HomeMy WebLinkAboutConfirming Tax Abatement - Steel Warehouse Company, Inc., A & F Realty, Nathan Lerman Trust, Allan & Frances Lerman, JH Jones LLC 2722 W. Tucker Dr. (5 Year Real Property)Attes
RESOLUTION
3381 -04
Passed by the Common Council of the City of South Bend, Indiana
September 27, 20 04
Presented by me to the Mayor of the City of South Bend, Indiana
September 28, 20 04
City Clerk
dent of Common Council
Approved and signed by me September 30, 2004 .
M
City Clerk
M.
RESOLUTION NO. 33M-Oj
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
2722 W. TUCKER DRIVE
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5 ) YEAR REAL PROPERTY TAX ABATEMENT FOR
STEEL WAREHOUSE COMPANY, INC., A &F REALTY, NATHAN
LERMAN TRUST, ALLAN AND FRANCES LERMAN, JH JONES LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory
Resolution designating certain areas within the City as Economic Revitalization Areas for the
purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 2722 W. Tucker
Drive, South Bend, Indiana, and which is more particularly described as follows:
A parcel of land being 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, and being more
particularly described as follows:
A part of the South of the Northwest 1/4 of Section 15, Township 37 North, Range 2 East in the
City of South Bend, St. Joseph County, Indiana, described as follows:
Beginning at a point on the East line of the Southwest 1/4 of the Northwest 1/4 of said Section
15, 580.64 feet South of the Northeast corner of said Southwest 1/4 of the Northwest 1/4, said
point being 172.0 feet North of the North right of way line of the Indiana Northern Railway
Company; thence Westerly parallel with said North right -of -way line 565 feet to the Southwest
corner of a tract of land conveyed to Stanley Enterprises, Inc. By a deed recorded October 16 ,
1993 in Deed Record 777, page 226; thence North along the West line of said Stanley
Enterprises, Inc. tract, said line being parallel with the East line of said Southwest 1/4 of the
Northwest 1/4, 323.0 feet to the South line of Tucker Drive; thence West along the South line of
Tucker Drive 215.93 feet; thence South parallel with said East line of the Southwest 1/4 of the
Northwest 1/4, 495.90 feet to the North right -of -way line of the Indiana Northern Railway
Company; thence Easterly along said North right -of -way line, 860.23 feet to the West edge of
Steel Warehouse Co. Inc.s building; thence North along said West edge of building, 172.0 feet;
thence Westerly parallel with the North right -of -way line of the Indiana Northern Railway
Company, 79.3 feet to the point of beginning, containing 5.0 acres, more or less.
A part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37 North,
Range 2 East in the City of South Bend, Indiana, more particularly described as follows:
Beginning at a point 260 feet South and 25 feet West of the Northeast corner of said Southwest
Quarter of the Northwest Quarter; thence West 540 feet; thence South parallel with the East line
of said Southwest Quarter of the Northwest Quarter, 324.25 feet to a point 172 feet North of the
North line of the right -of -way of the Indiana Northern Railway Company; thence East parallel
with said North line of said right -of -way, 540 feet; thence North parallel with the East line of
said Southwest Quarter of the Northwest Quarter, 320.75 feet to the place of beginning.
A tract of land in the West Half (1/2) of the Northwest Quarter (1/4) of Section Fifteen (15),
Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of
South Bend, St. Joseph County, Indiana, more particularly described as follows:
Beginning at the center of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South
along the Northern and South center line of said Quarter Section Two Hundred Twenty (220)
feet to the North line of Tucker Drive; thence West along said North line to the West line of said
Section Fifteen (15); thence North along said West line One Hundred Twenty -eight and One
Tenth (128.1) feet, more or less, to a line Two Hundred Fifty (250) feet by rectangular
measurement Southeasterly from said original centerline of the New York Central Railroad right -
of -way; thence Northeasterly parallel to the Two Hundred Fifty (250) feet by rectangular
measurement Southeasterly from said original centerline of the New York Central Railroad right -
of -way, Seven Hundred Twenty -seven and One One - Hundredth (727.01) feet, more or less, to a
point on the East line of the Southwest Quarter (1/4) of the Northwest Quarter (1/4) of the
Northwest Quarter (1/4) of Section Fifteen (15); thence Southerly along said East line One
Hundred Ninety -nine and Eighty -six Hundredths (199.86) feet, more or less, to the South line of
the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15); thence East
along said South line Six Hundred Sixty -three and Fifty -two hundredths (663.52) feet, more or
less, to the place of beginning, excepting Thirty (30) feet off the East side thereof for purposes of
a public highway.
A lot or parcel of land situated in the Northwest Quarter of Section 15, Township 37 North,
Range 2 East, now within and a part of the City of South Bend, bounded by a line running as
follows, to -wit: Beginning at a point on the North line of the Southeast Quarter of the Northwest
Quarter of said Section 15, 600 feet West of the Northeast corner of the Southeast Quarter of the
Northwest Quarter of said Section 15; thence running West along said North line a distance of
725.8 feet to the Northwest corner of said Southeast Quarter of said Northwest Quarter; thence
South a distance of 220 feet, more or less, to the North line of a 40 foot road known as Tucker
Drive; thence East along the North line of said roadway to a point due South of the place of
beginning; thence North to the place of beginning. Together with and subject to an easement
over the 40 foot roadway lying immediately South of the above described real estate known as
Tucker Drive, and extending Eastward to Olive Street.
Part of the Southeast Quarter (1/4) of the Northwest Quarter (1/4) of Section Fifteen (15),
Township Thirty -seven (37) North, Range Two (2) East, now within and a part of the City of
South Bend, described as beginning at a point 260 feet South of the Northwest corner of the
Southeast Quarter (1/4) of the Northwest Quarter (1/4) of said Section Fifteen (15); thence South
492.9 feet to the North line of the right -of -way of the Indiana Northern Railroad; thence East
along the said North line of the right -of -way of the Indiana Northern Railroad 305 feet; thence
North 492.9 feet; thence West 305 feet to the place of beginning.
Together with a right -of -way over a 40 foot roadway North of and adjoining the aforedescribed
tract, and continuing Easterly to Olive Street, which said 40 foot roadway is now commonly
known as Tucker Drive in said City of South Bend.
The East Half of the South East Quarter of the North East Quarter of Section No. 16, Township
No. 37 North, Range No.2 East, containing 20 acres, more or less, and being Lot No. 16 in the
Sub - division of said Section No. 16, and now within a part of the City of South Bend, excepting
there from the following:
The original right -of -way across, the North West comer heretofore conveyed by Joseph B.
Arnold, to the Indiana Illinois, and Iowa Railway Company by Warranty Deed dated August 21,
1894, and recorded in Deed Record 95, page 553, of the records of St. Joseph County, Indiana;
and excepting second the following: Beginning at a point on the West line of said Lot Numbered
16, where the same is intersected by the South Easterly line of said original right -of -way, thence
running South on the west line of Lot Numbered 16, 219 feet, more or less, to a point distant 250
feet by rectangular measurement from the original center line of said right -of -way; thence North
Easterly parallel with and 250 feet distant by rectangular measurement from the original center
line of said right -of -way a distance of 733.3 feet, more or less, to a point on the East line of said
Section No. 16, thence North on said East line, a distance of 105.5 feet, more or less, to the
North East corner of said Lot No. 16; thence West along the North line of said Lot No. 16,
thence North on said East line, a distance of 105.5 feet, more or less, to the North East corner of
said Lot No. 16; thence West along the North line of said Lot No. 16, a distance of 254.5 feet,
more or less, to the intersection with the said Easterly line of said original right -of -way; thence
South Westerly with said Easterly line a distance of 454.5 feet, more or less, to the place of
beginning, containing 3.04 acres, more or less; excepting third, all that part of said Lot No. 16
which lies South of the North line of the right -of -way of the St. Joseph, South Bend and
Southern Railroad Company, excepting fourth, a strip of land 70 feet wide North and South lying
next north of and adjoining the right -of -way of the St. Joseph, South Bend and Southern Railroad
Company; excepting further that a strip of 40 feet in width, North and South, and being a
extension of Tucker Drive, shall be established through the Northerly part of said tract and
dedicated to the public as a highway, which said extension shall extend to the right -of -way of the
New York Central Railroad Company.
All that part of the Southwest Quarter of the Northwest Quarter of Section 15, Township 37
North, Range 2 East, described as follows: Beginning at a point 260 feet South and 330 feet
West of the Northeast corner of the said Southwest Quarter of the Northwest Quarter; thence
West 996.08 feet to the West line of said section; thence South 498.35 feet to the North line of
the right -of -way of the Indiana Northern Railway Company; thence Easterly along the said
Northerly line of said Indiana Northern Railway Company a distance of 996.08 feet, more or
less, to a point on the Northerly line of the said Indiana Northern Railway Company South of the
place of beginning; thence North to the place of beginning.
Beginning in the center line of Olive Street in said City at a point Seven Hundred Eighteen and
twenty -five hundredths (718.25) feet South of the North line of said Section No. 15, said point of
beginning being on the Southerly line of a strip of land Fifty (50) feet wide reserved for the right
of way of the Indiana Northern Railroad Company thence running South on the center line of
Olive Street, a distance of Six Hundred Eight and fifteen- hundredths (608.15) feet to the South
east corner of said North East quarter of the North West quarter of Section No. 15; thence
running West on said South line, a distance of Thirteen Hundred twenty -seven (1327) feet to the
West line of said quarter quarter Section, thence North on said West line, a distance of Four
Hundred Ninety -three and four hundredths (493.04) feet to the Southerly line of said parcel
deeded by said Grantors to the New York central Railway Company; thence North Easterly
along the Southerly line of said last named parcel to a point on the South line or the right of way
of the Indiana Northern Railroad Company due West of the place of beginning; thence East ten
hundred Fifty -seven and Thirteen hundredths (1057.13) feet, more or less, to the place of
beginning, and containing Seventeen and seven hundred Sixty -one thousandths (17.761) acres,
exclusive of Olive Street.
All that part of the East Half of the North West Quarter of the North West Quarter of Section No.
15, Township No. 37 North, Range No. 2 East, that lies South of the right -of -way of the Indiana,
Illinois, and Iowa Railroad Company (now New York Central Railroad), now within and a part
of the City of South Bend; excepting there from a lot or parcel of land bounded as follows:
Beginning at the intersection of the South Easterly line of said right -of -way and the East line of
the East Half of the Northwest Quarter of the North West Quarter of said Section No. 15, thence
running South Westerly along the South Easterly line of said right -of -way to the West line of the
East Half of the North West Quarter of the North West Quarter of said Section; thence running
South 219 feet, more or less, to a point; thence North Easterly parallel with and 219 feet South of
the Southerly line of said right -of -way to the East line of the East Half of the North West Quarter
of the North West Quarter of said Section No. 15; thence North 219 feet, more or less, to the
place of beginning.
and which has Key Numbers 18- 8075 -2838, 18- 8075 -2839, 18- 8075 -2843, 18- 8075- 2844.03,
18- 8075- 2844.04,18- 8075- 2844.06,18- 8075- 2845.O1,and 18- 8075- 2845.02
as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the
Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and
objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic revitalization
area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to two (2) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition, the Memorandum of Agreement between the Petitioner and the City of South
Bend and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of
the City of South Bend and Indiana Code 6- 1.1 -12 et sue.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
g:
Member of the Common touncil
PRESENTED
NOT APPROVED
ADOPTED
Filed In Clerk's Office
SEP - 7 2004
K