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HomeMy WebLinkAboutConfirming Tax Abatement - University Commons Joint Venture 4401 Western Ave. (3 Year Real Property)RESOLUTION NO. 2147 -94 Passed by the Common Council of the City of South Bend, Indiana, June 27, Iq ;94 Attest: 71 *. 1 City Clerk Attest Presented by me to the Mayor of the City of South Bend, Indiana June 28, 94 19 of Common Council. City Clerk Approved and signed by me 61ag 19 w_ Mayor RESOLUTION NO.,9 ' 741 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4401 WESTERN AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE YEAR REAL PROPERTY TAX ABATEMENT FOR UNIVERSITY COMMONS JOINT VENTURE 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 4401 Western Avenue, South Bend, Indiana, and which is more particularly described as follows: PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, INDIANA, DESCRIBED AS PART OF BLOCKS 'B" & "F" AS SHOWN ON THE RECORDED PLAT OF GARDEN VILLAGE 2ND UNIT AND A PART OF BLOCKS LETTERED "X& 'B" AS SHOWN ON THE RECORDED PLAT OF GARDEN VILLAGE 3RD UNIT. THE PARCEL IS MORE PARTICULARLY DESCRIBED AS: Beginning at a point on the East line of Lombardy Drive, 150 feet North of the Southwest corner of said Block Lettered 'B'; thence North along said East line of Lombardy Drive, 392.15 feet to a point 210 feet North of the Southwest corner of said Block Lettered "A "; thence East parallel with the South line of said Block Lettered "A ", 583.93 feet to the Westerly line of the recorded Plat of part of Block "F" in Garden Village 2nd Unit and part of Block "A" in Garden Village 3rd Unit, an Addition to the City of South Bend; thence Southeasterly along said Westerly line of recorded plat 125.09 feet to a point; thence continuing Southeasterly along said Westerly line of recorded plat, 199.86 feet to the Southeasterly corner of Lot 523 as shown on said recorded plat of part of Block "F" and Block "A'; thence East along the North line of said Block Lettered "E ", 105.44 feet; thence Northeasterly along a line perpendicular to the Westerly line of Villageway, 56.53 feet to the Westerly line of Villageway; thence Southeasterly along said Westerly line of Villageway, 70 feet to the point of tangency of curve; thence continuing Southeasterly along said curved Westerly line of Villageway, 202.48 feet arc measurement to the Northeast corner of a tract of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a warranty deed dated June 20, 1969 and recorded July 1, 1969 in Deed Record 716, page 65, in the Office of the Recorder of St. Joseph County, Indiana; thence West along the North line of said Waggoner tract, 210.93 feet; thence south along the West line of said Waggoner tract, 168 feet to the North line of Western Avenue; thence West along said North line of Western Avenue 231.57 feet to the West line of said Block Lettered "E'; thence North along said West line of Block Lettered "E ", 2.65 feet to the Southeast corner of said Block Lettered "B"; thence Westerly along the Northerly line of Western Avenue, 543.29 feet to a point 150.01 feet Easterly of the Southwest corner of said Block Lettered "B "; thence North parallel with the West line of said Block Lettered 'B ", 151.16 feet; thence West parallel with the North line of said Block Lettered "B ", 150 feet to the place of beginning. PARCEL II: A part of Block Lettered "E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, described as beginning at the Northwest intersection of Village Way and Western Avenue; thence West along the North line of Western Avenue 125 feet; thence North on a line parallel with the West line of Village Way (the 69.85 foot tangent running North from Western Avenue) 125 feet; thence East on the line parallel with the North line of Western Avenue 120.62 feet to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the place of beginning. PARCEL III: A part of Block Lettered 'E" as shown on the recorded Plat of Garden Village 2nd Unit Addition to the City of South Bend, Indiana, more particularly described as follows: Commencing at a point on the North line of Western Avenue, 225 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a warranty deed dated April 4, 1969 and recorded April 10, 1969 in Deed Record 712, page 428 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the West line of said Waggoner tract, 143 feet to the point of beginning for the following described tract of land; thence continuing North along a line, said line being the West line of said Waggoner tract extended North, 25 feet; thence East parallel with said North line of Western Avenue, 210.93 feet to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way 25.82 feet; arc measurement to the Northeast corner of said Waggoner tract; thence West along the North line of said Waggoner tract, 217.25 feet to the place of beginning. PARCEL IV: A part of Block Lettered 'E" as shown on the recorded Plat of Garden Village 2nd Unit Addition, in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point on the North line of Western Avenue, 125 feet West of the West line of Village Way, said point being the Southwest corner of a tract of land conveyed to the Phillips Petroleum Company by Belleville Investment Company by virtue of a Warranty Deed dated September 27, 1960 and recorded October 5, 1960 in Deed Record 606, page 197 in the Office of the Recorder of St. Joseph County, Indiana; thence continuing West 100 feet; thence North along the line parallel with the West line of said Phillips Petroleum Company tract 143 feet; thence East parallel with said North line of Western Avenue 217 feet, more or less to the Westerly line of Village Way; thence Southeasterly along said Westerly line of Village Way to the Northeast corner of said Phillips Petroleum Company tract; thence West along the North line of said Phillips Petroleum Company tract 120.62 feet; thence South 125 feet to the place of beginning. with said real estate having the following Key Nos. 18- 4124 -4818. 18- 4124 - 481801 and 18- 4124- 481802, 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: -2- 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 ten (10) 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 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. EJS02256 -3- PRESENTED �y� 719u NOT APPROVED ADOPTED lo / 7 /yam �• Member of the Common Council Filed In Clerk's Office NOV 1 8 1993 INENE QAMNCN CRYCLENK.90.EEN0.M.