forty-eight (48) of the Original Plat
of the Town of Lowell, now a part of the City of South Bend, together with that portion
of the vacated 14-foot alley lying between Lots 45 and 46, said tract being more
particularly described as follows: Beginning at a point 11.00 feet West of the Northeast
corner of Lot 43 in said plat; thence South 00°06'00" West, parallel and 11 feet West of
said West line of Niles Avenues, 409.94 feet to a point on the South line of Lot 48 in said
plat, 11.00 feet West of the Southeast corner thereof; thence North 89°45'24" West,
along said South line, 118.15 feet; thence North 00°04'38" East, 211.66 feet to a point on
the South line of Lot 45 in said Plat; thence South 89°56'31" East, 29.29 feet; thence
North 00°05'44" East. 198.04 feet to a point on the North line of Lot 43 in said Plat;
thence South 89°54'00" East, along said North line, 89.00 feet to the place of beginning.
Also, a parcel of land being a part of Lots 43 through 48 and the adjacent vacated 14-foot
alley all in the Original Town of Lowell, now City of South Bend, Indiana, and being
more particularly described as follows: Beginning at the Northeast Corner of said Lot 43;
thence South 0°06'00" West (bearing assumed) along the West right-of--way line of Niles
Avenue, a measured distance of 409.94 feet to the Southeast Corner of said Lot 48;
thence North 89°45'24" West along the North right-of--way line of Washington Street, a
measured distance of 11.00 feet; thence North 0°06'00" East parallel with said West
right-of--way of Niles Avenue, a measured distance of 409.91 feet to the South right-of-
way line of Colfax Avenue; thence South 89°54'00" East along said South right-of--way,
a measured distance of 11.00 feet to the place of beginning containing 4,509 square feet,
more or less. Subject to any easements, covenants, or restrictions of record.
Parcel E9-11. A parcel of land being Lots 95 and 96 and the East 65 feet of Lot 94 in the
Original Plat to the Town of Lowell, now City of South Bend, Portage Township, St.
Joseph County, Indiana, and being more particularly described as follows: Beginning at
the Southwest corner of said lot 96; thence North 0°00'00" East (bearing assumed) along
the East right-of--way line of Niles Avenue a distance of 131.72 feet to the Northwest
corner of said lot 95; thence North 89°57'00" East along the North line of said lot 95 a
distance of 100.95 feet; thence North 0°04'55" West a distance of 65.92 feet to the North
line of said lot 94; thence North 89°54'56" East along said North line of distance of 65.00
feet to the Northeast corner of said lot; thence South 0°04'56" East along the East line of
said lots a distance of 197.89 feet to the South line of said lot 96; thence North 89°58'41"
West along said South line a distance of 166.14 feet to the place of beginning containing
26,175 square feet (0.601 acres) more or less. Subject to any easements, covenants, or
restrictions of record
and which has Tax Key Numbers 18-5004-0079.01 and 18-5004-0072 at this point and
time, be designated as an Economic Revitalization Area under the provisions of Indiana
Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code § 6-1.1-12.1, et seg., and South Bend Municipal Code Sections 2-76,
et sec ., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for
Real Property Tax Abatement and the Statement of Benefits form completed by the
Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et se ., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
C. That the estimate of the number of individuals who will be employed or
whose employment will be retained by the Petitioner can reasonably be
expected to result from the proposed described redevelopment or
rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be
employed or whose employment will be retained by the Petitioner can be
reasonably expected to result from the proposed redevelopment or
rehabilitation;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment or rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield benefits
identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition
for Real Property Tax Abatement Consideration, the Memorandum of Agreement
between the Petitioner and the City of South Bend, and that the Statement of Benefits
form completed by the petitioner, said form being prescribed by the State Board of
Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-
3.
SECTION IV. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as an Economic Revitalization Area and hereby adopts a Resolution
designating this area as an Economic Revitalization Area for purposes of real property
tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to
two (2) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VI. The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period (8) eight years.
SECTION VII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
j
Member of Common Council
F'r<~~tNfE~ l' l `-~~
NOT APPROVED.
Filed Ir Cs~rk'~ ~Js~sc~
SE° - 1 ~0~6
ADOPTER ~ ~- ~ ~-' ~~"
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06-93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS 105 NORTH NILES AVENUE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8)
EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR
NILES/WASHINGTON LP FOR THE BENEFIT OF AM GENERAL
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Karen L. White
Chairperson