Confirming Tax Abatement - Aucilla Inc. 3333 N. Kenmore (6 Year Real Property)

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RESOLUTION NO. 02 /'V6 - %'Si A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 NORTH KENMORE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR AUCILLA INCORPORATED 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 3333 North Kenmore, South Bend, Indiana, and which is more particularly described as follows: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St. Joseph, Indiana, described as follows: Commencing at the Northeast corner of said Section 28; thence South 89 °48'05' West (the bearing of the south line of the Southeast Quarter of Section 28 is assumed North 90 °00'00" West) a distance of 1345.00 feet along the north line of said Northeast Quarter; thence South 0 °00'23" West a distance of 50.00 feet to the western boundary of Kenmore Street and the point of beginning; thence South 0 °00'23" West a distance of 146.47 feet along said western boundary; thence Southerly along said boundary 297.10 feet along an arc to left having a radius of 1949.86 feet and subtended by a long chord having a bearing of South 4 °21'31" East and a length of 296.77 feet; thence South 89 °48'05' West a distance of 499.31 feet; thence North 0 °02'41" East a distance of 452.50 feet to the South boundary of Cleveland Road; thence North 89 °48'05' East a distance of 466.42 feet along said south boundary; thence South 45 005'46' East a distance of 14.12 feet to the point of beginning, and containing 5.000 acres, more or less. with said real estate having the following Key No. 25- 1010- 038504, 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 1956 -92 on June 22, 1992; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 and its Confirmatory Resolution designating the area described herein as an Economic