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HomeMy WebLinkAboutDesignating Tax Abatement - Stanz Cheese Co. Inc. D/B/A Stanz Foodservice Inc. Lot 5 in the US 31 Industrial Park Phase II (10 Year Real Property)Attest: RESOLUTION 3449 -05 Passed by the Common Council of the City of South Bend, Indiana April 25, 05 20_. City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 26, 05 20 April 27, 05 Approved and signed by me 20— City Clerk RESOLUTION NO. 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 LOT 5 IN THE U.S. 31 INDUSTRIAL PARK, PHASE II AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ CHEESE CO., INC. D /B /A STANZ FOODSERVICE, INC. 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 as Lot 5 in the U.S. 31 Industrial Park, Phase II, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA: LOT 5, AS SAID LOT IS KNOWN AND DESIGNATED ON THE PRIMARY PLAT OF U.S. 31 INDUSTRIAL PARK, PHASE II, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A I INCH PIPE MARKING THE SOUTHWEST CORNER OF SAID SECTION 17, THENCE SOUTH 89 DEGREES 58'26" EAST, ON THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 1303.60 FEET; THENCE NORTH ZERO DEGREES 12'42" WEST, ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1526.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57'04" WEST, 649.13 FEET TO A 518 INCH BAR AND CAP; NORTHWESTERLY, ALONG A 380.00 FOOT RADIUS CURVE TO THE LEFT, AN ARC LENGTH OF 191.96 FEET (SUBTENDED BY A CHORD BEARING NORTH 23 DEGREES 19' 13" WEST, A DISTANCE OF 189.93 FEET) TO A 5/8 INCH BAR AND CAP; THENCE NORTH 37 DEGREES 47'32" WEST, 103.76 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTHWESTERLY, ALONG A 320.00 RADIUS CURVE TO THE RIGHT, AN ARC LENGTH OF 209.62 FEET TO A 5/8 INCH BAR AND CAP; THENCE NORTH ZERO DEGREES 15'35" WEST, 684.55 FEET TO A 5/8 INCH BAR AND CAP ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 89 DEGREES 57'16" EAST, ON SAID NORTH LINE, 853.92 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH ZERO DEGREES 12'42" EAST, ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 1135.48 FEET TO THE POINT OF BEGINNING. and which has Key Number 25- 1009 - 015209, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et M., and South Bend Municipal Code Sections 2 -76 et seq., 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 sec., and South Bend Municipal Code Sect ions 2 -76, et sue., 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 sue., 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 of ten (10) 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. Member of the Comm n Council FRESLNTED �0- j -O3� NOT APPROVED ADOPTED 'y �k' Z-5 Filed in Clerk's Office -005 dE',i iVolP,OE _-- TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -43 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 LOT 5 IN THE U.S. 31 INDUSTRIAL PARK, PHASE II AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR STANZ CHEESE CO., INC. D /B /A/ STANZ FOODSERVICE, INC. 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. Roland Kelly Chairman