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HomeMy WebLinkAboutSpecial Exception - Plastic Solutions, Inc. 701 W. Chippewa Ave.Attest RESOLUTION N0. 2070 -93 Passed by the Common Council of the City of South Bend, September 27, 19 93; Clerk Attest: _% President of Common Council. Presented by me to the Mayor of the City of South Bend, Approved and signed by me September 28,--i9_93 . 9 -aV 1993 City Clerk G , Mayor A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 701 WEST CHIPPEWA AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR PLASTIC SOLUTIONS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 701 West Chippewa, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 2: South 89 degrees 37' 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2,649.08 feet to the Southwest corner of the Southeast Quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00' 00" East 178.42 feet to the Point of Beginning of this tract of land; thence North 0 degrees 27' 07" East 752.87 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 27' 07" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39" East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23' 21" East 40.00 feet; thence South 89 degrees 36' 39" East parallel to the North line of said Southeast Quarter 80.00 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence South 89 degrees 36' 39" East along said North line 1656.99 feet to the Northeast corner of said Southeast Quarter; thence South 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36' 06" East 17.10 feet to the Westerly right of way of the Conrail Railroad; thence along said right of way line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing of South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right of way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence South 90 degrees 00' 00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II: A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel I), across, through, over and under "Plant 8" and the "Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984 by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the South line of said Northeast Quarter 680 feet West of the Southeast corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et sed., and South Bend Municipal Code Sections 2 -76 et sue.; 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 -1, et seq., and South Bend Municipal Code Sections 2 -76 et sea., 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 Human Resources 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, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from thew proposed installation of 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as 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 to be published Pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approva' ►+,_- ±he:____'_. Mayor. Signed only fo provide an opportunity for public d snusslon - Gouaoil ec:ion o,y the issue.. PRESENTED 7 7- 91& NOT APPROVED ADOPTED 9a -Q3 Membet of the Common Council