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HomeMy WebLinkAboutConfirming Tax Abatement - 6140 Bridgeton Lane - Austin J. HickeyRESOLUTION 3613-06 Passed by the Common Council of the City of South Bend, Indiana July 10, 06 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 11, 2006 Approved and signed by me J u 1 v 11, 205~'SZ . City Clerk RESOLUTION NO. 3 ~ l 3 -O~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6140 BRIDGETON LANE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AUSTIN J. HICKEY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 6140 Bridgeton Lane, South Bend, Indiana, and which is more particularly described as follows: a parcel of land being Lot 27 as the same is shown and designated on the plat of Kensington Farms East, P.U.D., Section 6, Part Two, the same being recorded as instrument number 9857462 in the office of the recorder of St. Joseph County, Indiana, and this property has Tax Key Number 23-1050-3201.06, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., 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 a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 2 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) 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 VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~~- Member of the on Council NRESENTED ~ -10-OSo NOT APPROVED i4DOPTEQ ~ '1 -\ O-~° Filed In C1e~i~'~ t3fii~e JUN 2 1 2000 JQ4~:~ V~?QriDE CITY CL~~iK, S0. BEt,D, IN. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECI:E, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT June 19, 2006 SHARON T. KENDALL EXECUTIVE DIRECTOR Council Member Roland Kelly, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Austin J. Hickey, 6140 Bridgeton, South Bend, IN Dear Council Member Kelly: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Austin J. Hickey to build a single family home at 6140 Bridgeton, South Bend, Indiana. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build asingle-family, three to four bedroom home at a cost of $350,000. The project meets the qualifi- cations for a five (5) year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, June 26, 2006. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5825. Sincerely, Sharon Terrell Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks JUN 2 1 2006 JGFIid VOpRDE CITY CLEnK, SQ. Bct~D, IN. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCLIL Ht PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 Ettznserrt LeoNAaD Fax: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 40001-1H3O PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY S~ ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM: SHARON TERRELL SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: AUSTIN J. HICKEY, 6140 BRIDGETON, SOUTH BEND, IN DATE: June 20, 2006 On June 13, 2006, a petition for residential tax abatement consideration for real properties located 6140 Bridgeton, South Bend, Indiana, was filed with the City Clerk by Garden Homes on behalf of Austin J. Hickey. Pursuant to Chapter 2, Article 6, Section 2-77 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report: PROJECT DESCRIPTION Austin J. Hickey intends to construct asingle-family, three to four-bedroom home on a vacant lot located at 6140 Bridgeton. The cost of the homes will be $350,000. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 Ec~userH LEONARD FAX: 574/235-9697 574/235-9371 South Bend Common Council RE: Austin J. Hickey June 20, 2006 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been associated with or granted the following previous tax abatements. Term/Type Resolution No. Date 5-year real property 2873-00 May 3, 2000 2. The building commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the redevelopment allocation areas finds that the property is not located in a Tax Incremental Financing Allocation Area; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance no. 9394-03, as amended by Ordinance No. 8854-97, finds that the petitioner meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1 (Single Family Real Property Abatement). €~'~~~' ~ Qj'il~E: ~~t~t~ ~fl G~. ~~~~ 21 2006 JOFi`J VOOR~c~ iN CI'TK CI.E~K, 50.6E1~D' 5 YEAR 20-Jun-06 AUSTIN J. HICKEY South Bend Centre Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (assume 85% of project cost): LAND (assume $10,000): Gross Assessed Value: Less Mortgage Exemption: Less Standard Homeowners Deduction: Base Assessed Value: Base Assessed Value: Less Maximum Abatement Deduction: Less Non-Abated Amount: Plus Land Assessed Value: Net Assessed Value: Property Taxes: Assume constant tax rate of: Gross Tax (tax rate x net assessed value): Less SRTC (21.6532%): Less Homestead Credit (24.4250%): Net Tax: $350,000.00 Total Taxes Tax Abated** Tax Paid*** 297,500.00 297,500.00 297,500.00 10.000.00 N/A N/A 307,500.00 297,500.00 297,500.00 -3,000.00 -3,000.00 -3,000.00 -35,000.00 -35,000.00 -35,000.00 $269,500.00 $259,500.00 $259,500.00 $269,500.00 $259,500.00 $259,500.00 N/A N/A ($74,600.00) N/A -184,900.00 N/A N/A N/A 10,000.00 $269,500.00 $74,600.00 $194,900.00 4.8695% 4.8695% 4.8695% $13,123.30 $3,632.65 $9,490.66 -2,890.83 -800.21 -2,090.62 -1,992.27 -551.48 -1,440.80 8 240.20 2 280.96 5 959.24 Net Assessed Total Year Value Taxes Due Tax Abated Tax Paid 1 $269,500.00 $8,240.20 $2,280.96 $5,959.24 2 269,500.00 8,240.20 2,280.96 5,959.24 3 269,500.00 8,240.20 2,280.96 5,959.24 4 269,500.00 8,240.20 2,280.96 5,959.24 5 269,500.00 8,240.20 2,280.96 5,959.24 5 year totals: $41,201.00 $11,404.80 $29,796.20 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,600 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,600 and adding back the land assessed value. /~~ ^~ i'' ~ ` i ~~ ~• i ~ur~ 2 ~ 2oos JC,itl VC~Rt~~aO tN, Ci'fY CLARK, 50.6,' CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-I, et-se .and South Bend Municipal Code Sec. 2-76 et se for this petition states the following: 1. Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance ofthe project (use additional sheet for long project descriptions); Construction of a single family home on vacant lot at Southeast corner of Bridgeton Drive & Amboy 2. Estimate the dollar value of the construction project (do not include land cost): $ 350,000.00 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Austin J Hickey P O Box 2618 Owner South Bend Indiana 46680 Vacant land at Southeast corner 4. The commonly known address of the Property is: of Bridgeton Drive & Amboy Court and having tax key no.: 23-1050-3201.06 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit `A', and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit `B', and is incorporated herein. . 7. The current assessed valuation of the property before construction is $600.00 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office 235-9523) 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit `C', and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): $48.00 (This information may be obtained from the St. Joseph County Treasurers office 235-9531) 10. What is your best estimate of the after completion market value of the property: $ 400,000.00 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 1 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements. 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: Property has laid vacant previous abatement has expired and we are currently lookine to renew the abatement 14. The current use of the property is Vacant Land and the current zoning is Single-family Residential (use) and SF-1 (height and area). (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name J Bernard FeeneX Lang Feen~ & Associates Inc. Address 715 South Michigan Street City, State, Zip South Bend Indiana 46601 Telephone 574-233-1841 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s) Austin J. Hicke 5o~~oGe \ ~G`et~~ G.``e~` '~ ,~OC~0 `` ~~ .~ J voo~~~~a ~,. G~ ~~,yo c~ By: _..._. ~ , (Signature) Owner (Typed or printed name and capacity} 5---~`(-O~° 2 REQUIREMENTS FOR ALL PETITIONS SEEKING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single-family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: Filing Reauirement with the Office of the Citv Clerk: File with the Office of the City Clerk, 4 Floor County-City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addresses in § 2-77.1 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact person(s) which much include the following: Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana Have a map of the development addressed by the abatement listing the key number for the parcel in question as well as its street address Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated Verification of the petitioner(developer's) duties with regard to the Statement of Benefits state form (SB1) Verification of the proposed property owner(s)' duties with regard to the FORM 322 ERA which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement An attachment of the Confirmatory Resolution which approved the abatement in question Inclusion of contact information, including but not limited to: Department of Community & Economic Development Division of Economic Development 1200 County-City Building South Bend, Indiana 46601 (574) 235-5825 (574) 235-9021 Facsimile St. Joseph County Auditor's Office 2°d Floor County-City Building South Bend, Indiana 46601 (574) 235-9668 (574) 235-5024 Facsimile Office of the City Clerk 4~' Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 (574) 235-9173 Facsimile Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner/developer, and in no event must be filed upon their use with prospective property owners in the affected tax abatement area. I, Austin J. Hickey ,the petitioner of record seeking single-family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as Lot 27 Kensington Farms East, P.U.D.. Section 6, Part 2 hereby acknowledges the requirements set forth herein and agree to abide by such conditions. ~• f~ i _------ (Signature) ~ Austin . Hicke Typed Name of Record P. O. Box 2618~South Bend. Indiana 46680 ' (5742287-7296 `1, - ~~Ga~~ .. iiY,~!~ Address and Telephone Number of Record Witne's Signature Virginia R Weaver Lang, Feene~& Associates 'Inc. Typed Name and Official Capacity 715 S Michigan Street South Bend,.Indiana 46601 (574) 233-1841 Address and Telephone Number Signed this ~~ day of 006. (Form Dated 07-19-OS) t il~d 1~.---- SUN 1 3 2006 ~c~o~ ~c~. C~NO, C((Y CI.E'~K, ~d' ~~ ,. Al~PUCATION FOR DEDUCTION FROM ASSESSED VALUATION 3~ E A OF STRUCTURES iN ECONOMIC REVITALIZATION AREAS :~ ~ State Forth 18379 (R4 f 11.95) ~. NSTRUCTIONS: r, This form is to be filed in person or by mat! with the Auditor of the county in which the property is located before May 10 of the year in which addition to as- sessed valuation (or new assessment) is made, or not later than thirty (30) days aRer marlrng date of notice of assessment (Form J 1) if such notice is no't given before Aprrl f0 of that year (IC 6-1.1-12.1-5). ?. Copy of Fomr J 1 must be attached. t. A property owner may not receive this deduction for the same repairs or improvements for which a deduction is obtained under either 1C 6-1. f-12-18 or IC 6-1.1-12-22 (IC 6-t.1-12-6). t! A copy o(the statement of benefits (Form S8-1) must be attached to this application. i. The compliance with statement of benefits (Form CF-1) must be filed with this application and the designating body (!C 6-1. f-12.1-5.1). i. A copy of the resolution most be attached to this application. '. Please see IC 6-1.1-12.1 fqr further instructions. ?. Taxpayer completes Sections 1, ll and 111 below. 1. !f property located in an economic revitalization area is also located in an allocation area as defined in !C 36-7-14-39 or fC 36-7.15.1-26, an application for the property tax deduction may not be approved unless the Commission that designated the allocation area adopts a resolution approving the application (1C 6-1.1-12.1-2(k)). ). Except for ERA's designated before December 31, 1987, a deduction for redevelopment or rehabilitation is not authorized for the following facilities (IC 6.1.1-Z2.1-3). ' a. Private or commercial goK Nurse j. Any facility, the primary purpose of which is (a) Retail food and they b. Country club c. Massage parlor d. Tennis couR e. Skating facility, including roller skating, skateboarding Qr ice skating f. Racquet sport laclliry (including handball or racquet ball coup) g. Hot tub facility h. Suntan facility i. Racetrack bevera a servrce, (b) Automobile sales or servrce, or (c) o retail; unless the facility is located in an economic develop- ment- target area established under IC 6-1.1-12. f-7). k. Residential, unless the faclity is a multifamily faaliry that cont- ains at least 20 % of the units available for use by !ow and mod- erate income individuals or unless the facility is !opted in an eC- onomfcdevelopment target area established under IC 6-1.1-12.i-7, or the area is designated as a residential distressed area which is required to meet conditions as cited in 1~6-1.1-12.1-2 (c) (1 & 2). 1. Package liquor store (see 1C 6-1.1-12.1- 3(e)(12)J The owner hereby applies to the County Auditor for a deduction pursuant to I.C. 6-1.1-12.1-5 beginning with the assessment date March 1,19 County Township T:i::;.'tg district Key number St. Joseph Centre South Bend -Centre 23-1050-3201.06 Name of owner Austin J. Hickey Property address (number and streeC ary, state, ZIP code) P. O. Box 2618,,,_South Bend, Indiana 46680 legal description from Forrn 1t Date of Forth 11 Lot 27, Kensin ton Farms East, P.U.D. Section 6 Part 2 Type of structure Use of strt>eture S~gle Vacant property,. Residential Subdivision Lot Family Residential Governing body that approved ERAdesgnation Resolution number Date ERA designation approved (moat be before March 1] • ,':, ?"•, ; "-• • ' ~ , `;. , : SECTION U=;:YE.RIFtCA7iQN::OF;OWNER:.flRtFiEP,RESE ATIYE ' ..., ..::: ..<. f.... <`;. ..r..> , ~+?~~.~,ps's~„<;t?~> 'signature of owner represent ve (1 help y cent hat there esentations on this application ate true) ~ Date signed i~ ~~~ _ Address (number and street, ary. state, Z!P e ~ ~,`..,~: `` ~ ° P. O. Box 2618, outh Bend, I Iona 46680 <S1rG7'10N111','S>"RUCTURES-.. 1 ~ ''+~. ' • - A. Rehabilitation structure t. Assessed valuation AFTER rehabilitation $ 'II~~~ ~.:~ 2. Assessed valuation BEFORE rehabilitation $ n,~ n, ,~• 3. INCREASE in assessed valuation ~ ,~, n, $ rla, '~ ~~, . ,;• .~ a. Assessed valuation eligible for deduction ~ ~."` ,~\ ~ ~~~~~ ~` .New structure 1. Assessed valuation $ r J ~~`~~`'" 2 Assessed valuation eligible for deduction G`' '; '> ..:~' ' ;'SEC~I9.NtV;':V>rR)FECATI(JTi:QF:'TOKt~r'.1 .,.OBTA. ,. S`SESSAR> >~. „ ; ...,~.;~~y. ,t~..:~~.~ 1 verity that the above described structure was assessed and the owner was nctified o with the ' ns i ection III are correct. effective date of the assessment being March 1, 19 and that the assessed valua ;signature or Township (or Trustee) Assessor Township Date CONTINUED ON THE REVERSE SIDE EXHIBIT `1~' Legal Description: A parcel of land being Lot 27 as the same is shown and designated on the plat of Kensington Farms East, P.U.D., Section 6, Part Two, the same being recorded as instrument number 9857462 in the office of the recorder of St. Joseph County, Indiana. a,, c, ~~''~`~~ v ~~~~ ~ ,G~~v~yon~ ~~+~~~ r- ~~~ F.JWIBIT 'B' ~~~ 33 ~! - - ~! !~ ! ! 170A ----------- 223 , 'I 17 ~ i EAST ~-------------- 1 1 RxtS 96NOV-6 AN 10125 t~ : ,,,,'~ h'ENSING T ON FARMS EAST, P. U. D . SECTION S'IX, PART ~ WO NOTE: ALL LO1S WILL CONNECT TO PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP MUF.ICIPAL WATER AND SANITARY SEWER. 3] NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND '__-- INDIANA. DEED OF DEDICATION: _ 1 - `.F_--- tµ010µ Fp T 1 NEµS 6 pPR I 32 5T N I LAND SURVEYORS' CERTIFICATION: t, THE UNDERSIGNED, JACK HICKEY ASSOCIATES, INC. OWNERS OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY F 222 ---- I -- SEC~O 88TA5 M 17 ~ A I, J. BERNARD FEENEY, HEREBY CERTIFY THAT I AM A LAND SURVEYOR, LICENSED LAYO F, PLAT AND SUBDIVIDE SAID REAL ESTATE IN ACCORDANCE WITH THE I --__ ~--- ~ , 1µ51R. I 1N COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA; THAT THIS PLAT REQUIREMENTS OF THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTH BEND `` pR~S EAST ~~` I e '---_- __ ~ I ~ -'-- ~ CORRECTLY REPRESENTS A SURVEY COMPLETED OR CERTIFIED BY ME ON OCTOBER 14 1998 TH T IG NATED AS: pqq DTS NENISINGTO F O D L . Oµ E ' T ~ •-______- , A . THE LOCATION, SIZE, TYPE AND MATERIAL OF ALL MONUMENTS I ~ N ARMS EAST , P U.D. SECTION SI%, xEµgN > g K ry N 1 6 ~ ~ ________ ___________________ WLL BE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THE SUBDIVSION ALL STREETS, ALLEYS, RIGHTS-OF-WAY, FUTURE EASEMENTS AND PUBLIC OPEN SECS PA6~. 2A '~ n I ' I ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. SPACES SHOWN ANO NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO TH ' gpdL m n A=20.65 E PUBLIC FOR 1HE USES OESICNATED HEREIN. FRONT BWtAmC SETBACK ° ~~ `~ S X R=560.00' ~ ' - T LINES ARE HEREBY ESTABLISHED AS SHOWN ON THIS PLAT, BETWEEN WHICH LINES AND R 9 22 ' `Z `, 178 ?9 2e D=02'06'45'1 Z " I . MS EAS 2 {ASE THE IGHT-OF-WAY LINES OF THE STREETS THERE SHALL BE ERECTED OR MAINTAINED NO BUILDING OR STRUCTURE THE AREAS OF GROUND _ 1 6 05 J F 6 0 0 ' W `X 1 ~ C-20b5'B i0 ` KEµyµ0T0µ P RT 3, P, B RNARD FEENE , RLS N . 5-0309 . DESIGNATED ON THE PLAT AND MARKED 'EASEMENT' ARE RESERVED FOR THE 0 ~ 5 I I T=f0.J2' N51 ONMBq}0880 ~ DESIGNATED USES BY THE PUBLIC U1IUTIES, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF WATER ANO SEWER MAINS, POLES, DUCTS LINES AND h ~0 h S s+~ V / ~ S XJ~3'++• I + r' URBAN DRAIN CERTIFICATE , WRES, DRAINAGE FACIUilES, AND ACCESS FOR PRESENT OR FOR FUTURE DEVELOPMENT SUBJECT AT ALL TIMES TO THE PROPER A THOR TI ,220 ,~ ~0• 0 . .h~;_ ^' ' -2 , ~ ~3 j,\ '~ '~ 22 ' ' N i 6 . ~ a . / j s . 52 W 0 C W 2 N - ?S) ~ F J0. ¢~.. - ,yam am z m 23' I I UZi z° ,b. ~ ~ i zu" w i ti 0 A°59.29' h~ y~. Y v i I - 1 R=181,16' 2 r ~ I D=IB'a5'OB\ I I 8=S 37'57'13' W C=59.03' ~ (' I I I 1=29.91' ti 60;, I I /C I - i L=89.95%• app, (. , R=2g1.1T o v. aR ' P' ' ' \v~~I 21 .A= 22 a' LAOBROOK LANE ' C LEN= ,4J' i GIST=45 5 o: S~D R\W ' •• . ~ - ' ~ ~ ~ V. S 89'55 10' E ' p } ~ 311.00' •• - ~~~ •~,. ~ I I I I . I , I I h c1 I ` ~ / ' I . ' 24 I I I I I I I I f I ~''rn. -T-- CURVE N0. RADUS ARC CHORD LENGTH CHORD BEARING C1 241.17' 77.32' 76.99' S 41'37'20' W C2 20.00' 30.07' 27.32' N 75'30'21' E C3 20.00' Jt.a2' 26.28' N 16'25'18' w Ca 560.00' 28.53' 28.53' S 27'07'06' w CS 560.00' 69.12' 69.67' S 22'05'32' W C6 500.00' 87.72' 87.61' S 27'73'06' W C7 241.17' 89.95' 89.43' N 58'05'00" E C8 211,1]' 157.50' 87.61' N 68'41'49' E C9 570.00' 92.99' 89.47' N 23'33'06' E C10 211.17' 69.11' 68.80' N 37'51'13' E ~ N8 I l6. DELTA ANGLE 18'22'13" 86'08'29' 90'00'00' 02'55'09' 07'07'59' 10'03'08' 21'22'00' 42'44'03' 10'03'08' t 8'a5'OB' TANGENT 39.00' 16.70' 20.00' 14.2T 3a.90' 43.97' 45.50' 82.61' 46.61' 34.87' / THE $T. JOSEPH COUNTY, INDIANA DRAINAGE BOARD HAS APPROVED THIS U I ES AND TO - / THE EASEMENT HEREIN RESERVED. NO PERMANENT OR OTHER STRUCTURES ASE 3, SUBDIVISION'S DRAINAGE SYSTEM_ AS AN URBAN DRAIN AS SPECIFIED IN 1HE TO BE ERECTED OR MAINTAINED UPON SAID EASEMENTS OF LAND, BUT OwNEgS ~Qi i 1965 INDIANA DRAINAGE CODE, CHAPTER 305, ACTS OF 1965, A5 AMENDED. OF LOTS IN THIS SUBDIVSION SHALL TAKE THEIR TITLES SUBJECT TO THE / I 1 -~ - RIGHTS OF THE PUBLIC UTILITIES AND TO THE RIGHTS OF THE OWNERS OF ' I NOTES: _ = THE OTHER LOTS IN THIS SUBOIV1510N. I - - I 173A ~ ~11: TO THE BEST OF OUR RESEARCH ALL EASEMENTS OF RECORD AFFECTING I / iHIS,PIAT ARE SHOWN. OWNERS' CERTIFICATION: 'n °° - - ' 2. 5/8':REBAR WITH PLASTIC CAP SHALL BE PLACED AT ALL LOi CORNERS. - ' r: d / 3. NO ENCROACHMENTS OF STRUCTURES EXIST ON THIS PLAT. ' = 01 r/ - 4.. NO SECONDARY STRUCTURES ExIST WITHOUT A PRIMARY STRUCTURE. THIS IS i0 CERTIFY THAT THE UNDERSIGNED, JACK HICKEY ASSOCIATES, WC: - 5 FL000 INSURANCE RATE MAP, COMMUNITY PANEL N0. 180224 0100 A IS THE OWNER OF THE LAND DESCRIBED IN THE PLAT HEREIN AND HAVE 3 ' ,INDICATES THIS PROPERTY TO BE ZONE C, AREA OF MINIMAL FLOODwG. CAUSED;THf SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED THEREOM / - FOR THE. USES AND PURPOSES THEREIN SET FORTH, AND DOES HEAEBr ' ACKNOWLEDGE AND ADOPT THE PLAT UNDER THE SiriE AND TITLE THEREON o ~ : EASEMENT LEGEND INDICAT ,n°, ~ ~ 1,`10' DRAINAGE k UTILITY EASEMENTS. ~ ~ ~ ~ _ ' o ; 2: 25' BOLDING SETBACK uNE. - ' ~ • ~ J. 10' DRAINAGE. UTILITY ~ ROADWAY MAIN PENANCE EASEMENT JACK ICK ~ASSOCI E ,INC. - DESCRIPTION: - A.J. ICKEY, pRES10EN ' 4560 S fRONW00D DR. ' ~ f A PARCEL OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOVMSHIP }7 SOUTH BEND ~~ /r NORTH, RAr.CE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA AND BEING MORE ___ , PARTICULAF.! Y DESCRIBED A$ FCLLOwS~. STATE OF INDIANA SS 1~ -- . ' ~ GTY OF SOUTH BEND COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0'- 06'30' wE5', A DISTANCE OF 2321.64 FEET; THENCE NORTH 89'-a8'-22' WEST, A DISTANCE OF BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY AND 202a.75 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89'-aB'-22' WEST ALONG .THE SOUTH LINE . STATE, PERSONALLY APPEARED JACK HICKEY ASSOCIATES, INC. OF LOT 25 OF KENSINCION FARMS EAST, SECTION 4, PART 2 AS SHOWN ON INSTRUMENT NUMBER A.J. HICKEY, PRESIDENT 8J223811N THE OFFICE OF THE RECORDER OF $T. JOSEPH COUNTY, INDIANA, ADISTANCE OF 175.42 AND EACH SEPARATELY AND SEVERALLY ACKNOWLEDGED THE EXECUTION OF THE- FEET TO TH SOUTHWEST CORNER OF SAID l0T 25; THENCE NORTH 21'-t8'-0T WEST ALONG THE WEST- FOREGOING INSTRUMENT AS THEIR VOLUNTARY ACi AND DEED FOR THE LINE OF SAID LOT 25, A DISTANCE OF t47.2fi FEET TO THE NORTHWEST CORNER OF SAID LOT 25; PURPOSE THEREIN SET FORTH. ' THENCE ALC'NC ANON-TANGENT CURVE TO LEFT HAVING A RADIUS OF 241.16 FEET AND A CENTRAL ANGLE WTNESS MY HAND AND NOTARIAL SEAL THIS 27 DAY OF OCTOBER, 1998. OF 2t'-22'--00' AND LIMITED IN LENGTH BY A CHORD WHICH BEARS NORTH 58'-DS'-DD' EAST, A MY COMMISSION EXPIRES AUGUST 1, 2006. DISTANCE 0' 89.43 FEET; THENCE NORTH 42'-40'-t3' WEST, A DISTANCE OF 60.00 FEET TO THE • EASTERLY L'NE OF L01 23 IN SAID KENSINGTON FARMS EAST, SECTION 4, PART t; THENCE ALONG A - _ NON-TANGE:aT CURVE TO THE LEFT HANNC A RADIUS OF 181.16 FEET AND ACENTRAL-ANGLE OF 18'-45'- 4raY PG9 08' AND ULBTEO W LENGTH BY A CHORD WHICH BEARS NORTH 3T-5T-13' EAST, A DISTANCE OF a '~ " S9.OJ FEET; THENCE NORTH 28'-34'-41' EAST ALONG SAID EASTERLY LINE OF LOT 2J, A DISTANCE OF , J Y : SCHLARB, NOTARY PUBLIC ~ ,D 58.86 FEET; THENCE'NORTH 61'-25'-20' WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT 23, A iA IS A RESIDENT OF ST. JOSEPH COUNtt, INDIANA., DISTANCE Oi' 257.J0'FEET; THENCE NORTH JO'-41'-53' EAST, A DISTANCE OF 60.25 FEET; THENCE ~ '' NORTH 33'-11'-17' EAST, A DISTANCE OF 208.58 FEET; THENCE NORTH 8'-07'-24' EAST, A DISTANCE rN. A, OF 33.32 FEET TO THE-SOUTHWEST CORNER OF LOT I6 IN KENSINGTON FARMS EAST, SECTION 6, PART a~ _ - 1 AS SHOWT' ON INSTRUMENT NUMBER 8814551; THENCE SOUTH 11'-28'-28' EAST ALONG THE - SOUTH LINE OF SAID LOT I6, A DISTANCE OF 306.05 FEET; THENCE ALONG ANON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 2'-06'-45' ANO LIMITED IN - IENCTH BY A CHORD WFIICH BEARS NORTH 1T-28'-t0' EAST, A DISTANCE OF 20.65 FEET TO THE • SOUTHWEST CORNER OF LOT 31 IN SAID SECTION 6, PART 1; THENCE SOUTH 13'-35'-13' EAST ALONG THE SOUTH LINE OF SAID LOT 31, A DISTANCE OF 136.93 FEET TO THE WEST LINE OF LOT t73A IN KENSINGTON FARMS EAST, SECDON 5, PART 3, PHASE 2; THENCE SOUTH 8'-24'-Ol' WEST, A - DISTANCE Of 190.00 FEEfi; 1HENCE SOUTH 50'-Oa'-47' WEST, A DISTANCE OF 32.24 FEET; THENCE SOUTH 28'-34'-40` WEST, a DISTANCE OF 200.00 FEET; THENCE NORTH 61'-25'-19' WEST, A DISTANCE OF 155,00 FEET; THENCE SOUTH 28'-34'-a0' WEST, A DISTANCE OF 50.00 FEET; THENCE N.E. CORNER, S.E. I/4, SOUTH 61'-25'-20' EAST, A DISTANCE OF 155.00 FEET; THENCE SOUTH 28'-34'-40' WEST, A SECTION J1,T37N,R3E DISTANCE 01 189.70 FEET TO THE PLACE OF BEGINNING CONTAINING 5.04 ACRES MORE OR LESS. - CERTIFICATE OF PRRDV 1 PURSUANT TO INDIANA CODE SECTION JB•7i, THE UNDERSIGNED CERTIFY THAT THE - SUBDIVISION OF KENSINGTON FARMS EAST P U D SECTION cl% PART TYO WAS CONSIDERED ' AND GRANTED SECONDARY APPROVAL BY THE MT COMMITTEE Of THE AREA PUN COMMISSION OF ST. JOSEPH COUNTY, INDUNA ON NOVEMBER 9. 1998• AND THAT A MAJORITY OF THE MEMBERS OF THE COMMITTEE CONCURRED IN THE APPROVAL AND MADE THE DETEIIMINATION THAT THE SAID SUBONISION COMPLIES WITH THE STANDARDS SET FORTH IN THE CITY Of SOUTH BEND, WDIANA SUBONISION CONTROL OADWANCE: AND 1HAT THE TIME PROVIDED fOR APPEAL HAS E%PIRED. W WITNESS WHEREOF, WE HAVE ATTACHED OUR SIGNATURES ANO THE COMMISSION'S SEAL HEREUPON: ~Ni~! ~,N CO • A ISTANT SEC AAY ~ ~'{p• INAAN F E C MAIITTEf HN W, BYORNI Yf'~i JOHN a MCNAMAM ! 1 .~ .,. ij Ao i ~1 rov+4' OILY lNTFnl:71x7 iAXAi A7;; OSi PH F NAGY " AUDITOR ST. ]OSEPH CC I\;N',;,~ IgAO~ ~~ tAlAr 4t DuIF .~ .c`: 5-0309 * S1A1E OF ~ ~ ~~yY r4DIANN~, "qAq~ $UR`E- D' SO' 100' 150' _~ Pnp>.0 0/ ~ Lang, Feeney & Associates, Inc. 715 S. Michigan Street South Bend, Mdiono 46601 I Phone (119) 173-1841 Lond Surveying ~ scab 1' = 50' Oran DMM Dolr 10-14-98 ,rop No*~ KENFARMG.O q,,,, 1D-26-98 NON-CONE. Joe Ha q,K 84-42