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Home My WebLink About4852-20 Designating Vacant Building Tax Abatement for Midwest Family Broadcasting REWMITJON Passed by the Common Council of the City of South Bend, Indiana May 11 , 20 20 Attest: diele, City Clerk Attest President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 11 2o20 d,e1 c) a. ?pc:4_4) City Clerk Approved and signed by me 117 1 20 L' MAY 0 6 2020 BILL NO. 20-11 RESOLUTION NO. 4852-20 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 316 E Monroe Street, South Bend, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR VACANT BUILDING TAX ABATEMENT FOR WSJM-INC WHEREAS, a petition for real property tax abatement consideration 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 316 E Monroe Street, South Bend, IN 46601 and which is more particularly described as: PARCEL VI: A PARCEL OF LAND BEING LOTS FOUR(4), FIVE(5), SIX(6), EIGHT(8), NINE (9), AND TEN (10), AND A VACATED 10-FOOT WIDE ALLEY LYING ADJACENT TO SAID LOT 8, IN GEORGE R. HUDSON'S SUBDIVISION OF PARTS OF LOT 19 AND 20 IN DENNISTON AND FELLOW'S ADDITION, SOUTH BEND, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF MONROE STREET (82.5 FEET WIDE)AND THE WEST RIGHT-OF-WAY IN LINE OF COLUMBIA STREET(66 FEET WIDE), SAID INTERSECTION BEING THE NORTHEAST CORNER OF LOT 4 IN SAID GEORGE R. HUDSON'S SUBDIVISION; THENCE SOUTH 0°00'00" WEST (BEARING ASSUMED) ALONG SAID WEST LINE OF COLUMBIA STREET AND THE EAST LINES OF LOTS 4, 8, 9, AND 10 IN SAID SUBDIVISION, AMEASURED DISTANCE OF 264.76 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE NORTH 89°36'01" WEST, ALONG THE SOUTH LINE OF SAID LOT 10, A MEASURED DISTANCE OF 132.69 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10; THENCE NORTH 0°10'35" WEST, ALONG THE WEST LINES OF SAID LOTS 10, 9, AND 8, AND SAID LINE PROJECTED, A MEASURED DISTANCE OF 150.11 FEET TO A POINT ON THE SOUTH LINE OF LOT 6 IN SAID SUBDIVISION; THENCE NORTH 89°56'26" WEST, ALONG THE SOUTH LINE OF SAID LOT 6, A MEASURED DISTANCE OF 15.86 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; HENCE NORTH 0°19'13" EAST, ALONG THE WEST LINE OF SAID LOT 6, A MEASURED DISTANCE OF 114.13 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE SOUTH 89°50'14" EAST, ALONG THE NORTH LINE OF LOTS 6, 5, AND 4 IN SAID SUBDIVISION AND SAID SOUTH LINE OF MONROE STREET, A MEASURED DISTANCE OF 148.37 FEET TO THE POINT OF BEGINNING. THE RECORD DESCRIPTION DESCRIBED ABOVE IS THE SAME AS THE MODERNIZED DESCRIPTION IN A SURVEY PREPARED BY MICHAEL E. BRUNNER, P.E., P.S., INDIANA #LS8086003, DATED DECEMBER, 2007; SAID MODERNIZED DESCRIPTION IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING PART OF LOTS 19 AND 20 OF DENNISTON AND FELLOWS ADDITION TO THE CITY OF SOUTH BEND, ALL OF LOTS 4, 5, 6, 7, 8, 9 AND 10 OF GEORGE R. HUDSON'S SUBDIVISION OF PART OF LOTS 19 AND 20 OF DENNISTON AND FELLOW ADDITION TO THE CITY OF SOUTH BEND, ALL OF THE ALLEY VACATED BY VACATION RESOLUTION 48 AND RECORDED IN MISCELLANEOUS RECORD R, PAGES 116 AND 117, AND ALL OF THE ALLEY VACATED BY ORDINANCE NO. 73284 AND RECORDED AS DOCUMENT #8411078, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 5/8" DIAMETER IRON PIN WITH A PLASTIC CAP (SURVEYOR - HARNER NO. 910032) AT THE INTERSECTION OF THE SOUTH LINE OF MONROE STREET WITH THE EAST LINE OF CARROLL STREET, AND THE NORTHWEST CORNER OF SAID LOT 19; THENCE ALONG THE SOUTH LINE OF MONROE STREET AND THE NORTH LINE OF SAID LOTS 4, 5, 6, 7 AND 19, PASSING A FOUND CROSS NOTCH AT 126.33 FEET, SOUTH 89 DEGREES 57 MINUTES 35 SECONDS EAST, 274.48 FEET (RECORD - EAST 121.10 FEET, EAST 5.10 FEET; AND SOUTH 89 DEGREES 50 MINUTES 14 SECONDS EAST, 148.37 FEET) TO A FOUND 5/8" DIAMETER IRON PIN WITH A PLASTIC CAP (SURVEYOR- HARNER NO. 910032)AT THE INTERSECTION OF THE SOUTH LINE OF MONROE STREET WITH THE WEST LINE OF COLUMBIA STREET, AND THE NORTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE WEST LINE OF COLUMBIA STREET AND THE EAST LINE OF SAID LOTS 4, 8, 9, AND 10 SOUTH 00 DEGREES 10 MINUTES 03 SECONDS EAST, 264.80 FEET(RECORD-SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 264.76 FEET)TO A FOUND 5/8" DIAMETER IRON PIN WITH A PLASTIC CAP (SURVEYOR - HARNER NO. 910032) AT THE SOUTHEAST CORNER OF SAID LOT 10, A POINT IN THE SOUTH LINE OF SAID LOT 20, AND THE INTERSECTION OF THE WEST LINE OF COLUMBIA STREET WITH THE NORTH LINE OF AN 11'WIDE ALLEY;THENCE ALONG THE SOUTH LINE OF SAID LOTS 10 AND 20, AND THE NORTH LINE OF SAID ALLEY, PASSING A FOUND 3/4" DIAMETER IRON PIPE AT 142.74 FEET, SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 275.26 FEET (RECORD - NORTH 89 DEGREES 36 MINUTES 01 SECONDS WEST, 132.69 FEET; WEST 10.20 FEET; AND WEST 132.00 FEET)TO A SET CROSS NOTCH AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 20 AND THE NORTH LINE OF SAID ALLEY WITH THE EAST LINE OF CARROLL STREET; THENCE ALONG THE EAST LINE OF CARROLL STREET, NORTH 00 DEGREES 00 MINUTES 11 SECONDS EAST, 264.99 FEET (RECORD - NORTH 264.00 FEET) TO THE BEGINNING. CONTAINING 1.6715 ACRES, MORE OR LESS. and which has Key Numbers 018-3092-3518 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 seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment 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 seq., 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 Investment Committee of the Common Council has reviewed 2 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, Sections 1 through 3 of the Petition for Vacant Building 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 Investment 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. 3 SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) 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 vacant building property tax deduction for a period of five(5)years outlined below as well as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 100% Year 4 - 100% Year 5 - 100% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for a Vacant Building 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. Tim Scott, President South Bend Common Council 4