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HomeMy WebLinkAboutReconfirming 211 W Washington St for a ten (10) year real property tax abatement for retail property located at The Tower at WashingtonAttest: RESOLUTION No. 4537 -16 Passed by the Common Council of the City of South Bend, Indiana March 14 20--L6—. Presented by me to the Mayor of the City of South Bend, Indiana . March 15, 20 16 Approved and signed by me City Clerk President of Common Council 20 1 . City Clerk �� RESOLUTION NO. q 539 `" I A RESOLUTION MODIFYING AND CONFIRMING -THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS: 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR: RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC WHEREAS, the Common Council of the City of South Bend, Indiana, adopted Declaratory Resolution No. 4205 -15 (the "Declaratory Resolution ") designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and which was adopted by the Council on September 29, 2015 and approved by the Mayor that same date. WHEREAS, the Declaratory Resolution designated a portion of the property commonly known as 211 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: Lots 239 & 240 & Vac Alley W & Adj OP and which is to be rehabilitated for use as retail property as an Economic Revitalization Area; and WHEREAS, said property has been subdivided into four (4) separate tax parcels and the legal description and Key Number for the parcel relating to the retail property is as follows: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Retail Unit (RE- 1) as shown on the "Declaration of Horizontal Property Ownership, Washington Square Condominium Horizontal Property Regime" as recorded by Document No. 1605719 on March 10, 2016 and those certain floor plans for the building recorded on the date of record of declaration as Document No. 1605718 in the records of the St. Joseph County, Indiana recorder's office. US.105059206.02 Subject to all legal easements, exhibits and restrictions of record for said Washington Square Condominium Horizontal Property Regime. Key Number 18 -1008- 032101 (said parcel being referred to hereinafter as the "Property "); 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, a copy of the notice of adoption of a Declaratory Resolution and a statement containing substantially the same information as a statement of benefits filed with the Council has been filed with each taxing unit that has authority to levy property taxes in the geographic area pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing on March 14, 2016 for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council 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 modifies and confirms its Declaratory Resolution to designate the Property as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to three (3) calendar years from the date of adoption of the Declaratory Resolution by the Common Council rather than the two (2) calendar year designation due to the size, scope and complexity of the rehabilitation of the property. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for up to a period of ten (10) years as provided in the alternate abatement scheduled below pursuant to Indiana Code 6 -1.1- 12.1 -17 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 6- 1.1 -12 et seq. -2- US. 105059206.02 Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60 % 9 60% 10 60% 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. Member of the Common Council Piu-Sawo NOT APPRO`M hcOPTED 3f !q-)11,.0 US.105059206.02 Filed in Clerk's Office MAR 14 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN