The URL can be used to link to this page

Home My WebLink AboutDesignating Tax Abatement - University of Notre Dame DU LAC, and Innovation Park at Notre Dame, IncRESOLUTION 3900-08 Passed by the Common Council of the City of South Bend, Indiana August 25, Attest: zo 8 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 26, 2008 Approved and signed by me August 2 7 , 20 0 8 ~~~-,- ~~u~f~ City Clerk RESOLUTION NO. 3 ~ ~-fig A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. (THE "PETITIONER") 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 within the City of South Bend, Indiana, and which is more particularly described as follows: "Parcel 1: A Parcel of land in the Northwest Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of--way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of this description; thence continuing along said line South 53°08'24" West 58.42 feet; thence South 50°14'48" West, 250.32 feet along said line to the northwesterly boundary of S.R. 23; thence South 52°50'49" West, 338.01 feet along said boundary; thence North 36°50'07" West, 588.23 feet to the south line of a parcel of land designated as parcel number 3 for relocated Edison Road and Twyckenham Drive extension on aRight-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office; thence along the southerly and westerly lines of said parcel number 3 the following 6 courses and distances: 1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00 feet and subtended by a long chord bearing North 56°00'19" East, a distance of 241.52 feet; 2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00 feet and subtended by a long chord bearing North 66°00'50" East, a distance of 583.86 feet; 3) South 58°26'38" East, 68.74 feet; 4) South 00°47'43" West, 10.96 feet; 5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89 feet; 6) South 15°03'52"-East, 139.03 feet to the point of beginning, and containing 9.446 acres more or less. and Parcel 2: A Parcel of land partly in the Northwest Quarter and partly in the Northeast Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of--way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land designated as parcel number 3 for Twyckenham Drive extension and relocated Edison Road on aRight-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of this description; thence along the easterly and northerly lines of said parcel number 3 the following 5 courses and distances: 1) North 15°03'52" West, 80.12 feet; 2) North 09° 12' 15" West, 142.01 feet; 3) North 00°09'24" West, 106.80 feet; 4) North 21 ° 13' 12" East, 64.63 feet; 5) North 89°10'21" East, 182.11 feet to the west boundary of vacated Ivy Road; thence South 00°46'11" East, 250.94 feet along said vacated Ivy Road to the northerly corner of the aforementioned parcel conveyed to the State of Indiana for right-of--way purposes; thence South 31°35'38" West, 27.44 feet along the northwesterly line of said parcel; thence South 53°08'24" West, 188.28 feet along the northwesterly line of said parcel to the point of beginning, and containing 1.490 acres more or less, and which has Key Numbers 17-1017-0406 and 18-5102-3579, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sew., and South Bend Municipal Code Sections 2-76 et se ., 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 sue., and South Bend Municipal Code Sections 2-76, et sec ., 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 and future tenants related to the project 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 and future tenants related to the .project 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, and the Statement of Benefits is hereby approved. 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 ten (10) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the Petitioner is qualified for and is granted property tax deductions for a period often (10) 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. n, Member o he Common Counci PRESENTED g-?iS ~ ~o ~IC3T APPROVED Q~ iapOPTFD D ~~i~~ ~ v Filed Ili Cl~r~'~ ~~~;~~ JOwN VOORD': CITY CI.EtiK, S0. t~E~ID, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, INNOVATION PARK AT NOTRE DAME, INC., ("PETITIONER") 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. Derek Dieter Chairperson, Committee of the Whole