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5.5 <br />(Lots 1 & 2 of the Proposed and unrecorded subdivision Michiana Regional Industrial <br />Park, Cleveland and Brick Roads at the Bypass, U.S. 31 North, St. Joseph County <br />Indiana) <br />as an Economic Revitalization Area; and <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing <br />before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrances and objections from interested persons and <br />WHEREAS, the Council has determined that the qualifications for an economic <br />revitalization area have been met. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />SECTION I. The Common Council hereby confirms its Declaratory Resolution <br />designating the area described herein as an Economic Revitalization Area for the <br />purposes of tax abatement. Such designation is for personal property tax abatement <br />only and is limited to two (2) calendar years from the date of adoption of the <br />Declaratory Resolution by the Common Council. <br />SECTION II. The Common Council hereby determines that the property owner is <br />qualified for and is granted personal property tax deduction for a period of ten <br />(10) years. <br />SECTION III. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />s /Thomas Zakrzewski <br />Member of the Common Council <br />RESOLUTION NO. 1796 -90 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY <br />RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY <br />OF SOUTH BEND, INDIANA COMMONLY KNOWN AS LOTS 1 AND 2 <br />OF THE PROPOSED (UNRECORDED) MICHIANA REGIONAL <br />INDUSTRIAL PARK WHICH IS LOCATED NEAR THE CLEVELAND <br />ROAD INTERSECTION WITH BRICK ROAD AT THE U.S. 31 <br />NORTH BY -PASS TO BE AN ECONOMIC REVITALIZATION AREA <br />FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX <br />ABATEMENT FOR PENZ REALTY /pENZ ENTERPRISES, INC. /PENZ <br />PRODUCTS, INC. <br />WHEREAS, the CommonCouncil of the City of South Bend, Indiana has adopted a <br />Declaratory Resolution designating certain areas within the City as Economic <br />Revitalization Areas for the purpose of tax abatement consideration; and <br />WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 1 and <br />2 of the proposed (unrecorded) Michiana Regional Industrial Park which is located <br />near the Cleveland Road intersection with Brick Road at the U. S. 31 North By -Pass <br />and which is more particularly describe as follows: <br />A parcel of land being a part of the Southwest Quarter of Section 17, Township 38 <br />North, Range 2 East in German Township, St. Joseph County Indiana and being more <br />particularly described as follows: <br />Commencing at the Southwest Quarter of said Section 17, thence North zero (0) <br />degrees four (4) minutes three (3) seconds east (all bearings in this description <br />are based on the East line of the Southwest Quarter of said Section 17, said line <br />having an assumed bearing of North zero (0) degrees zero (0) minutes zero (0) <br />seconds East) along the West line of said Southwest Quarter a distance of two <br />hundred (200) feet to a point; said point being the true place of beginning of this <br />description; thence continuing North zero (0) degrees four (4) minutes three (3) <br />seconds east along said West line a distance of four hundred (400) feet to a point; <br />thence South eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds East <br />a distance of six hundred twenty -five (625) to a point; said point being thirty <br />(30) feet West measured at right angles to the centerline of the proposed Michiana <br />Drive; thence South parallel to said centerline of Michiana Drive approximately a <br />distance of five hundred ten (510 + / -) feet to a point; said point being ninety (90) <br />feet North measured at right angles to Brick Road; thence following a fifty foot <br />radius from South to West to a point; said point being at the tangent between the <br />fifty (50) foot radius and a parallel line being forty (40) feet North measured at <br />right angles to the centerline of Brick Road;,thence North eight -nine degrees <br />thirty -nine (39) minutes six (6) seconds West'a distance of approximately one <br />hundred five (105 + / -) feet to a point; thence North zero (0) degrees twenty -two <br />(22)minutes thirty -eight (38) seconds East a distance of one hundred sixty -five <br />(165) feet to a point; thence North eight -nine (89) degrees thirty -nine (39) <br />minutes six (6) seconds West a distance of one hundred thirty -eight (138) feet to a <br />point; thence South zero (0) degrees twenty -two (22) minutes thirty -eight (38) <br />seconds West a distance of one hundred sixty -five feet to a point; thence North <br />eight -nine (89) degrees thirty -nine (39) minutes six (6) seconds West a distance of <br />sixty (60) feet to a point; thence North zero (0) degrees twenty -two (22) minutes <br />thirty -eight (38) seconds East a distance of one hundred sixty (160) feet to a <br />point; thence North eight -nine (89) degrees thirty -nine (39) minutes six (6) <br />seconds West a distance of three hundred thirty (330) feet to the point of <br />haninnin. <br />