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HomeMy WebLinkAboutConfirming Tax Abatement - Mackey Court , Stadium Drive, Stewart Drive, - Lafayette Falls, - Kendall-Weiss, LLPI~ESOLlJTION 3828-08 Passed by the Common Council of the City of South Bend, Indiana January 28, Attest: ~---, Presented by me to the Mayor of the City of South Bend, Indiana January 29, 2008 City Clerk President of Common Council Approved and signed by me Januar-T ~0 20 08 ~~~~~ City Clerk 08 20 RESOLUTION NO. ~ 8Z~`~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: A Part Of The Northwest Quarter Of Section 2, Township 36 North, Range 2 East, Centre Township, City Of South Bend, St. Joseph County, Indiana, Being More Particularly Described As Follows: Commencing At The Northwest Corner Of Said Northwest Quarter, Said Corner Lying South 89 Degrees 04 Minutes 47 Seconds East, A Distance Of 281.17 Feet From The Southwest Corner Of The Southwest Quarter Of Section 35, Township 37 North, Range 2 East, Said Southwest Corner Being Marked By A 5/8 Inch Diameter Rod, 0.1 Feet Below The Road Surface; Thence South 00 Degrees 16 Minutes 41 Seconds West, Along The West Line Of Said Northwest Quarter, A Distance Of 1981.16 Feet To The Southwest Corner Of Lot 283 In Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 As Recorded Under Instrument Number 0704435 In The Office Of Recorder Of Said County And The Point Of Beginning; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 Exclusive Of Outlot "B": (1) North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 218.40 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave Southeast, Having A Radius Of 30.00 Feet, Being Subtended By A Chord Length Of 42.22 Feet, Bearing North 45 Degrees 16 Minutes 59 Seconds East; (2) Thence Northeasterly Along Said Curve, A Distance Of 46.83 Feet; (3) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 84.92 Feet; (4) Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 71.62 Feet To The Northwest Corner Of Lot 407 In Lafayette Falls, Phase Iii, Section One As Recorded Under Instrument Number 0728461 In The Office Of Said Recorder; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Phase Iii, Section One: (1) South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 405.00 Feet; (2) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 128.71 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave To The North, Having A Radius Of 62.00 Feet, Being Subtended By A Chord Length Of 89.59 Feet, Bearing North 85 Degrees 50 Minutes 22 Seconds West; (3) Thence Easterly Along Said Curve A Distance Of 100.12 Feet; (4) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 133.31 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 65.00 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 25.12 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 187.02 Feet To The South Line Of Said Northwest Quarter; Thence North 89 Degrees 19 Minutes 47 Seconds West Along Said South Line, A Distance Of 225.02 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 104.39 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 161.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The North, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 30.75 Feet, Bearing North 82 Degrees 56 Minutes 08 Seconds West; Thence Westerly Along Said Curve, A Distance Of 30.82 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The South, Having A Radius Of 30.00 Feet, Subtended By A Chord Of 27.12 Feet, Bearing South 77 Degrees 15 Minutes 25 Seconds West; Thence Westerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99 2 Feet, Bearing North 40 Degrees 22 Minutes 44 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 186.90 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The West, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 27.12 Feet, Bearing North 21 Degrees 59 Minutes 07 Seconds East; Thence Northerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The East, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 10.66 Feet, Bearing North 02 Degrees 26 Minutes 36 Seconds West; Thence Northerly Along Said Curve, A Distance Of 10.66 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 273.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 139.07 Feet To The West Line Of Said Northwest Quarter; Thence North 00 Degrees 16 Minutes 41 Seconds East Along Said West. Line, A Distance Of 140.00 Feet To The Point Of Beginning; Said Described Tract Containing 4.502 Acres, More Or Less; Subject To Right-Of--Way, Easements, Covenants, and Restrictions of Record and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., 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 seq., 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. 9394-03, which was passed on February 10, 2003: 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. 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 sea. 4 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. PRESENTED ~"~ ~" NOT APPROVED ADOPTED ~-2-g'"~g c . ~ .~ r9 , Member of the on Council 5 Filed to Cterk'~ Cfi#ice DEC - 5 ~C07 .1^'~'~ ~'0~:}}RCE 12DD COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTrI BEND, INDIANA-46601-183D PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN.J. LUECKE, MAYOR COMMUNITY ~L ~CONOMIC DEVELOPMENT ,JEFFREY V. GIBNEY EXECUTIVE DIRECTOR December 5, 2007 Council Member Derek Dieter, 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: KENDALL-WEISS, LLP (Lafayette Falls: Phase III, Section Three) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Kendall-Weiss to build sixteen (16), single-family homes which will become Lafayette Falls, Phase -III, Section Three. 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 sixteen (16), single-family homes at a cost of $2,816,800. The project meets the qualifications for a (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, January 14, 2008. 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 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks COMMUNITY DEVELOPMENT - ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD Fax: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOLI`I'H BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL-WEISS, LLP (Lafayette Falls: Phase III, Section Three, Lots Numbered 284, 302, 303, 395, 416 and 425 through 435) December 5, 2007 On November 30, 2007, a petition for residential tax abatement consideration for real property located in Lafayette Falls, Phase III, Section Three was filed with the City Clerk by Kendall-Weiss. Pursuant to Chapter 2, Article 6, Section 2-77.1 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 Kendall-Weiss intends to construct sixteen (16), new, single-family homes on approximately 4.5 acres of land. The total estimated cost of the 16 homes is $2,816,800. The homes will have three to four bedrooms with 2 to 2.5 bathrooms and range in size from 1,200 to 2,500 square feet with attached garages. Each home will also have a basement with eight foot walls. Phase III, Section Three will include approximately 1,419 linear feet of public streets, private alleys for garage access and the associated public and private utilities. The average cost of the homes will be $176,050. Taxes to be abated during the five-year (5) abatement period are estimated at $10,217 per home. The taxes to be paid during the five-year (5) abatement period for each home are estimated at $6,380. Total taxes to be abated for the 16 houses during the five (5) year abatement period are estimated at $163,467. Total taxes- to be paid during the five (5) year abatement period for the 16 houses are estimated at $102,080. COMMUNITY DEVELOPMENT - ECONOMIC DEVELOPMENT ~.. FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574!235-9660 5741235-9371 ELIZABETH LEONARD FAX: 574/235-9697 - ~ 574/235-9371 South Bend Common Council RE: Kendall-Weiss, LLP December 5, 2007 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been associated with or been granted the following previous tax abatements. Term/Type Resolution No. Date S-year real property 3810-07 November 12, 2007 5-year real property 3788-07 September 24, 2007 5-year real property 3697-07 February 12, 2007 5-year real property 3551-06 January 9, 2006 5-year real property 3494-OS July 25, 2005 5-year real property 3481-OS June 27, 2005 5-year real property 3398-04 October 25, 2004 5-year real property 3352-04 July 12, 2004 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petition meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 3-Dec-07 KENDALL-WEISS LAFAYETTE FALLS 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 X176,050.00 Total Taxes Tax Abated** Tax Paid*** 149,642.50 149,642.50 149,642.50 10,000.00 N/A N/A 159,642.50 149,642.50 149,642.50 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 121,642.50 111,642.50 111,642.50 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of N/A N/A (74,880.00) N/A (36,762.50) N/A N/A N/A 10,000.00 121,642.50 74,880.00 46,762.50 5.1338% .5.1338% 5.1338% Gross Tax (tax rate x net assessed value) 6,244.88 3,844.19 2,400.69 Less SRTC: 21.7230% (1,356.58) (835.07) (521.50) Less Homestead Credit: 32.0952% (1,568.91) (965.78) (603.13) Net Tax 3,319.40 2,043.34 1,276.06 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 121,642.50 3,319.40 2,043.34 1,276.06 2 121,642.50 3,319.40 2,043.34 1,276.06 3 121,642.50 3,319.40 2,043.34 1,276.06 4 121,642.50 3,319.40 2,043.34 1,276.06 5 121,642.50 3,319.40 2,043.34 1,276.06 5 year totals: 16,596.98 10,216.68 6,380.30 *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 $74,880 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 $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Send, hereby petition the Common Council of the City of Sauth Bend for Residential Real Properly tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et• sea.•.and South Bend Municipal Code Sec. 2-76 et sea•, for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions}: Its 'ProF'c~Sl=ice 5~~•3G~G F!-kv~it.-~ ~.,~-Stp~~+T,!}i~. S..ec3A~Jtsst:sc.J ~,/te..t._ P2oy't15F ' 0 ~ t.-G o S. Ci 1J ~ PCB '~' ~ 1 1-~- I S G C.-i 1~~ ©1L i ?,I~+C .l"~~~/F 1.C3 ~/~n~ fin/ f l.l... (.t~~ "~{ ArT~P!'o'~tiy-~TGt.'~ (,4t9 u t.`6P,/' r-~.~; ~~ ~64,t~ ~,~~...~~s. t',~y~r__ ~ .c'y L 1=yr'Z. G A~-s'~G~,~. l~<1~s_S_r_l~-Ni'a iW i~-S.S~c,~fi~r~ .'~ I~J3~~L t~.s5 ~'.'L~~fA-,Y tIT'ILtTI~ ~ i-S~rnc..~ ~wc~c, ~4-f..j4~ i~J 517..t;.. rl~os/1 itz~c> -~, 2.~~ Ste. r-;~ /~•r/s'~ 2. Estimate the dollar value of the construction project (do not include land cost): $ Z,S~G,, 800 3. The real property for which tax abatement consideration is petitioned (Property} is owned or to be owned by the following individuals} 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! l,C~'tiJ>F+LL WEtSS 4VP g'~i E ~~FF~.('.Sc~rJ G3i.~lJ I~~C~ 4. The commonly known address of the Property is: Ste. ~k'rc-A-ct~ct~ SI•~T~ and having y ~~-. ~ odZ - auZ.-Z. n i '~ (use additional sheet for multiple addresses or key numbers). tax ke no.: "k -t~~ t~~ ~4. of ~~,a ,- P~~G- 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 $ ZS',A o~ (use additional sheet for multiple addresses). (This in#'orniation may be obtained from the St. Joseph County Assessor's Office 235-9523) ~k{t'SSI=SSA ti1'~.u,4~~~J orr PA~~'~ Pi4/~t- E•1A.r~~c~ !~ ~~c l.q. ~. a~ ?..3-iooZ oozz.ot. 8. Photographs of the Property, taken within two (2) weeks of the fling 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): ~` ~~~~ ~ trt3 ~-sAo h~. ~~ 7c~~~ : A-XGS ~ ~ t_nno. ~Z l ~ 1Sccl , ~ ~A10 ~Auto1 7n.~[„ i acr-.~ = ~' ).c~•7_, bR ` (_ c>.~~IMEwIT P:~1~~ti1G l __ = F1~Mov.~ ~ ~iw~.~ ~ ..•i,tit ::. ~ 7~p to 1 "t 1 t 4L 1 ~~tet 7i~+ P/ii L7 c K, t ~ o G.t . y~7 t~rr ~ t ti ca .~_ (This information may be obtained from the St. Joseph County Treasurers office 235-9531) l-1STL-a "Tz4x t,J~or ~t~-7~atV { S ~~fL `i~~ t.©. t~ Z3-lad2. `ooZ?.oi . Z0. What is your best estimate of the after completion market value of the property: $_2680, oob 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. 12. List o then a nticipated p ublic f financing f or t he p roj ect, i ncluding a ny a ssistance t o b e s ought o r 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 fnaneial assistance, including but not limited to public works improvements: t1o,~l ~. 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 praperty: -rum [.r...~~-, Y ~~~ ~ -.y r~c~,~s, ,~ti~x ~.~ t~ v ~ -ru.~_ Gsr-! ~s~ ~a:n~ dc~n+l~ ~l~t,L ~C~ 1 tJ' ait'l..A-t_i'~e~1C~ f~S-.n-~~TS -ro i1~-~ S t'~~.J~.e.o~M~-~.~ i I~f s-4,e.r1. ~~.,) '#'J2~1 W +l..L t tic n.ea,~ ~,e Gl-r ~ ~S Q~P es+..la-rtaN ~~~ Ti47~ fSfE-SF 14. The current use of the property is ~~~,~~- FAM~tr 1 ~ oE~T~~ t- ~~~~ - and the current zoning is sF1 (use) and ~JPc (height and area). (This information tray be 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): N14 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name ~R~v~t~'/~Ant..il ~. ~~N~.t~ t.~ fir., ; S , t...t.C, , DE~E.4C S~ ~ t~ 2 , /~3-t c,P Address ,^7 ~ L~~1G~~,~! ~/4Y SST City, State, Zip ~c.~n+ rSGnt~1, !tv ~-t r~r t Telephone is ref ~ 7,3,.? -~7ca -- 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 far the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that th qualifications for a residentially distressed area have been met, and confirm such xesolution. Name of Property Owner(s): '- ~ ;k~C ~ t~-.t.~c ~~~ ~ c~rr eE_tt-Y°-%-_ 1~~-_ Kt~.Noa(-t-- 1nl~tsS. L.t_P _ . _ By: ( ignature) :nL?IAl~- tYt~~+~. , t/P ~~ C~Pr,/tA7-r~rJ.s (Typed or printed name and capacity} 2 Property Addresses Lafayette Falls, Phase III, Section Three Lots 284 Address 6811 Mackey Tax Kev #s Court or 1529 Brick Drive Unavailable for all lots. 302 1424 Mackey Drive or 6904 Stewart Drive 303 1416 Mackey Drive 395 6846 Stewart Drive or 1415 Mackey Drive 416 6847 Stewart Drive or 1517 Mackey Drive 425 1523 Mackey Drive or 6848 Mackey Court 426 6844 Mackey Court _ 427 6840 Mackey Court 428 6836 Mackey Court 429 6832 Mackey Court 430 6828 Mackey Court 431 6824 Mackey Court 432 6820 Mackey Court 433 6816 Mackey Court 434 6812 Mackey Court 435 6804 Mackey Court or 1511 Stadium Drive The tax key number of the parent parcel is 23-1002-0022.01. Tax key numbers for the individual lots included within Lafayette Falls, Phase III, Section Three will be assigned by the County Auditor's office after the Secondary Plat is recorded. F.• IProjectslM3-11671Tax Abatementltaz abatement -phase III, sect 3 -property addresses & tax key rrumbers.doc ~' 04' 3 0 ~. _ - dG',t~ 4^i;3""E GlTY Gt~`?ti, 5G. F.:_2lD, tK EXHIBIT A LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1981.16 FEET TO THE SOUTHWEST CORNER OF LOT 283 IN LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF RECORDER OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 8~ 406 EXCLUSIVE OF OUTLOT "B": (1) NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 218.40 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 42.22 FEET, BEARING NORTH 45 DEGREES 16 MINUTES 59 SECONDS EAST; (2) THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 46.83 FEET; (3) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 84.92 FEET; (4) THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 71.62 FEET TO THE NORTHWEST CORNER OF LOT 407 IN LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION ONE: (1) SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 405.00 FEET; (2) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 128.71 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 62.00 FEET, BEING SUBTENDED BY A CHORD LENGTH OF 89.59 FEET, BEARING NORTH 85 DEGREES 50 MINUTES 22 SECONDS WEST; (3) THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 100.12 FEET; (4) THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 133.31 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 25.12 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 187.02 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST ALONG SAID SOUTH LINE, A DISTANCE OF 225.02 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 104.39 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 42.43 FEET, BEARING NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 161.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 125.00 FEET, SUBTENDED BY A CHORD LENGTH OF 30.75 FEET, BEARING NORTH 82 DEGREES 56 MINUTES 08 SECONDS WEST; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 30.82 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD OF 27.12 FEET, BEARING SOUTH 77 DEGREES 15 MINUTES 25 SECONDS WEST; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET, SUBTENDED BY A CHORD OF 119.99 FEET, BEARING NORTH 40 DEGREES 22 MINUTES 44 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 18b.90 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 27.12 FEET, BEARING NORTH 21 DEGREES 59 MINUTES 07 SECONDS EAST; THENCE NORTHERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET, SUBTENDED BY A CHORD LENGTH OF 10.66 FEET, BEARING NORTH 02 DEGREES 26 MINUTES 36 SECONDS WEST; THENCE NORTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 30.00 FEET, SUBTENDED BY A CHORD LENGTH OF 42.43 FEET, BEARING NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 139.07 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 4.502 ACRES, MORE OR LESS; SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. E:\CIVIL 3D\ENG PROJ\M31 167\survey\LEGALS\LEGAL DESCRIPTION -PHASE III, SECTION THREE.doc Exhibit "C" ct~ ~ -~ c a ~ ~3 =', :; z ~~. ~ t£', ~.. c; a° ~ ~li ..,5> L. ~ sm O C7 ~j ~ ~ cn W Picture 2 -Looking Northerly into Phase III, Section Three from the Mackey Court and Mackey Drive intersection. Pictures were taken on November 16, 2007. (See Exhibit "B "for locations of pictures.) Picture 1 -Looking Easterly into Phase III, Section Three from Mackey Court and Mackey Drive intersection. LAFAYETTE FALLS CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA KERN ROAD 1 ~ 249 248 ~ 247 A 250 246 2 A ~ 251 245 r^ ~ 252 244 ~ Z 3 253 243 7 6 5 4 ~ 254 =O 242 8 U 265 255 w 241 x 264 256 m 240 7 6 9 z 23 263 257 ~ 239 8 5 10 24 ~ 258 238 9 4 22 262 11 237 10 3 ~ 21 25 259 12 ~ 251 260 236 11 2 ° 26 U 20 12 1 13 O 235 ~ 19 27 rn 224 C 234 233 232 DE LUNA WAY a y 2PY 223 qRy 18 28 ~ 225 CO~'QT 231 13 14 15 16 17 14 29 ~ 221 226 17 ~ 227 15 230 30 Q 228 229 50 i6 L~ ~ 219 218 51 49 qg 47 46 45 44 43 42 41 "\ \ Q 217 .7~ \ 216 278 SLATER DRIVE ~j` ~( 32 P 215 214 52 39 O OT~.R 213 212 279 277 270 ~ 33 204 205 pD/NT 55 56 57 58 59 60 61 54 206 O'P/~, ~ 271 53 38 34 207 280 ° 276 ~ 266 62 35 UO O~ 267 374 37 203 208 y 272 Q- 375 373 372 371 281 ~ 275 F 268 376 63 36 ~GZ 202 332 209 210 211 273 ~ 370 T O 282 274 269 377 64 ~/!~. Js9 185 186 331 330 65 329 328 327 STADIUM DRIVE ' 379 66 67 68 283 378 380 333 _ __ __ 326 435 406 368 VAW ER ~ ~ 2B4 405 393 392 ~~1 334 -- -- -- 1 325 434 407 404 367 363 362 ~ ~ 433 408 403 394 391 382 366 365 364 335 I 1324 F 432 409 402 417 ~"F 361 ~ ~_ _ __ _ / 323 285 o a31 a10 ~ > 401 418 w 390 383 352 q0y CO 336 ~ _CI CLE URT _ / 286 U tr tr 419 ~ G 360 31 B 287 w 430 411 ° ° 40D 420 ° 389 384 ~ 351 V 337 319 320 321 322 288 ¢ 429 412 ~ ~ 399 ~ ~ ~ 3 ~ .~ ~ 428 413 ~ 3 398 421 ~ 388 385 ~ 350s 355 356 357 358 359 338 O~ 317 289 427 414 N ~ 422 ~ titi 290 397 426 415 396 423 387 386 ¢ 349 348 347 346 345 344 343 342 341 340 339 v 316 291 425 416 395 424 315 292 MACKEY DRIVE 293 314 294 2gg 2gg 300 301 306 311 295 296 297 302 303 304 305 307 308 309 310 312 313 436 437 438 439 440 qq1 FVTuRE $EGTI~t,1 ~(ZpppsED PH~ASC]IL, SEGTIon{ "fF}REF ~/~)C Ig-R14TEMENT Fo~Z (~RoP~SED LvTS 284, 3oz, 303, 395, 411,0 rQN~ 42s-435 LoCATE~ WITHIN ?NE pQoPoSEp PNASE ~~ $EGT1oN -THREE PLl4't': ~/4X AQATEMENTS E}AJ~, L3EEn~ G,RANTFD F~r2 A~ L.oTS EXGEPT' '1~oSF` h/~TH~i~.( THE AQEA C..ACiELF_~ "~TURE, SEcT~oNS~. fV ~, g c ~~. ~,n ~;OV 3 0 .~;'~' ~~.~ J^~~~ t~,t'~:? THIS DRAWING DEPICTS THE SCHEMATIC LAYOUT OF LOTS. FOR ACTUAL LAYOUT AND DIMENSIONS SEE LEGAL SURVEYS AND RECORDED SUBDIVISION PLATS. Cop Night 2007 ® ABONMARCHE CONSULTANTS, L.L.C. South Bend, Indiana 46601