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HomeMy WebLinkAboutConfirming Tax Abatement - South Bend Tribune Corp. 213 & 225 W. Colfax Ave. (5 Year Personal Property)Attest RESOLUTION NO. 2389 -96 Passed by the Common Council of the City of South Bend, Indiana July 22, Clerk Attrst:� r` President of Common Council. Presented by me to the Mayor of the City of South Bend. Indiana July 23, 96 19 Approved and signed by me Clerk Mayor RESOLUTION NO. D — q6 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 & 225 WEST COLFAX AVENUE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND TRIBUNE CORP. 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 213 & 225 West Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of Lots Numbered Two Hundred Twenty-six (226), Two Hundred Twenty-seven (227) and Two Hundred Twenty-eight (228) as shown on the Original Plat of the Town, now City of South Bend, as recorded in the records of St. Joseph County, which is described as: Beginning at the Southwest corner of said Lot 228; thence North along the West line of Lots 226, 227 and 228 in said plat 198.00 feet to the Northwest corner of said Lot 226; thence East along the North line of said Lot 226, 100.00 feet; thence South 139.90 feet; thence West 44.80 feet; thence South 8.0 feet; thence West 17.00 feet; thence South 50.10 feet to the North line of Colfax Avenue; thence West along said line and the South line of Lot 228, 38.20 feet to the point of beginning. Commonly known as 213 West Colfax. The east and west alley north of Colfax Avenue and south of LaSalle Avenue running east from Lafayette Boulevard for a distance of 166 feet to the west side of an alley running north and south between Colfax Avenue and LaSalle Avenue in the City of South Bend, Indiana and being that alley located between Lots 231 and 232 as shown on the recorded Plat of the Town, now City of South Bend, St. Joseph County, Indiana. PARCEL 1 A part of Lot Number 234 in the Original Plat of the Town, now City of South Bend, bounded by a line running as follows, viz: Beginning at the Northwest corner of said Lot, thence running east on the North line thereof 165 feet; thence South 50 feet; thence West on a line parallel with the North line of said lot to the West line of said Lot, 165 feet; thence North on said west line 50 feet to the place of beginning, being 50 feet front on North Lafayette Street by 165 feet deep along West Water Street (now LaSalle Street). ALSO, a part of Lots 233 and 234 in the Original Plat of South Bend, bounded as follows: commencing 50 feet South of the Northwest corner of said Lot 234; thence South on the East line of Lafayette Street 62 feet, more or less; thence East 165 feet to the East line of said Lot 233; thence North 62 feet, more or less, to a point 50 feet South of the Northeast corner of said Lot 234; thence West to the place of beginning. Twenty -one (21) feet off the entire South side of Lot Numbered Two Hundred Thirty -three (233) as shown on the Original Plat of the Town, now City, of South Bend, in St. Joseph County, in the State of Indiana. Lot Numbered Two Hundred Thirty -two (232) as shown on the Original Plat of the Town, now City of South Bend, Indiana. Parcel No. 1. Lots Numbered Two Hundred Twenty-Nine (229), Two Hundred Thirty (230) and Two Hundred Thirty -One (231) as shown on the Original Plat of the Town, now City of South Bend; Parcel No. 2. Lot Numbered Fifteen (15) as shown on the recorded Plat of Bulla and Patton's Addition to the City of South Bend; Parcel No. 3. A parcel of land in the North half of Section 14, Township 37 North, Range 2 East in the City of South Bend, in the County of St. Joseph, in the State of Indiana, more particularly described as follows: Beginning at the intersection of the North line of the South Bend, St. Joseph and Southern Railroad right -of -way with the Westerly line of Prairie Avenue; thence West along said North right -of -way line of railroad, 600.00 feet; thence North perpendicular to said North right -of -way line of railroad, 50.00 feet; thence Northeasterly 325.46 feet to the Southwesterly corner of a tract of land conveyed to the Indiana Bell Telephone Company, Inc. by the Indiana National Bank of Indianapolis by virtue of a quit claim deed dated July 14, 1965, and recorded July 21, 1965, in Deed Record 665, Pages 463 -465, in the Office of the Recorder of St. Joseph County, Indiana; thence Southeasterly along the Southerly line of said Indiana Bell Telephone Company, Inc. tract of land, 383.18 feet to the Southeasterly comer of said Indiana Bell Telephone Company tract, also being the Westerly line of Prairie Avenue; thence Southwesterly along said Westerly line of Prairie Avenue, 53.23 feet to the place of beginning, and containing 1.89217 acres; with said real estate having the following Key Nos. 18- 1008 - 029701 for 213 West Colfax Colfax Avenue 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 1935 -92 on April 28, 1992; and WHEREAS, completion of the project has exceeded the two (2) year period prescribed for the tax abatement by the original Declaratory Resolution and Confirmatory Resolution; and -2- WHEREAS, the Petitioner has proceeded in good faith to complete the project and has provided those benefits which served as the basis for the original grant of abatement by the City; and WHEREAS, Petitioner has just recently been made aware of the date of completion of the project, and not the date on the property is physically within the Economic Revitalization Area will determine the availability of tax abatement; and WHEREAS, Indiana Code § 6 -1.1- 12.1 -11.3 permits the Common Council to grant the relief requested by Petitioner; and WHEREAS, the Petitioner has requested an additional period of time to complete installation of the equipment. 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 and its Confirmatory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of property tax abatement. Such designation is for personal property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Confirmatory Resolution by the Common Council, covering all new manufacturing equipment installed within the declared Economic Revitalization Area on or before April 28, 1995. SECTION R. The Common Council hereby waives compliance with the requirements of Indiana Code § 6 -1.1- 12.1 -1 et seq., as permitted by Indiana Code § 6 -1.1- 12.1 -11.3, to the extent necessary to give affect to this Resolution. Without limiting the general scope of this waiver, the Common Council hereby approves the amended Form SB -1 Statement of Benefits attached hereto as Exhibit A, and specifically waives the Petitioner's failure to submit said Statement of Benefits to the Common Council before the installation of new manufacturing equipment, in accordance with Indiana Code § 6 -1.1- 12.1- 11.3(a)(2). SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deductions for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code § 6 -1.1- 12.1 -1 et seq. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council EIS 93074 -3- PRESENTED NOT APPROVED ADOPTED 7, �- 2 —q6 Filed in Clerk's Office MAY 2 8 1996 LORETTAd. DUDA MY OLEIK BO. BEND. IN.