01-28-13 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 28, 2013 A part of the northwest quarter of section 17 and the northeast quarter of section 18, township 38 north, range 2 east, German Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at the northwest corner of the northwest quarter of section 17, said corner being marked by a harrison type monument; thence south 00 degrees 12 minutes 46 seconds east, a distance of 910.31 feet to the point of beginning; thence north 89 degrees 44 minutes 25 seconds east, a distance of 385.46 feet to the west right-of-way line of Dylan Drive as recorded under instrument number 0647966 in the office of recorder of said county; thence south 00 degrees 15 minutes 35 seconds east along said west right-of-way line, a distance of 919.19 feet to the north line of Portage Prairie minor #2 as recorded under instrument number 0814357; thence south 89 degrees 44 minutes 25 seconds west along said north line, a distance of 386.22 feet to the east line of the northeast quarter of said section 18; thence continuing south 89 degrees 44 minutes 25 seconds west along said north line of Portage Prairie minor #2, a distance of 166.28 feet; thence north 00 degrees 15 minutes 35 seconds west and parallel to said west right-of-way line of Dylan Drive, a distance of 919.19 feet; thence north 89 degrees 44 minutes 25 seconds east, a distance of 167.04 feet to the point of beginning; said described parcel containing 11.659 acres, more or less. Subject to easements, right-of-way, covenants, and restrictions of record. and which has Key Numbers 025-1009-014605 presently at this point in time, be designated as an Economic Revitalization Area; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 remonstrance’s 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: 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 six (_6_) years, 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. 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. s/Derek D. Dieter Member of the Common Council 18