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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 20_. 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, 20 04 t e -� 20 04 . City Clerk 0 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 ;� Member of the Common Council Flied In Clerk's Office AUSr4= 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