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Home My WebLink AboutDesignating Tax Abatement - 211 N. Eddy Street - The South Bend Clinic, LLP, South Bend Mac, L.P. & Eddy Property Development, LLCRESOLUTION 3704-07 Passed by the Common Council of the City of South Bend, Indiana February 12, Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 13, 20 07 Approved and signed by me February 13 ~'G.! 20 ~ ~ _ " City Clerk 20 07 RESOLUTION NO. l 0~- 0 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 N. EDDY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC, LLP, SOUTH BEND MAC, L.P. & EDDY PROPERTY DEVELOPMENT, 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 N. Eddy Street, South Bend, Indiana, and which is more particularly described as follows: _ PARCEL I: Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, Portage Township, City of South Bend, St. Joseph County, Indiana, and described as Lots 1 through 14, all inclusive, as shown on the recorded Plat of Christiana Hall's Subdivision, together with 14.00 feet vacated alley lying North/South and East/West as shown on the drawing, more particularly described as follows: Beginning at the intersection of the North right-of--way line of Colfax Avenue (IJ.S. Highway 20) with West right-of--way line of Eddy Street, said point being identified by a cross cut in the sidewalk; thence North 89°54'32" West (bearing assumed) along the North right-of--way line of Colfax Avenue 388.50 feet (platted 387.00 feet) to a point at the intersection of the North right-of--way line of Colfax Avenue with the East right-of--way line of Frances Street; thence North 00°00'00" East along the East right-of--way line of Frances Street, 410.00 feet to the intersection of the South right-of--way line of LaSalle Avenue with the East right-of--way line of Frances Street; thence South 89°54'32" East along the South right-of--way line of LaSalle Avenue, 388.50 feet (platted 387.00 feet) to the intersection of the South right-of--way line of LaSalle Avenue with the West right-of--way line of Eddy Street;` thence South 00°00'00" East along the West right-of--way line of Eddy Street, 410.00 feet to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING: Apart of Lot 10 in Christiana Hall's Subdivision of Large Lot or Block 15 in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and part of the City of South Bend, Indiana, the plat of which is recorded in Plat Book 2, page 66, in the Office of the Recorder of St. Joseph, Indiana, described as follows: Beginning at the Northeast corner of said Lot 10; thence South 0°06'00" West 20.00 feet along the East line of said Lot 10; thence North 36°46'12" West 25.00 feet to the North line of said Lot 10; thence South 89°54'00" East 15.00 feet along said North line to the point of beginning. PARCEL II: Apart of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the Second Principal Meridian, City of South Bend, Portage Township, St. Joseph County, Indiana, and described as follows: A part of Lot Fourteen (14) in Cottrell's First Addition to the City of South Bend, Indiana, as recorded under Plat Book 1, page 49, dated Apri128, 1854, at the Office of the Recorder, St. Joseph County, Indiana, and described as follows: Beginning at a point 138.00 feet North of the Southeast corner of said Lot 14, said Southeast corner of Lot 14 being at the intersection of the North right-of--way line of Colfax Avenue with the Westerly right-of--way line of Frances Street; thence North 89°54'32" West (bearing assumed), 92.00 feet; thence North 00°00'00" East, 60.00 feet; thence South 89°54'32" East 92.00 feet; thence South 00°00'00" East, 60.00 feet to the point of beginning, TOGETHER WITH the North Half of the vacated alley lying South and adjacent to the parcel described above, and also TOGETHER WITH a part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana, and described as follows: Beginning at the Southeast corner of said Lot 14, said point being at the Intersection of the North right-of--way line of Colfax Avenue with the West right-of--way line of Frances Street; thence North 89°54'32" West, 165.00 feet; thence North 00°00'00" East, 128.00 feet; thence South 89°54'32" East, 165.00 feet; thence South 00°00'00" East, 128.00 feet to the point of beginning, TOGETHER WITH the South Half of the vacated alley lying North and adjacent to the second parcel described above; and which has Key Numbers 18-5017- 0494, 18-5016-056101, 18-5016-056102, 18- 5016-0563, 18-5016-0564 and 18-5016-0566, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seg., 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 seq., and South Bend Municipal Code Sections 2-76, et seg., 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 sec ., 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, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and 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 ~ 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 three (3) 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 o Common Council r'~sStNTED ~~~Z ~1 NOT APPROVED ADOPTED. 'L -~"L -o Flied nl Clerk's Office F EB 1 ?_ 2007 ,lD;it, VpDRDE CfTY CLEi,K, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-30 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 NORTH EDDY STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (3) THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC 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. Karen L. White Chairperson