HomeMy WebLinkAboutConfirming Tax Abatement - Dillingham Hill RE LLC. 211-213 W. Washington St. (6 Year Real Property)Attest:
RESOLUTION
3367 -04
Passed by the Common Council of the City of South Bend, Indiana
August 23,
20 04 .
City Clerk
Vice
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 24, 20 04
Approved and signed by me August 25, 20 04
/(PLC
City Clerk
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION 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, 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 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 comer 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 feet; 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 Number 18- 1008 -0321 and 18 -1012- 047701, 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.
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
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of six (6) years, and
further determines that the petition, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
601.1 -12 et seq.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
PRESENTED g - Z3 -"
NOT APPROVED
ADOPTED 0 _Z3 -ay
Member of the Common Coun it
Filed In Clerk's Office
M.