HomeMy WebLinkAboutDesignating Tax Abatement - Dillingham Hill RE LLC 211-213 W. Washington St. (6 Year Real Property)Attest:
RESOLUTION
3365 -04
Passed by the Common Council of the City of South Bend, Indiana
August 9,
04
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City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 10,
Approved and signed by me
August 12,
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City Clerk
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RESOLUTION NO. 3
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
211 -213 WEST WASHINGTON STREET
AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
SIX (6) YEAR REAL PROPERTY
TAX ABATEMENT FOR
DILLINGHAM HILL RE, LLC.
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 211 -213 West Washington Street, South
Bend, Indiana, and which is more particularly described as follows:
The land and all improvements now or hereafter located thereon, located at the
intersection of Washington Street and Main Street in the City of South Bend, County of
St. Joseph, State of Indiana, being more particularly described as follows:
PARCEL I: Lots Numbered Two Hundred Thirty -Nine (239) and Two Hundred Forty
(240) as shown on the Original Plat of the Town, now City of South Bend, Indiana; Also,
a parcel of land to the West of and adjacent to Lots 239 and 240 as shown on the Original
Plat of the Town, now City of South Bend, Indiana, more particularly described as
beginning at the Southwest corner of said Lot 240; thence North along the West line of
said Lots to the Northwest corner of said Lot 239; thence West 14 feet; thence South to a
point 14 feet West of the point of beginning; thence East 14 feet to the point of
beginning.
Together with the appurtenant rights and easements in Parcel II and Parcel III (hereinafter
described) granted under the terms of a certain Easement granted by American National
Bank and Trust Company of South Bend, now Valley American Bank and Trust
Company, to Pak Joint Venture, dated November 3, 1970 and recorded November 6,
1970 in Deed Record 732, Pages 299 and 300, as corrected by a correcting affidavit
recorded November 16, 1970 in Deed Record 732, Page 454 (as to Parcel II) and dated
November 11, 1970 and recorded November 16, 1970 in Deed Record 732, Pages 455
and 456 (as to Parcel III), in the Office of the Recorder of St. Joseph County, Indiana,
and granted, expanded and confirmed by Agreement Confirming Easement from V.B.T.
Realty Corp., an Indiana Corporation, to the Main and Washington Joint Venture dated
January 16, 1984 and recorded April 6, 1984 as Document Number 8406169 in the Office
of the Recorder of St. Joseph County, Indiana, and further granted, expanded and
confirmed by Second Confirmation of Easements between Valley American Bank and
Trust Company and V.B.T. Realy Corp., dated April 6, 1984 and recorded April 6, 1984
as Document Number 8406170 in the Office of the Recorder of St. Joseph County,
Indiana.
EXCEPTING THEREFROM that portion of the easement described as Lot One (1) of the
Valley American Bank Washington Street Minor Subdivision in the City of South Bend,
dated October 10, 1998 and recorded November 20, 1998 as Instrument No. 9860383 in
the Office of the Recorder of St. Joseph County, State of Indiana.
Parcel II and Parcel III are located in the City of South Bend, County of St. Joseph, State
of Indiana, and are more particularly described as follows:
PARCEL II: Beginning at the Southeast corner of Lot Numbered Two Hundred Forty
Three (243) as shown on the Original Plat of the Town, now City of South Bend, Indiana;
thence North, on and along the East line of said Lot 243, 66 feet, more or less, to the
South line of an alley that is 14 feet wide and is known as Columbia Court; thence East,
on and along said South line of said alley, 15 feet to a point; thence South 66 feet, more
or less, to a point on the North line o f Lot 239 in said Original Plat; thence West, on and
along said North line of said Lot 239, 15 feet to the point of beginning.
PARCEL III: Part of Lot Numbered Two Hundred Thirty -Eight (238) as shown on the
original Plat of the Town, now City, of South Bend, Indiana, more particularly described
as follows: Beginning at a point 1.0 feet East of the Southwest corner of said Lot 238;
thence North parallel with the West line of said Lot 238, 12.80 feat; thence East parallel
with the South line of said Lot 238, 7.80 feet; thence South parallel with said West line of
said Lot 238, 7.47 feet; thence East parallel with the South line of said Lot 238, 21.63
feet; thence South parallel with the West line of said Lot 238, 5.33 feet to a point on said
South line of said Lot 238; thence West, on and along said South line of said Lot 238,
29.43 feet to the point of beginning.
PARCEL IV: Lot One (1) of the Valley American Bank Washington Street Minor
Subdivision in the City of South Bend, dated October 19, 1998 and recorded November
20, 1998 as Instrument No. 9860383 in the Records of St. Joseph County, State of
Indiana.
and which has Key Numbers 18- 1008 -0321 and 18- 1012 - 047701, be designated as an
Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea.,
and South Bend Municipal Code Sections 2 -76 et sea., 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 Sections 2 -76,
et sea., 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 seq., 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 set forth as Sections I through II of the Petition for
Real Property Tax Abatement Consideration, the Memorandum of Agreement between
the Petitioner and the City of South Bend, Indiana and that the Statement of Benefits
form 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 six (6) 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.
PRESENTED ?A-0
NOT APPROVED
ADOPTED ¢ -\_Qy
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Member of the Common Council
Flied In Clerk's Office
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -87 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 211 -213 WEST WASHINGTON
STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
SIX (6) YEAR REAL PROPERTY TAXABATEMENT FOR DILLINGHAM HILL
RE. LLC
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.
Sean Coleman
Chairman