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HomeMy WebLinkAboutDesignating Tax Abatement - Eaton Corp 2930 Foundation Dr. (Personal Property)Attest RESOLUTION NO. 2703 -99 Passed by the Common Council of the City of South Bend, Indiana January 11, 19 99 . A Ise. r Pres Presented by me to the Mayor of the City of South Bend, January 12, 19 99 . Clerk of Common Council. City Clerk Approved and signed by me January 15, _ 1999 _ Mayor RESOLUTION N0. �2 D3' 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 2930 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR EATON CORPORATION WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for considerationby the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2930 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A description of 8.2895 acres of land in the North Half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said 8.2895 acre tract being part of a certain 12.00 acre tract described in Deed Book 593, page 47 of the deed records of said St. Joseph County, said 8.2895 acre tract being more particularly described as follows: Commencing at a PK nail with disc set at the North Quarter corner of said Section 28; thence along the Northerly line of said North Half of Section 28, being also the North line of said 12.00 acre tract, North 89 °58'54" West a distance of 165.00 feet to a PK nail set for the Northwest corner of said 12.00 acre tract; thence along the Westerly line of said 12.00 acre tract, South 00 °14'02" West a distance of 785.23 feet to an iron bar set at the pint of beginning of the 8.2895 acre tract herein described; thence continuing along the said Westerly line, South 00 °14'02" West a distance of 973.35 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract being also the Southwest corner of the said 8.2895 tract herein described; thence along the Southerly line of said 12.00 acre tract, South 89 °53'27" East a distance of 371.17 feet to a 3/4" iron pipe found at the Southeast corner of said 12.00 acre tract, being also the Southeast corner of the 8.2895 acre tract herein described; thence along the Easterly line of said 12.00 acre tract, North 00 °12'22" East a distance of 973.60 feet to a 1" iron pipe found at a corner of said 12.00 acre tract, being also the Southeast corner of a certain tract of land described in recorded Document No. 9016462; thence along a line of said 12.00 acre tract, being also the Southerly line of said recorded Document No. 9016462, North 89 °55'50" West a distance of 370.70 feet to the point of beginning. PARCEL II: A description of a portion of the North half of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, said portion being more particularly described as follows: Commencing at the North Quarter corner of said Section 28, being a PK nail and disc marked "50307 "; thence along the North line of said Section 28, North 89 °58'54" West, a distance of 165.00 feet to a PK nail and disc set marked "S03O7 ", thence along the Westerly line of a certain 12.00 acre tract of land described in Deed Book 593, page 47 on File and of record in the Office of the Recorder of St. Joseph County, Indiana, South 00 °14'02" West, a distance of 1758.58 feet to a 1 1/4" iron pipe found for the Southwest corner of said 12.00 acre tract of land and the point of beginning of said portion herein describe; thence continuing along the Southerly extension of said Westerly line, South 00 °14'02" West, a distance of 20.64 feet to an iron bar set, market "SO3O7 ", in the northerly Right of Way line of proposed foundation drive extension as shown on the plat of Airport Industrial Park, Phase III and IV and recorded as Document No. 7806496; thence along said Northerly right of way line, North 89 °44'58" East a distance of 35.92 feet to a 1/2" iron bar found for the Northwesterly corner of a certain tract of land described in recorded Document No. 8822679; thence along the North 89 °57'43 East a distance of 335.26 feet to an iron bar set; thence along the Southerly extension of the Easterly line of said 12.00 acre tract of land, North 00 °12'22" East, a distance of 19.56 feet to a 3/4" iron pipe found at the Southeast corner of said 12.00 acre tract of land; thence along the Southerly line of said 12.00 acre tract of land, being also the Northerly line of said Portion herein described, North 89 °53'27" West, 371.17 feet to the point of beginning. and which has Key Number 25 - 1010 - 038401 1 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sec., and WHEREAS, the Department of 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 ee ., 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 pursuant to Indiana Code 6.1.1- 12.1 -4.5 et seq., that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type: (b) that the estimate of the number or whose employment will be retained expected to result from the proposed equipment; of individuals that will be employed by the Petitioner can be reasonably installation of new manufacturing (c) that the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration 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 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED I- I1,9 q NOT APPROVED �` ADOPTED /- II - l l (] Member of the Common Council Filed in Clerk's Office JAN 6 - 1929 1.011 AJ. DUDA CRYOLERK, BO. BEND, IN