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Home My WebLink About05-12-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, MAY 12, 2008 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7:00 P.M. 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 14-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 20-08 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 22-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS 8. BILLS, THIRD READING TIME: BILL NO. 12-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 14-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 20-08 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET 22-08 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS 9. RESOLUTIONS BILL N0. 08-41 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 08-42 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 08-43 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1433 NORTHSIDE BOULEVARD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO-YEAR (2) REAL PROPERTY TAX ABATEMENT FOR RIVER ROCK, INCORPORATED 08-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS ' WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 NORTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13, ROBERT F. DAGGER, D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. 08-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN - SECTION I, A CERTAIN 51 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 08-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN - SECTION II, LOCATED ON APPROXIMATELY 2.7 ACRES NORTH OF BRICK ROAD, EAST OF ORANGE ROAD AND WEST OF THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 10. BILLS, FIRST READING BILL NO. 24-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2900 BLOCK OF SOUTH MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA 25-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH'; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. SECTION 2, 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA 26-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS 27-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 28-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE' CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 29-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE FUNDS FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#410); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS 30-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION 31-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS 32-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE EAST/WEST ALLEY NORTH OF LASALLE AVENUE FROM NOTRE DAME AVENUE EAST ALONG THE NORTH LOT LINES OF LOTS 7, 8 AND 9 OF DUNN'S SUBDIVISION FOR A DISTANCE OF 116 FEET AND A WIDTH OF 10 FEET BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 11. UNFINISHED BUSINESS A. APPEAL OF A CERTIFICATE OF APPROPRIATENESS FOR 710 PARK AVENUE - HISTORIC PRESERVATION COMMISSION 12. NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS B. MISCELLANEOUS 13. PRIVILEGE OF THE FLOOR A. PUBLIC PORTION B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING 14. ADJOURNMENT TIME: EXHIBIT E SANDERS • PIANOWSKI, LLP ROBERT T. SANDERS III MICHAEL A. PIANOWSKI JAMES L. TODDj~ MATTHEW A. YEAKEY P. SHAWN LEWIS* JASON G. WARD* COURTNEY G. WILLIAMS$* JORDAN P. WILLIAMS DEBORAH J. BEAVERSON ATTORNEYS AT LAW 300 RIVERWALK DRIVE ELKHART, INDIANA 46516 (574)294-1499 FACSIMII,E (574) 294-7277 March 5, 2008 Paralegals WANDA S. WYRICK MARII.YN A. WHETSTONE $ALSO ADMTTTED IN ILLINOIS *ALSO ADMITTED IN MICHIGAN tALSO ADMTTTED IN OHIO Mr. Mark Lyons, Zoning Planner Area Plan Commission s. ~'t1 ~ ~ -- 1140 County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Rezoning Petition- Western Avenue & Lombardy Drive Dear Mark: Please f nd enclosed herewith a Rezoning Petition related to the property located at the corner of Western Avenue and Lombardy Drive for the purpose of constructing a Walgreens Drug Store at this location. Please be advised that Preferred-South Bend LLC ("Preferred") is the Contract Purchaser for the property which comprises the location which is the subject of the enclosed Petition. As you are aware, our firm is acting as Preferred's authorized representative with respect to the enclosed Petition. The property is owned and is comprised as follows: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 P1N: 18-4112-414802 OWNER: Barakeh Land Co., Inc. (Contract Purchaser) 4444 West Western Ave. South Bend, Indiana 46619 PARCEL IA: 18 Foot wide strip PIN: 18-4112-414812 (Newly assigned) OWNER: University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, Indiana 46556-5611 Attn: Gregory P. Hakanen - Director of Asset Management and Real Estate Development 17 SANDER • PIANOWSKI, LLP Mr. Mark Lyons, Zoning Planner Area Plan Commission March 5, 2007 Page 2 PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 PIN: 18-4112-414803 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 PIN: 18-4112-414809 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46S4S PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 PIN: 18-4112-414805 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 Please note that I have included with the petition the legal description as Exhibit A, eight (8) copies of the Preliminary Site Plans as Exhibit B, the Statement of Purpose and Intent as Exhibit C, and the Surrounding Property Owners List as Exhibit D. I have also included a copy of this letter with the Petition as Exhibit E. Additionally, I have enclosed stamped and addressed envelopes for each of the property owners within 300 feet of the subject site. Further, per your instructions, I have only submitted eight copies of the preliminary site plans rather than the seventeen (17) specified in the rezoning petition. Should you need additional copies, I would be pleased to provide the same to you. Further, per your instructions, I have not enclosed a location map for the property. If you do need a location map, I would be pleased to provide the same to you. Finally, as required in the filing instructions, I have enclosed a check made payable to the Area Plan Commission in the amount of $50.00 and a check made payable to the City of South Bend in the amount of $100.00 for the requisite petition fees. 18 SANDERS • PIANOWSKI, L, ~F Mr. Mark Lyons, Zoning Planner Area Plan Conunissi.on March 5, 2007 Page 3 Should you have any questions with respect to the foregoing or need additional information, please feel free to contact me. In the alternative, please fee] free to contact Adam Keyser directly at 312-327-2700 x 327. Once you have had an opportunity to review the enclosed cjocuments, please let me know as to when this matter will be set for hearing. I would like to thank y-~u for all of your a.~sistance on this matter and I look forward to working together to complete this deL-~lopment project. Very truly your:. SANDERS • P:.'~NOWSILI, LLP Jason G. Ward 'ward a nvenvalllaw.com JGW/mb Enclosures cc: Adam. Keyser, Preferred-South Bend LL(: w!enclosure c:txCULntt 230 DisCLOSUxE:.9ny advice contained in this communication (including any atta~hr,Yenr.;,i tmless expressly stateli otherwise, i,s not intended or written to be used or relied upon, and may not be used or relied upon, for purposes of trvoidutg to ~: !~°na'ties that may be imposed on any taxpayer by ani~ governmental authority. I~~p R - 5 2008 •l• Yii l./E i~a r, ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR FIVE (5) PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF WESTERN AVENUE AND LOMBARDY DRIVE LYING IMMEDIATELY SOUTH OF THE INTERSECTION AND IMMEDIATELY NORTH OF 450 LOMBARDY DRIVE, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, Preferred-South Bend LLC is seeking to rezone all of the properties listed below to Community Business District (CB) for the purpose of constructing a Walgreens Drug Store at the proposed location. A drug store is a permitted use in a Community Business District, and rezoning of the property necessary to support the store would not be inconsistent with the City of South Bend's City Plan and would be consistent with the current and future use and development of the surrounding area..The current zoning is as follows: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 Zoning: Community Business District (CB) PARCEL IA: 18 Foot wide strip PIN: 18-4112-414812 (Newly assigned) Zoning: Multifamily Urban Corridor District (MF1) PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 Zoning: Multifamily Urban Corridor District (MF1) PARCEL III; 426 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 Zoning: Local Business District (LB) NOW THEREFORE BE IT ORDAINED by the Common Council of the City r of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A parcel of land located in the Northwest Quarter of the Southwest Quarter of Section 9, Township 37 North, Range 2 East, South Bend, Indiana, described as follows: commencing at the intersection of the East line of Lombardy Drive and the North line of Part 2 of Section 7, Belleville Unit "B", an addition recorded in Plat book 19, page "B" in the Office of the St. Joseph County Recorder; thence North 00 degrees 00 minutes 30 seconds East (assumed bearing), 24 feet along said East line of Lombardy Drive to the point of beginning; thence continuing North 00 degrees 00 minutes 30 seconds East, 373.99 feet along said East line to the South line of Western Avenue; thence South 89 degrees 42 minutes 25 seconds East, 125 feet more or less along said South line to the West line of a parcel of land described to Western Manor Apartments in Instrument Number 9711319, recorded April 1, 1997, in said Recorder's Office, said West line being 125 feet East (as measured along said North line of said addition) of and parallel with said East line of Lombardy Drive; thence South 00 degrees 00 minutes 30 seconds West, 373.39 feet along said West line to a line 24 feet North of and parallel with said North line of said addition; thence North 89 degrees 58 minutes 58 seconds West, 125.00 feet along said 24 foot parallel line to the point of beginning, containing 1.07 acres more or less. be and the same is hereby established as Community Business District (CB). SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Cou it Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana isf ~gAD(-~~ 3,~0-~~ pU~l.(C HEARING '3 rd READING NOT APPROVED REr'ERRED PASSED Filed 1n Gl~~k's ©ffice MAR - 5 2008 JQEt~J l`QORC~ C(TY CLs"~i~, So. E3kt~Q, IN. Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is five (5) properties located at the southeast corner of Western Avenue and Lombardy Drive lying immediately. south of the intersection and immediately north of 450 Lombardy Drive. 2) Name and address of property owner(s) of the petition site: PARCEL I: 4444 West Western Ave. South Bend, Indiana 46619 OWNER: Barakeh Land Co., Inc. (Contract Purchaser) 4444 West Western Avenue South Bend, IN 46619 PARCEL IA: 18 Foot wide strip PIN: I8-4112-414812 (Newly assigned) OWNER: University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, Indiana 46556-5611 Attn: Gregory P. Hakanen - Director of Asset Management and Real Estate Development PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola, IN 46561 PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 PARCEL iV: 436 South Lombardy Drive South Bend, Indiana 46619 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 4 3) Name and address of contingent purchaser(s), if applicable: Preferred-South Bend LLC 141 W. Jackson Blvd.; Suite 3540 Chicago, IL 60604 (312) 327-2700 x 237 4) It is desired and requested that these properties be rezoned From: Multifamily Urban Corridor (MF1) and Local Business District (LB) To: Community Business District (CB) 5) This rezoning is requested to allow the following use(s): The development, construction and maintenance of a Walgreens Drug Store at the proposed location. 6) Attached is a copy of (a) legal description of the properties; (b) eight (8) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (e) letter to Area Plan Commission; (fj addressed, stamped envelopes for all property owners within 300 feet of the petition property (g) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. Signature(s) of Alt Property owner(s) or Attorney for all property Owner(s) [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 13Y SIGNING 13I;I~OW, WE, TIII; UNI>1?IZSIGNEI), CONSI;N'i' '1'O 'I'IIIS A1'I'LICATION AND I~URTIiER III;RI:I3Y AUTliO1Z17,1, 1'REP'[:IZRI:D-SOU'I'I1 BEND LLC ANll ITS COUNSEL, SANDEIZS •I'IANOWSKI, LLI','I'U ACT AS OUR AU'I'IIUIZIZi;I) AGENT IN 'TIIIS MATTER. PARCCL l: 4444 \Vest Western Ave. South licnd, Luli~n~ ~{GG19 t'IN: 18-4112-414802 OWNCR: [3nrnkch Land Co., Inc. 4414 Wcst Wcstcrn Avenuc Southl3end,iN 4GG19 13ARAKC[-1 LAND CO., 1NC. I3y: ~~ MOI-IAMMEU KANAN ~ j" .~ (it/L• MOI-IAMMGD SI-IALASI-I ~-~ '~' ~- MOI-IAMMCDKANAN ~'I'III's IZI;MAINDEIZ Or'I'[IIS PAGE IS IN'I'I:N'I'IUNALLY LI;I~'T I3LANK] BY SIGNING BELOW, WE, TI-IE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PRErERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSICI, LLI', TO ACT AS OUR AUTHOItIZEI) AGENT IN THIS MATTER. PARCEL IA: 18 toot wide strip I'IN: 18-4112-414812 (Newly assignccl) OWNER: University of NoU•e Dame Du Lac 910 rlaiiner Hall Notre Dame, Indiana 4G55G-SGl 1 Attn: Gregory P. Hakanen Director of Asset Management and Real Estate Development UNIVERSITY Or NOTRE DAME DU I.AC I3y: Printed N i .7 es J. Lyphout Its:Vice resident for Business Operations [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK[ 7 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSKI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL II: 418 South Lombardy Drive South Bend, Indiana 46619 OWNER: Aixsa Perez, M.D. 1712 Lincolnway West Suite A Osceola,lN 46561 ,JCL f/,.~2/ ~n~~'= AIXSA PEREZ, [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 8 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH BEND LLC AND ITS COUNSEL, SANDERS •PIANOWSHI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL III: 426 South Lombardy Drive South Bend, Indiana 46619 OWNER: Apex Properties, Inc. 2400 Miracle Lane Mishawaka, IN 46545 APEX PROPERTIES, INC. By: ~~ Printed Name: .-~''~ ~ G Its: ~.2„1~ [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 9 BY SIGNING BELOW, WE, THE UNDERSIGNED, CONSENT TO THIS APPLICATION AND FURTHER HEREBY AUTHORIZE PREFERRED-SOUTH $END LLC AND ITS COUNSEL, SANDERS •PIANOWSKI, LLP, TO ACT AS OUR AUTHORIZED AGENT IN THIS MATTER. PARCEL IV: 436 South Lombardy Drive South Bend, Indiana 46619 OWNER: Perry Donaldson and Beverly Donaldson, Husband and Wife 57275 White Pine Trail South Bend, IN 46619 l~ ~ _ ,/`~ PERRY D NALDSON ~~~w BEVERL ONALDSON [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 10 PREFERRCD-SOUTH i3y: Printed Name: Its: MAN PETITION PREPARED 13Y: Jason G. Ward Sanders • Pianowski, LLP 300 Riverwalk Drive Clkhart, Indiana 46516 (574)294-1499 ,'w! and n,riverwalklaw.com CONTACT' PCRSON: (If different) Adam Kcyser Preferred-South fiend LLC 141 W. Jackson [31vd., Saitc 3540 Chicago, IL G0G04 (312) 327-2700 x 237 adam@prefcrrcddevelopment.com 1v:1P-QU'refcrrcd Dcvclopment-South BendlRczoning\Pclilion and form of Order-2.doe File ll~l ~l~I°k's Office ~,9~:P1 - ~ %`~~'~ JOH"J Vpc?RDE CITY t;LEFsK, SA. BEAD, IN. EXHIBIT A A parcel of land located in the Northwest Quarter of the Southwest Quarter of Section 9, Township 37 North, Range 2 East, South Bend, Indiana, described as follows: commencing at the intersection of the East line of Lombardy Drive and the North line of Part 2 of Section 7, Belleville Unit "B", an addition recorded in Plat book 19, page "B" in the Office of the St. Joseph County Recorder; thence North 00 degrees 00 minutes 30 seconds East (assumed bearing), 24 feet along said East line of Lombardy Drive to the point of beginning; thence continuing North 00 degrees 00 minutes 30 seconds East, 373.99 feet along said East line to the South line of Western Avenue; thence South 89 degrees 42 minutes 25 seconds East, 125 feet more or less along said South line to the West line of a parcel of land described to Western Manor Apartments in Instrument Number 9711319, recorded April 1, 1997, in said Recorder's Office, said West line being 125 feet East (as measured along said North line of said addition) of and parallel with said East line of Lombardy Drive; thence South 00 degrees 00 minutes 30 seconds West, 373.39 feet along said West line to a line 24 feet North of and parallel with said North line of said addition; thence North 89 degrees 58 minutes 58 seconds West, 125.00 feet along said 24 foot parallel line to the point of beginning, containing 1.07 acres more or less. ~~ ~.~ ~. , ~fy~~j'YtJ~' ~6~. Cii`fi ~.i.~r_._ ~~~ ~ G-r_~n~l 12 EXHIBIT B PRELIA'IINARY SITE PLANS LIST OF REQUESTED VARIANCES Variance Ordinance (Chapter 21) Landscaping Variances Perimeter Landscaping 21-07.01(b) Lombardy East Side of Property Foundation Landscaping 21-07.01(c) Landscape Islands - Parking 21-07.01(d)(2) Parking Area Variances Parking Spaces -Number 21-07.04(e) Table 21-07.04 D Parking Space Size 21-07.04(d)(1)(A)(ii) Table 21-07.04 D Parking Setbacks 21-03.05(b)(3) Westview Lombardy Western . Drive-Thru Variances Drive-thru Waiting Spaces 21-03.011(a)(3)(G)(vi) Drive-thru Bail Out Lane 21-03.011(a)(3)(G)(iii)(b) Drive-thru lane Curbed Island 21-03.011(a)(3)(G)(v) Set-Back and Bufferyard Variances Building Set-Back 21-03.05(b)(2)(A) Lombardy Drive Rear Residential Bufferyard 21-03.05(b)(2)(C) Dumpster Location 21-03.11(a)(3)(C)(iii) ~°a} r• 1 g,. ¢y ~~ t~~~c~~ - i 8f~&~ CCS r.~F~:o~~ MAP, - ~ 2G08 sort: vc~:~~~~~: crrr c~,~F ~~:, tip. ~;,~,,~~n, s~. 13 "NI `Qfd3E 8002 5 - ~~W @~1~~~ ~~~~.~~~~ ~i ~~~9~ ~---rj ~ I r ` ~ . i `-"~ `'~---~ `-------------'~ ~I ~ MOPED Ktt19eLC 9pClAll RAMP NM l I iRUNpMCD OWC OCITCTASLE MMxINO SURIArS. LOMBARDY DRNE cONSmucnw ro wNrDRN Tp rtoma wo.w l y (SWM LONpARO~Y pPoV W^yER SmC[T SIM) AV'O MO gDIMA CpDEvCWIR= ENIS (M) v v v v v v v ep TOf ee.as>~ is-°° ~° ...I.I...~.xD.,. ~ ~~ I I7 c~ z c = s a v e = c e m m~ s m= c a-~~~® ' i rRVOSm r J ~ = J.~_../~ I lPi ~UNtl1 ; (M) - - - - - - - - - aPBMRNER CYYRB 10 ; o I IL PRfPO5E0 CONfAEiF 4\ J I so[wux (t[P) __ lATa1 a T---~- --( T T-@ -- --- -------- ~ ~ N 0000'10' E 43099' _- - - - - ~ ~~ /r~~' /: - `~~ yy p d 9 y y j .' PIICPOSm A CE59ElL PMIX ND SPKF. IAMim1 9 - ~ B d ~ ~ ~ ~i/ 9plACE (Tt ) µD SNl0. ~ ~~ g 9 ~ o n . % / `, ' i ~ 8 g m "' ~ c' fisee £r 59 azr ~t j E~f • '~/ ' /. ~'F-F \ fAM •~ MY~ J~MIl-~- /f PPOPV~ED DRfK- ~; ~~~. .. ~ '~: ~' I~ I~e S 1 fI ~~ IR I-f I I/ Ittt I; ~..~~5:, RS d ~ ~,~ b [ TnrnfsED Muamc - ~.~rY ~ ~~~ ~ rp~ie Dam ~; r ,D ~ ~~ aL-., Ri a Lo ~' -. Ine (T1* Y R1 °~ x r --awl 4 B C [-i 1 v pis Z- r- E-D //r~te SJ /...1.'"' =. M8' - J Y e-e 10 r ~b ` ~~. ..~~ I (~••~ ••R15' ___ rwPt® Htt I~ ,.. 5/ie AIn PlT1F1r 1~••) _ -^ R57'_- RD7 N OOT70 J0 E 14118' 3- _S 00'00'}0' W 4]I AO _ - - - E3 _ _ _ _ _ _ _ B 8 eY-PASS LME nM .vI`c~ N 090'10' E ~ .er An. ... ~ neon -I u PROPD'..m 'DO NOT le.D• WESTVIEW LANE ~~ [xrtl' sws PRrspsm [r PAMim STOP eM Mp 'STOP' 9tl1 (TYP) w _\-_. e i I ._,-=~ r-I ~ I I fl I I ~ ® ~ I I Il I I ~ .}- I INfI~IY~ I ~ I I I ''' ICI p I ~ LTA ~ I~ ~r~ I! I l ~ ~ I I~ 91 I I I I lsl loll I ~ I I~ I l l~l I I I ~ I i~fl i i i l` I I I I •~ h l I I l•: r I~ ,~, I l l ! .. L.r~ I I I'I l I I I r I ~ I I.I l I l I/ I f•I ~ I ~ 1 1, lIlSE PLMS ARE eASm w THE LMO TIM SURVEY DAUwa Niu°~acnR,wo ippaTOOP~ti en a REST em1 PLAOE, u[lRIUWUG n xsnp (x1p TSe-OSSS LMCR ro CWSIIIUCIIbI, ppNlRKrdl ro pR1rKT TNC pCSNN MGINEFR ANp ARCH1IECT 10 Vf10fY MAT TNCY ME SMAHD NId1 n1E MOST LVMCNT SCT pr PLMS AIU fPC[tl[ATOxi OINFAwSE rAA7 sx eAD cs P ~ ~ ~ A s A Far' TOPe1T~ axwAU [OPKim 91ecPA0[ ~S~ €~ a _ tt E 9 I. ~ CCNPACTm SLRIWKE N U u :!~^:'`=i'c N To wsnm wR[ xEe9lxe ' 5 ~ .. ir'~.A ^Q A A ..:. a Iwo v :,... ~~ 8 LO coxarrt . ~~ ~~^~ r xoTEl $ ~ d F 7 1. RFJWTM LR.D.D.T. STMtlMO SPECRIOATONf MT[sT O E LuTxM) rpt eINO[R ~ suIIrKC cwr.[s MD ra ~ +++XXX N y AccRCO^rz eAU C0.A15L 1 iNE N/aCAndl RATFS Idr iNE PRPK COAT w'O iKl iii ~ ~ , g.5 r ~ 3 CMT APC TD eL 6b AND 610, DALLW! Im SCUME RFSP[CTVF M 3 r X (D yY. 1 0. 1 TNe anlc suepnAtt SNNL e[ eORPKI[D ro xoT LGSS iMM SSl O! ML SrANDMO LABOIIATa1Y ppl9tt. ~ d W ~. MOVIpE mIrTRAtnd JOINTS OM CdGCIC PAVFIFNi AT 1E ac ra IOCW/ui remlx colTRa JOIxT AT e' 0.C. [bM51Rr JPMIS AT 67 6C J 3 ON SITE PAN(NL) DATA R[LNM SPKES ^] KA AOC[S4RIE 9PALER : 10TH vAm ° 6fiE DATA l01 MFA ~ KTD Sr. (1.0T K.) ~ ~ so D [o Ro eD ~ ~ ~ i5 9 p{ 61 U d d ~ m ~ c . ~' d MPaIWOUS MU ~ M,eH V. (esl lDT CDKRApE) PCRNOUS MU ~ qDH S.I. (ill LOT pONJ1AC[) r. ''""' " ~~ ° °~ SITE PLAN 1 of 1 'h'{ LGF~39 'OS `~~yl~ JLlI~ 3Qi~L~DAL PJH~P PI Barr i IG'r SHADE ORNAMENTAL h CplIFERWS TREES ~n e5av. N-'=~N~ .w. r iu ewa o~Nxilamf o ~6(n1~4 r[M~1 ST DECIDUOUS AND ENTGREEN SHRUBS ~ aBHY poTNal'u 1'tldOtibalE S~ !e [ '~N "MGM Mel mrMnm # n~ N~ Na M1 v [ ~p i o• Im. • 1Nmtu?~Y bmt4119w~ Sav a1M~SNS! N TWA YL/'ln' .LwDl16 Mani W.RtwmlNf S S.a pEAENWALS IX2NAMENEAL GRASSES AND CRWNDCOVERS y]y may, SDru.vu x~ vaio~jpLp6TLBayEur 513 e~ n MntuMa[f MYaM DwR IwaN •N ~;~::~~~,~ X61-~a"'~.,~ ~~ ~~%~~~ y xie~ws ~'~'~s TREE PROTECTION FENCE m»z E' oAT~En N~mEHeu i :~ mv~ er K ~~ PLLWS nOaT ANO ASSODAIFS N NEST STN PLACE NFARW.Ml1L N NHD (214) T]S-W?S x PRNYI m eoxsiaucnoN. ewiRAtTpa m eaaTAeT nIE N~CRRND fp R W E YDSAT W~RRDIT 9Ef K PlIH4 µ ~ EP[CY1GlIOHx (y'~~I ~~ ~ IX TRR/5NRU4 m SE P1101ECIED ~' ~EEYY ® [L TNE/9iRU4 m BE REMOVED YNLIDN S1WP AND SIIINP DpIDIIIOS h Mme! PAVAN 1NBalN ].WDf 3eao aRLrP9f Nru~M RMnDM LIIDL W[ m NLT I~ I ~ - ~ ~ - a ~ wan L•m Fwtt PnNn6 =Pwr[ CG.Y d4 Mr V N ~ ~~ •~ ~ ~ ~ _ - - - - _ _ - - I an_nSCA.pE NOTES ~^ ~ f 4 /aL w Ya[1eM1 Sni 4[ Nuar~ ~ wnucN uwi~ N - ~ LOMBARDY DRIVE FXI~NO TREE N"^' PROTECTION FENCE ~ ° ~ ~ °H*°`a~~ ~ 4 -~• . 'e 9 .. a ~~ .... ,. _ - - (sounl Lw~ARDr wmE PER SmEET scN) e ~ e ~ ®= e v m ~ ~a 1 e v ~ • PLNrt Sm wim"o-nm arr" is w ~ .win u'ic m°.r~ixL B NCMT a wAr a s ~ ~ vii eNin'ucaa _ ~ - s Q .~ ,= o m ~ ~ .m = ~ >e 6 m >e m ~ .,.,~ ,.,..~... J _~ 116 ~ N.T M.,. NL N.Me,L auNN~ n aea~n aw M - - - - I Ig ,< ENE eT Neon aN ,n „~ . rn aa,a.D~ a",. Cm ' °u ^ NNE.DnD H „rlmNt > M aNRaCME I A.DSrtam4aL ,a ;:• '-..-~r~ .r.__;i •-, ,.... i - ~.., .. ~• ~ ~•:~ - _--_____-__ x N>TUYea rn.mN Larmr ~amrax Ike I ~ ~ ~ ' ~M I . ~I~ ~ ~. r...l ~ ~+°:'N°°".»tiw «_.:: ""' e~N."•n~° .nom E~.~ am.L ~N. ,n rw~, ..,a.. n Naam e M . ~. , _ W I fl I I 1 • m'N"'a~~10A0 ~ m wN"'"n. M ~rn N"'.~c N"""ay nwoa~'"n lx54D sr. ~ I ' °' °' ®~, I . ,-- ' I ~A, ® ,~ vAAm ~ ~ ~ rxNa 4 PROPOSED BDMD W BONID iFIICE a 1 M ~ --- ($EE Ambl PL.WS TGI DETA65) ~,~ n ~~ ea E,e ~,~~--mow =- e----~-w-J------- -~ - -.~..~~{ - ra PRDIECT rMy w L /L pLE ~~ ~ ~ 11 I I I (I ti I~ I I '~. ~,AE~ n ,,,,,~, ~. ~~,,,. „~n,n 1 ~ Ae..ao,e <"NNR`..°..:. n,4~ L.,,D~~~L.Ni .~N.. _ N (.I I~ I I I" r oD. A..~nNE DR.• I W f I I I a ~ in I I y I P I I(I I I I ~,o~ N.,,~,w «" ~ $ I 15 1 I I ~ I 1 I i I l a l l I I I " m'"~ MmD ~E ~ ~ N.~ n'a M•m Ate.. M LNDNN..m.R,La~. I\ " Y~~ a ;x~ :n.'„•~ N. Lr.a• Pn A Nn.N aE I I 'I I ~ I I Z I ~~• ~~:aC.,NN"°°°rol~:i~"~:a:~a~"°NTN I I I ~ II I~ f l I I I I IL I `I .~ I I I ( t •" 1°.w~." :w N°`i°.N°XfA`iic m~ow..~e x Sx m Loan I•. " : •,..`"""Y;v ,~"N ~' > `,.".°I ";DN'n"wa.:'°aS D•g1Y°"wN" L _ ~ I I I I I I f reDa. I ~ I I' I I I I I I'I I I I I' DESIGNED AND WST.W.ED fiYROMERS BE 0 ~~ a a W~ St m ~$d~~ I -,~ ,,~ o ~S,L~NN~nrNAa~i ~ p~ N ~ NN[ P 8 -\- M[ ~..wu~RroR..".u~x aru xw¢~AxumL rMwwE NAnnN. ~^ .N ~~m ~~.... m. x _ - .~.wua wwi.NUA ~ ~~~~>r NN.-~.. ~, ~ ,~au,..,~>o. Nw~ ~..,S...m..Ne.e.. m ,.r °.~~ ~,....ro,.... TD D ED .D w > o e ~ . ,NNa...N,a..< „~.a.N,~.eN xNNNn.~e.n~onm. PERENNIAL PLANING DETAIL ..~ ~~TREE PLANING DETAIL "'m"O"Nq MOe~`~ ~~ ~DONIFER P •~TING DErAIL~"~'~°""~` LANDSCAPE PLAN 1 of 1 a, ,a .~ a~ a"e ,a,N N,aa..,«n NA~ NaE ,a ..., Dg aNLT laNN N,AOr MNE NNDNL Na ,~ Mr !M N.n, EX)FIIBIT C STATEMENT OF PURPOSE AND INTENT Petitioner is seeking to rezone the subject properties to Community Business District (CB) for the purpose of constructing and operating a Walgreens Drug Store at the proposed location. A drug store is a permitted use in a Community Business District, and rezoning of the property necessary to support the store would not be inconsistent with the City of South Bend's City Plan and would be consistent with the current and future use and development of the surrounding area. CB zoning is appropriate for this location, as it is located in a commercial district where there are numerous existing retail and service businesses that serve the surrounding area, including single-family residences and a large apartment complex located directly adjacent to the subject property. The parcel on the corner of Western and Lombardy is currently zoned CB. The other zoned parcels are MF-1 (Urban Corridor Multi Family District) and LB (Local Business District); and a rezoning of these parcels to CB will not be inconsistent with the use of the surrounding properties and will unify the entire area for future use under a single zoning classification consistent with current use. Concurrent with the filing of this Rezoning Petition, Petitioner will be filing an Application for Minor Subdivision, to bring the subject properties under a single legal description and common use. If the new legal description based upon the minor subdivision application, which incorporates the subject properties, is not issued or otherwise approved prior to the approval of this Rezoning Petition, Petitioner requests that the rezoning be approved as to each parcel individually as requested. Further, if the new legal description based upon the minor subdivision is issued or otherwise approved, Petitioner requests that the rezoning be granted as to the property which comprises the single parcel pursuant to the minor subdivision. f" l ~~ ~ ~ l~ ¢,1 4.',N.C', - '~ C~~cu ;~` EXH]BIT D SURROUNDING OWNERS Rec PARCEL ID NAME 1 STREET CITY STATE ZIP 1 18-4137-5422 DELAYER RONALD JMISC 506 LOMBARDY South Bend IN 46619 2 18-4137-5423 PACHECO OLIVIA P 4442 HURON ST South Bend IN 46619 3 18-4137-5424 CHWALEK TED T. AND II2ENE D. 4436 W HURON South Bend IN 46619 4 I8-4I37-5425 CARRILLO JOSE 1226 JOYCE DR South Bend IN 46619 5 18-4140-5514 ZAKROCKI LEROY H W/ LIFE ESTATE FOR GERTRLJDE ZAKROCKI 450 S LOMBARDY DR South Bend IN 46619 6 18-4140-5515 MROZINZKI ALICE 4441 HURON South Bend IN 46619 7 18-4140-5516 ORANGE KYM 4433 W HURON ST South Bend IN 46619 8 18-4140-5518 DEKA GLENN J & PATRICIA S 4423 W HURON ST South Bend IN 46619 9 18-4140-5519 LOPEZ RICARDO & MARIA A 4411 W HURON ST South Bend IN 46619 10 18-4140-5520 CIESIELSKI ERViN J. AND MARIAN 4407. WHURON ST South Bend N 46619 11 18-4112-414805 DONALDSON PERRY & BEVERLY 57275 WfI?TE PINE TR South Bend IN 46619 ' I2 18-4112-414809 APEX PROPERTIES INC. %JOHN $ECKER 2400 MIRACLE LANE Mishawaka IN 46545 I3 18-4112-414807 BELLEVILLE CORP 2400 MIIZACLE LN Mishawaka IIv 46545 14 18.-4112-414803 PEREZAIXSAM.D. 1712LWWSTEA Osceola IN 4656? 15 15 18-4112-414801 BELLEVILLE CORD 2400 MIItACLE LN Mishawaka IN 46545 16 18-4112-414802 JONES LAURENCE D & 18353 FOREST BEACH DR New Buffalo M] 49117 DOROTHY L POB 130 17 18-4112-414806 WESTERN MANOR P O BOX 730 Mishawaka IN 46546 APARTMENTS 18 18-4112-414811 KROGER COMPANY P O BOX 50409 Indianapolis IN 46250 19 18-4112-414810 KROGER LIMITED 1014 V1NE ST Cincinnati OH 45202 PARTNERSHIP 1 20 18-4125-4886 TRI STATE PROPERTY 3828 MOBILE AVE Fort Wayne 1N 46805 MANAGEMENT INC SUBJECT TO LEASEHOLD EST TO GAYLE S WAKEFIELD 21 18-4127-502301 FBT BANCORP INC PO BOX 1602 South Bend IN 46634 22 18-4124-4818 PHOENIX PLAZA JOINT 227 W TRADE ST STE 400 Charlotte NC 28202 VENTURE % BODNER.MGT CORP ATT MARGARET WOOD ~ ,~ Ak~sy ~~~~~ ~~ ~1~~~'. ~~;~,R - 5 200$ Cl' 1 _.... .rte 16 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF GOLDEN AVENUE FROM WOODWARD AVENUE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST EASTNVEST ALLEY SOUTH OF GOLDEN AVENUE FROM RIVERSIDE DRIVE TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear ail petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first alley to be vacated is the first East/V1/est alley South of Golden Avenue from Woodward Avenue to the first North/South alley for a distance of 120 feet and a width of 14 feet. The second alley to be vacated is the first East/V11est alley South of Golden Avenue from Riverside Drive to the first North/South alley for a distance of 120 feet and a width of 14 feet. Being a part of the Shetterley Place 3`d Plat, Portage Township, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 18-1061-2587 18-1061-2586 18-1061-2608 18-1061-2641 Section IV. The purpose of the vacation of the real property is for safety and security reasons. The side door to our home at 1043 Riverside Dr. opens right on to the alley with the potential of the door being opened or someone stepping out into an oncoming vehicle. Secondly, pedestrian traffic uses this side alley its' close proximity to our home diminishes our privacy and increases our need for security measures. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and upon recording of a cross easement between the property owner and the contiguous property owners. ~-- ~ I ,1~ Member of the Common C~incil Attest: City Clerk City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana PIJSLfC i-lEAG:ING 3 rd READfNG FSOT APPROVED REFL•RRED PASSED .. Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. ~i~ ~ ~l~rt~'c ~~~ECe BAR 2 0 2oas JOi',2l ~~~ BEPID, IN. CITY CL~Pi~, PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE; S 1Zc u I (WE), 7HE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: ~,~ i~~ i~(a2~ k~s~.~ t-~ Ac.~.~Y ~,~s-~ yr ~--~,~ ~~ t~y~. ,~~~ ~1~~~+~ o r i,voo4~~0 ~y~. B. THE STREET DESCRIBED AS: NAME (signed ~ printed) N1,ic.I~~EL ,~1~IS~5 ADDRESS LOT # (8-toe,t -2.5"7 CONTACT PERSON (S) NAME: jUt I GIB ~C U ~ ~ ~ SES RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-C T SOUTH BEND, IN 4660 `t ~~ ~~ ~'~"a~' ~'s~i~e 574-235-9221 'MP"-"-"`~"° ~"'°"PHOfiIE: (otj.3 GZI UE~Sr t,~ ~2. ADDRESS: s 1~ ~Z~3 -c~~2.z ~,~ ~f~,, ;,. ~:,,,~ _ ,. t.~v3 va~``:id t:Ly'u~ ~~ I Y r:. 'iih~ ~:~~. r"a6~~ ~~. ~~ ~h i Oh ~~~ / ~ ~h SHE~~ER134 129 SNR~ ' CALIFORNIA AVE. LEGAL DESCRIPTION: ~ O~ ~~ The first alley to be vacated is the first East/West alley South of Golden Avenue from Woodward Avenue to the first North/South alley for a distance of 120 feet and a width of 14 feet. The second alley to be vacoted is the first East/West alley South of Golden Avenue from Riverside Drive to the first North/South alley for a distance of 120 feet and a width of 14 feet. Being a part of Shetterley Place 3rd Plat, Portage Township, City of South Bend, St. Joseph County, Indiana :ets County Parcels Re pARCELID NAME_1 STREET CITY STE Z(P 1 18-1062-2664 NORTHWEST NEIGHBORHOOD INC PO BOX 1132 South Bend IN 46624 2 18-1062-263501 KAHAL 1NA E 611 CALIFORNIA AVE. South Bend IN 46616 3 18-1062-2636 BILBREY DANIEL G. & JOYCE A.MISC 613-615 CALIFORNIA AVE. South Bend IN 46616 4 18-1062-2666 JOHNSON FRED 1019 WOODWARD South Bend IN 46616 5 18-1061-2588 SHILLINGSBURG PETER L & MIRIAM J 1041 RIVERSIDE South Bend IN 46616 6 18-1062-2651 STEYAERT PHILLIP 712 CALIFORNIA ST South Bend IN 46601 7 18-1062-2637 HANTUBA JOYCE 243 E BROADWAY South Bend IN 46601 8 18-1061-2607 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 9 18-1061-2580 SYSYN ROMAN 1067 RIVERSIDE DR South Bend IN 46616 10 18-1062-2650 WILLIAMS GARRETT R 66880 SMILAX RD North Liberty IN 46554 11 18-1062-2649 NEAR NORTHWEST NEIGHBORHOOD INC 1007 PORTAGE AVE South Bend IN 46616 12 18-1061-2591 WRIGHT LORRI J 1033 RIVERSIDE DR South Bend IN 46616 13 18-1062-2663 BURNETT CALLIE A 1005 WOODWARD South Bend IN 46616 14 18-1062-2667 LEONE CHARLES 719 CALIFORNIA ST South Bend IN 46616 15 18-1062-2635 RATCLIFF JUDITH M AS TRUSTEE OF JUDITH M RATCLIFF REVOC TRUST PO BOX 2 South Bend IN 46624 16 18-1062-2674 FEWELL WILLIAM D & BARBARA 1157 E CAIVERT ST South Bend IN 46613 17 18-1062-2670 FEWELL WILLIAM D & BARBARA A 1157 E CALVERT ST South Bend IN 46613 18 18-f062-2665 NEAR NORTHWEST NEIGHBORHOOD INC P.O, BOX 1132 South Bend IN 46624 19 18-1062-2668 K16UTU MARY 7412 CHADWELL CR UNIT 203 Windsor Mill MD 21244 20 18-1062-2669 JOHNSON ANNA 1901 OSOLO RD LOT # 208 Elkhart IN 46514 21 i8-1062-263$ MATERNOWSKI PHILIP C & CAROLYNN W 1010 WOODWARD DR South Bend IN 46616 22 18-1062-2672 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 `23 18-1062-2671 TURNBO JAMES E 23125 ACACIA PL South Bend IN 46628 24 18-1061-2596 BENNETT RICHARD J AND HELEN M 1017 RIVERSIDE DR South Bend IN 46616 25 18-1062-2639 MABRY BRIAN & LAURA 1014 WOODWARD South Bend IN 46616 26 18-1061-2595 SIMA JOSEPH C & BONNIE M SIMA 1013 RIVERSIDE DR South Bend IN 46616 27 18-1062-2640 HARDING MICHAEL &HARDING KIMBERLY %OPTION ONE MORTGAGE P.O. eOX 1941 Mishawaka IN 46546 28 18-1061-2594 REASOR TERRENCE L 1021 RIVERSIDE DR South Bend IN 46616 29 18-1061-2593 BISCUSO DOMINIC W & LEDDY KELLY M AS JOINT TEN W/EROS 1025 RIVERSIDE DR South Bend IN 46616 30 18-1062-2641 BARTHOLOMEW DARLENE E TRUSTEE OF THE DARLENE E BARTHOLOMEW REVOCABLE TRUST DATED 6/28/05LIFE ESTATE 53278 BA-J-ER LANE South Bend IN 46635 31 18-1061-2592 TASCHETTA JOSEPH J & HUGHES ROLANDA L 1029 RIVERSIDE DR South Bend IN 46616 32 18-1061-2608 HEAMON THERESA 1026 WOODWARD AV South Bend IN 46616 33 18-1061-2590 BUTT RYAN D 1035 RIVERSIDE DR South Bend IN 46616 34 18-1061-2589 SMITH JACQUELYN G 1037 RIVERSIDE DRIVE South Bend IN 46616 X35 18-1061-2606 MCCARTHY JOHN & BRENDA 3523 FALLEN LEAF LANE San Antonio TX 78230 36 18-1061-2605 EMME ERIN S & MARY D 1038 WOODWARD South Bend IN 46616 37 18-1061-2587 NEISES MICHAEL A & CHRISTINE M 1043 RIVERSIDE South Bend IN 46616 ~/ 7 .f .~ 38 18-1061-2604 BRIDENSTEIN REBEKAH K 1040 WOODWARD AVE South Bend IN 46616 39 18-1061-2586 WILBER MARY ELLEN 1910 E JEFFERSON South Bend IN 46617 40 18-1061-2585 PRICE THOMAS M & ANN GRAHAM PRICE 1049 RIVERSIDE DR South Bend IN 46616 41 18-1061-2603 SEAGO LOUIS M & LOUIS M III & MICHAEL D AS JOINT TENANTS W/A FORS 2506 S MICHIGAN ST South Bend IN 46614 42 18-1061-2584 LEONE CHARLES 5 1055 RIVERSIDE DR South Bend IN 46616 43 18-1061-2583 LEONE CHARLES S 1055 RIVERSIDE DR South Bend IN 46616 44 18-1061-2582 BARABASI ALBERT-LASZLO 1059 RIVERSIDE DR South Bend IN 46616 45 18-1061-2581 TAYLOR BYRON J 1061 RIVERSIDE DR South Bend IN 46616 46 18-1061-2579 HARTZ CHRISTOPHER R & MEGAN CONWAY 1069 RIVERSIDE DR South Bend IN 46616 ~G;~GiCi(3L- - Z` r•., . -. h~9AR 2 ~~~ %:"" ° CITY G.l.: F ,:,.,;(~, s~'d. t j c 2. ~ nn '~w~,y,-~~ - ~ l ~ ~,~-~-~- 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVAP.D SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH SEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS Juiy 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 PHONE 574! 235-9251 FAx 574! 235-9171 TDD 574/ 235-5567 RE: Alley Vacation -Entire North/South Alley East of Golden Avenue and North of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area Plan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way dill cult or inconvenient subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be~ problems with garage access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Conunon Council. Please contact Tony Molnar at (574) 235-9254 prior to pickinir up your radius map.. GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS ~ PRESIDENT ~ MEMBER MEMBER i June 23, 2007 Neises, Mike Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, 1 inda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering March 20, 2008 To: Common Council City of South Bend From: Michael Neises 1043 Riverside Drive South Bend, !N Re: Petition for alley closure Dear Council Members, Our desire for an older home along with a strong impression that South Bend was making a renewed commitment to its neighborhoods led my wife and I to move from Granger in august of 2fl06 and purchase a previous rental property at t 043 Riverside Drive. One of the undesirable features of the property is a cross-alley on the north side of our property, particularly because our home sits right on the alley without any buffer. Our side door literally opens on the alley, with the risk of being hit by a vehicle when opening the door or stepping out of the entryway. Traffic, though very limited, moves too fast, and is of a "cut through" nature. It is generally an unsafe area as it relates to traffic, and a particular concern for us as we age, and also when we have our grandchildren over. A second concern is the matter of privacy and safety, both for us and our property. The alley gives access to individuals to our side and back property in a way that makes us feel vulnerable at times, and we have had a few instances of teen boys just hanging out in the alley, literally right under our windows. We therefore, respectfully request that the Common Council render a favorable decision and vacate the alley described in the ordinance. Sincerely, Michael Neises ~~~'!C~ ~-~'ia~ $~ ~f~~~°~'~ n; 1j'4 ~,:.. CCT`f CL~YD. 6G~~ ~-, P~~ 1316 COUNTY-CITY BUILDING 227 ~`/. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUEC1tE, MAYOR ~O~D OF ~UBLIC W OINKS PHONE 574/ Z35-9251 F.ax 574/ 235-9171 TDD 574/ 235-5567 July 23, 2007 Mr. Mike Neises 1043 Riverside Drive South Bend, Indiana 46616 RE: AIIey Vacation -Entire North/South A11ey East of Golden Avenue and North of Woodward Avenue Dear Mr. Neisel: Upon review by the Engineering Division, Area PIan Commission, Community & Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office, the following coirunents and recommendations were submitted: Area Plan stated that the vacation tivould not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Fire Department stated that the alley vacation may make it difficult for the homeowners to use the garage. Community & Economic Development stated that there may be problems with garage . access by existing adjacent property owners because all four garages are oriented towards the alley proposed for vacation. You will need a radius map showing properties within 150' of the proposed vacation and an executed Cross Access Agreement for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius man CrARYPi. GILOT, P.E. CARL P LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER Jane 23, 2007 Neises, Milce Page 2 of 2 Once these concerns are addressed and you have the radius map, proceed to the City Clerk's office for your alley vacation packet. Once you return the petition to the City Clerk' s office, they will forward a notice of First Bearing, upon which the Board of Public Works will forward their recommendations to them. Sincerely, _ , ' ~ `~ inda M. Martin, Clerk c: Jeff Gibney, CED Tony Molnar, Engineering Janice Talbooin, City Clerk's Office Carl Littrell, Engineering INTER40FFICE MEMORANDUM BOARD OF PUBLIC WORFCS TO: ~arl Littrell, Engineering Department ,,,~' h FROM: Linda M. Martin, Clerk ~~~.., RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 o n Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development mob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department ,.~tephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(c~nisource,com or 284-2220 fax) For Informational Purposes Oniy DUE: July 2. 2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin,gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: DATE: ....i _...__. ........ - ... ._......---... ._ ._.. ... .:....... _ .. .... ._.... .. ... r - q .~ P /YP .............. .. 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E-mail size w~ i%i~ ~~~~ ti ~ l8 INTER-bFFICE MEMORANDUM 80ARD OF PUBLIC WORKS TO: Cerl LiNreO, Enpmeedng f~partrnent John Byoml, Area Plan Commission (235-8873tar~ Je%Gbney, Commundy 8 Economic Devetopn>ertl Chris Dressal, Community & Econvmle Development Bob A4elhla, Community & Economic Development Robes Sanders, Fire DepaAmem Jack Dillon, Sofid Waster William IGaus, Police Department Stephen Goen, Polce Department Cheryl Greene, CBy ANomeys Office Jim Befttrt, NIPSCOCrtretfm~nisovrce.com or284-2220lart)For Informational Purposes Only FRDtd: Linda A4. MarNn, Clerk RE: Request for Recommendation-Ailey ViCallon Locatlon: Entlm NorlhBoulh Mev Eest of Golden Ave and North of Woodwercl Avenue (Preliminary Review) DATE: Juna20,2007 DUE: JuIv22D07 . FAX OR E-MAILTG:, 276-9777! hnartin~aouthbendtn.aw , RtZl1RN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. BY: DATE: INTER-®FFICE 14+fEt4ffORA1VDUi~ i30ARD ®F PUBLIC Vt/l'~RKS t0: Cari Littrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Aftorney's Office Jim Bettin, NIPSCO (irbettin(cr~,nisource.com or 284-2220 fax} For lnformationa! Purposes Only FROM: Linda M. Martin, Clerk~,~-- RE: Request for Recommendation -Ailey Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E-MAIL TO:. 235-9171 / ImartinCa.southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: .,/, v r ,f ~ r , J a-~~ . U ,y ,p ~e rtQ~L~ ~ ,en -~~~i c ~ ~~~2'L~f~2.~r ~ J BY: ~ DATE: ~~.2I~~ 7 :SpUTH d~ joy ~U1yiJC;/i~ ~o~ I~`\ \EACE~ G ~frz- ~~^. a' r ~ 1865 k INTER-OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: Carl Littrelf, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste Wiliam Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin oC~,nisource.com or 284-2220 faxj For Informations! Purposes Only FROM: Linda M. Martin, Clerk;j~~--- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) ' i DATE: June 20, 2007 i DUE: July 2.2007 FAX OR E-MAIL TO:, 235-9171 / Imartin(v7southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. ' COMMENTS & RECOMMENDATIONS: .~ h-r~.r,s~ i2 sr ~ /;,~ e-r~ f' ~ yr.~ ~y- ~~11 vS .~"1~ti~ ~%~-,h r BY:_ ~~i9'Fry'7 _ //I~2~ DATE: ~ ~~i!/ ~~ , ' Jun 24 07 07:59a SBPD TRAFFIC (219)235-9308 p.IO tNTEFt-OFFICE NtEM01~ANDUM BO~R® OF PUBLIC VII®Rt:S TO: Carl t_ittrell, Engineering Department John Byorni, Area Plan Commission (235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (jrbettin(a~nisource.com or 284-2220 fax) For Informational Purposes anly FROM: Linda M. Martin, Clerk~~,.~- RE: Request for Recommendation -Alley Vacation Location: Entire North/South Aliey East of Golden Ave. and North of Woodward Avenue (Preliminary Revieev) DATE: June 20, 2007 DUE: Ju1y 2, 2007 F'AX OFt E-MAIL. TO:, 235-9171 / (martin~a~.southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: TE: la'~' ~r~a Plan ~~arnro~issi®n ®f St. Jta~ep~h ~®iunty 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director t ~ Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 June 25, 2007 The Board of Public Works 13`t' Floor, County-City Building South Send, Indiana 46601 RE: Vacation Entire North/South AIley East of Golden Ave. and North of Woodward Ave. Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient subject to cross access easements. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation woadd not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to cross access ease»tents and any further utility or turning radius easements recommended by the Engineering and Building Departments. Sincerely, ~!~ ~~, R bert Nemeth, Senior Planner Serving Souih Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana INTER•OF~ICfr MEMt7RANDUIIi[ BOARD OF PUBLIC WORKS TO. Carl Littrell, Engineering Department John Byorni, Area Plan Commission {235-96f 3 fax) Jeff Gibney, Community & Economic Development Chris DreSSet, Community & Economlo Development Bob Mathia, Community & Economic Development Robert Sanders, Fire Department Jack Dillon, Solid Waste William Kraus, Police Department Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, Nll'SCO (irbettins7a nisource com or 284-2220 fax) P~rpos®$ Onlyai i=R0litl: Linda M. Martin, Clerk~y~--- RE: Request for Recommendation -Alley Vacation Location: Entire NorthlSouth Alle East of Cold n Ave. and North of Woodward Avenue (Ar®liminary Review) 17ATE: June 20, 2007 DUE: July 2, 2007 1=AX OR E-MAIL ~'O:. 235.9171 I Imartln southbandin. ov RETURN RECOMMENDATIQN PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ~ /yj t~~a~ d l~d ~u,L'(" f ~ Tf1~ /IDl~7~,o c~N~RS fo tT ~ ~~~c~~,9~9G~', ~ ~ ?y~l S ~~~ ,p/ S G u_~'S~y c~.f l -7iL 7y~ !~ ~.2 0~i--'V~ ~r BY: ~~ ~~-rl~-~~ DATE: ~ c~ ~ ~~ Z0/Z0 39bd 1d~Q ~~II~ QN3H H1flOS 90669EZbL5 65~Ti L00Z/6Z/90 ~~ INTER-OFFICE MEMORANDUM BOARD OF PUBLtC 1NORKS TO: Carl Littrell, Engineering Department John Syorni, Area Plan Commission (235-9813 fax) ~• ~~~ ~- ~ q F ._; Jeff Gibney, Community & Economic Developme'nt~ ~~• . ~:,.,:~ i~ [ :,•,; ;:-~~ ~; Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development ,.l~~E ;,, `. Robert Sanders, Fire Department ! ~'~~ Jack Dillon, Solid Waste C,TY OF S0; r ; ; ; ~' _aa±-~ William Kraus, Police Department bIV. OF E:I~CIi~IEE;~(~' Stephen Goen, Police Department Cheryl Greene, City Aftomey's Office Jim Bettin, NIPSCO (jrbettin("a.nisource.com or 284-2220 fax) Far Informational { ~ Purposes Only FROM: Linda M. Martin, Clerk,~~.-- RE: Request for Recommendation -Alley Vacation Location: Entire NorthlSouth Alley East of Golden Ave. and North of Woodward Avenue (Preliminary Review) DATE: June 20, 2007 DUE: July 2, 2007 FAX OR E-MAIL TO:, 235-9171 ! tmartin(c"~southbendin.aov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: ,; ~, I ~~~ -~~ 0171E ITT i t71.,~2_1~S "rfitr= i -cal "PZCGP~-~ -~sT7 ~~ t~I~. BY: ~) lC DATE: ~. - ~~-~~ City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller Apri18, 2008 ~\ - ` (~ 6 ~ ~ ~~'~ Timothy Rouse, President J t N South Bend Common Council County-City Building South Bend, IN 46601 RE: An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing Pre-approved Payment of Claims Dear Mr. Rouse: Attached for filing please find the above-referenced ordinance. The proposed ordinance is intended to allow for payment of certain types of claims in a timely manner in accordance with Indiana Code 36-4-8-14. The ordinance is necessary to ensure that we axe following all required procedures for proper approval of expenditures, and at the same time, ensure that we are conducting city business in a timely and efficient manner. It is has come to my attention that our City Code does not include any ordinance that allows certain types of claims to be paid prior to approval by the Board of Public Works. Expenditures of city funds are generally approved by the Board of Public Works (`Board") at its regular meetings, including approval of claims such as payroll, insurance, utilities, rental agreements, bond payments, and taxes, Since the Board does not meet daily, the attached ordinance will allow certain types expenditures to be paid prior to Board approval. This list of permitted claims in the proposed ordinance is limited and is consistent with those categories of claims allowed for advance payment under state law. Any claims paid prior to Board approval would then be ratified at the next available Board meeting. Since the ordinance will permit the City to conduct its business in a more efficient manner and is consistent with state law, it is in the best interest of the City. The Council's approval of this ordinance is requested. I will present the ordinance to the Council at its Committee meeting and at the public meeting. If you have any questions, please contact me. Sincerely, ~/ /~~ t M. Catherine Fanello, CPA City Controller Fi1~~ ~a ~rk'~ f3~ic~ APR ' 9 2008 a~~~+ v~~ ~~ ao, lrl. C(TY CLEF1lC, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, -AUTHORIZING PREAPPROVED PAYMENT OF CLAIMS STATEMENT OF PURPOSE AND INTENT The Board of Public Works for the City of South Bend, Indiana ("Board") is charged with the duty and responsibility to approve the payment of certain claims made to the City. The Board meets regularly to conduct City business that includes the approval of such claims, but the Board's meeting schedule does not always allow claims to be paid in a timely manner. The Indiana legislature has enacted Indiana Code § 36-4-8-14, as amended from time-to-time, which permits certain types of claim expense payments to be made in advance of Board allowance. The Common Council of the City of South Bend, Indiana has determined that payment of those categories of claims described in Indiana Code § 36-4-8-14 can be more effectively administered by the enactment of an ordinance authorizing such payment. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. The Board of Public Works of the City of South Bend, Indiana, on request of the City Controller, may make claim payments in advance of Board allowance of such claims for the following kinds of expenses: (1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions; (2) License or permit fees; (3} Insurance premiums; (4) Utility payments or utility connection charges; (5} General grant programs where advance funding is not prohibited and contracting party posts sufficient security to cover the amount advanced; (6) Grants of state funds authorized by statute; (7) Maintenance or service agreements; (8) Leases or rental agreements; (9) Bond or coupon payments; (10} Payroll; (11) State, federal; or county taxes; (12) Expenses that must be paid because of emergency circumstances; (13) Fees and expenses related to real property transactions such as the cost of obtaining title information, and the recording of documents; and (14) Other expenses expressly permitted by state statute as amended from time-to-time. Section 2. Each payment of claim made shall be supported by a fully itemized invoice or bill and certification of the City Controller. Section 3. The Board of Public Works shall review and allow the claim at its next regular or special meeting following the pre-approved payment of the expense. Section 4. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common C uncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock . m. Mayor, City of South Bend, Indiana 1st FtE'AD{NG ~- ~ ~~~ PUaLIC HEARING 3 rd READING NOT APPROVED REFERRED PP~.S5EA ~ii~~ in ~i~~k'~ ®fiiice APR - 9 2008 aoxr~ v~o ~a ~~, ~~. C1TY CIEF~i:, i ;l1 No~ iz-off Written Commitments for Cooreman Rezoning at Lynnewood Avenue and Cleveland Road, South Bend, Indiana Dated: Apri128, 2008 1). To align as close as possible, the Developments' North Drive with the St. Joseph County Library Lynnewood Avenue. 2). Restrict Drive openings unto Lynnewood Avenue for exiting vehicles to only be allowed to go South from Development to Cleveland Road. 3). Developer to allow access from proposed Development to future non-residential development on properly adjacent to and East of Development property. 4). Each Store front in the Planned Development shall have a different fagade, in keeping with the proposed Development which is referred to as a "Lifestyle Center". 5). No Drive-thru facilities shall be permitted in the Northern-most building shown on the submitted preliminary site plan to help reduce noise pollution to the adjacent residential properties. 6). No curbs will be permitted along the Eastern pavement edge of Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the Development site. 7). Place a 6 ft. high Privacy fence along the common boundary between the Development property and the property presently owned by Patrick Romano which is located on Lynnewood Avenue. This is to help protect the Romano grandchildren and to prevent trash and pedestrian traffic from coming onto the Romano property. Also the Developer is to remove all "marked trees" that were selected at an on-site meeting attended by Patrick Romano, Councilman Ann Puzello and the Developer Steve Cooreman. The selected trees were located on both the Romano property and the Development property. 8). State in the Developments' Covenants and as part of the written Commitments that any product delivery times and trash collection times are to occur between the hours of 8:00 a.m. and 5:00 p.m.. All Developments' trash bins will be 100% walled off with lockable gates. A written scheduled routine for policing the Development site and trash and papers and a standard of lawn care and parking lot care, as far as weeds and snow piles are concerned. 9). Cooreman Real Estate Group, will not lease to any "undesirable tenants", such as: Liquor Stores, Tattoo parlors, Adult Entertainment type business, Cigarette Shops or other non-family uses. 10). No "Past-food" type Restaurants with aDrive-thru facilities shall be located at the Southwest corner of the Development along Lynnewood Avenue and Cleveland Road as shown on the preliminary site plan. A "Sit-down" Restaurant can be located at this location without aDrive- thru facility. ~II+~d In GI°~~'~ ®fflc~ MAY - 2 2008 ,JOHN V0~ R EttD, l4~,_ CITY CLERK, . REVISED 2/27/08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 1 (STEVE & JEAN COOREMAN) (NORTHEAST CORNER OF CLEVELAND ROAD AND LYNNWOOD AVENUE LYING IN~IEDLATELY WEST OF 21275 CLEVELAND ROAD SOUTH OF 52776 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 4.38+/- acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (51$) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy-five percent (75$) of the total assessed value of the land for property tax purposes. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST. QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 93.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E. , 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCES. 90°-00'-00" W. ALONG SAID NORTH LINE, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. c 2 SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate, with the exception of alI adjacent rights-of-way, is hereby established as "CB" Community Business District for Parcel I in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved .by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock M. City Clerk Approved and signed by me on the Day of at O'clock .M. Mayor, City of South Bend, Indiana s. FEADIhJG Z-II-`'y UULIC hiEARING `{-z-F"vS rd P.EADih~G IOT APPROVED ~~ tA0 ~) EFERRED A~~-. d ASSED 2 ~i{>~~ 1~ ~l~rc'~ ~ff~~e ~.,nft - 3 2coa J4'r':1`J UrJ01DE CITY GLEi'.P;, ;:;D, SEtJD, iN. ~~ ~ ~ ~__ RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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 9.82 acres in the NW1/4, Section 32, T37N, R3E, South Bend, Indiana, and which is more particularly described as follows: 31 lots located within the proposed Crescent Oaks, Section One A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8634826 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 753.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 624.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AND STONEHEDGE ESTATES, SECTION II, AS RECORDED UNDER INSTRUMENT NUMBERS 9516217 AND 9236154, RESPECTIVELY, IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 750.68 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.791 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIl'TION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C., ON APRIL 14, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATIVE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDIVISION. and these lots do not yet have individual key numbers but are part of the parcel with the Tax ID Number 26-1035-0589.02 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., 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 fmds 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 2 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 Ioss in the number of dwelling units, as documented by census information, local building and demolition permits, or certif Cates 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 properly 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. 3 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 ~ (L _o ~/ 1~lOT APPRO~EE~ ~` ~ ~.,~~-~t. ~ ylr.~~ rte.. Member of the Common Council 4 ~il~c~ !~: ~~~~ ~'~ ~~~~€ce APR 'i 5 208 JOHN VOORDE CITY CLERK, 50. BEidD, IN. 6~DOPTEI~ ~~~~ IJo_ Og- ~(z.. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 SOUTH GRANT STREET AND 601 COTTAGE GROVE AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 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 requesting that the areas commonly known as 701 South Grant Street and 601 Cottage Grove Avenue, South Bend, Indiana, and which are more particularly described as follows: Lot 62 & N'/z Lot 61 Gorsuchs 4~' Add. and Lot 28 & No. '/Z Vac Alley South & Adj. Cushing & Lindsey and these properties have Tax Key Numbers 18-4007-0236, and 18-1068-2914, be designated as Residentially Distressed Areas under the provisions of Indiana Code 6-1.1-12.1 et seQ., and South Bend Municipal Code Sections 2-76 et sea., and; WI~REAS, 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 WI~REAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and V~I~REAS, 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 fords 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-?-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 IIT. 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. 2 F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (S) 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 pxoperty tax abatement only and is limited to five (S) 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 (S) 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 Common Council PRESENT[D S -1 Z-v N07 APP~OVE~}. ADOPTED ~ ~~~~~ ~~ ~ierEc'~ ©fi#ice nG ~ ~ t11 l F Lr'~ _~..._..._1 JG;ii! +l~ ~i~e CITY CLE~X, ~~. ~Eti~, t~. RESOLUTION NO. A RESOLUTION CONFIRMING ~ ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1433 Northside Boulevard AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO-YEAR (2) REAL PROPERTY TAX ABATEMENT FOR River Rock, Incorporated WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1433 Northside Boulevard, South Bend, Indiana, and which is more particularly described as follows: Parcel I: LOT 113 & S '/2 VAC ALLEY N &ADJ EUCLID PARK ADDN; Parcel II: 18T 114 & S '/2 VAC ALLEY N &ADJ EUCLID PARK ADDN; Parcel III: LOT 112 & N %2 ALLEYS &ADJ EUCLID PARK ADDN; Parcel IV: LOT 110 EUCLID PARK ADD LOT 111; and Parcel V: LOT 109 &'/z VAC ALLEY N &ADJ EUCLID PARK and which has Key Numbers 18-6026-0707; 18-6026-0708; 18-6026-0706; 18-6026- 0704; and 18-6026-0703, as an Economic Revitalization Area; 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 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 annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $70,616. SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) 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 IV. 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 NOT APPR04'EE~ ~DOPT~ „ , , . ~€I~~ E[t ~1~'~~~fi~ce APR 2 3 2008 dG(it~ VOt~RG'E Ci'?"! CLEF~K, ~,7. B~~D, ltd. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 NORTH MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR 1ST SOURCE LAND TRUST #13 (ROBERT F. JAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1401 South Main Street, South Bend, Indiana, and which is more particularly described as follows: Lot 2 Studebaker Corridor 5~' Minor Sub and which has Key Number 18-8005-0230 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sew., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et se ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the ~ Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 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 completed by the Petitioner 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 the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the.other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and fmds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period five (5) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana.Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. The Common Council hereby determines that should the Company receive the Enterprise Zone Investment Deduction under I.C. 6-1.1-45 for the same property, this Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION IX. 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~.he Common Cou"ncii 1- PRESENTED S- I Z -a ~`EOT APp~OVED i'ADOpTED ~ii~d Its ~1~>~E~'~ 4EC~ MAY - 7 2008 JOHtJ VOCRDE 1200 C.OUNIY-G rv Bunnwc 227 W ~EFFERSON BOULEVARD Sourtt BENn,1NIxANA 46601-1830 PHONE 574/'">35-9371 FAx 574/235-9021 TDD 574/ 235-5567 . LI"1'Y' t)P SOUTH BENll STEPHEN J. LUECI:E, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT ~EFFREY V. GIBNEY PxI:<;uTrvE Draec'rt~a April 23, 2008 Council Member Derek D. Dieter, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: ls~ SOURCE LAND TRUST #13 (ROBERT F. JAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. Dear Council Member,Dieter: Please find attached the Department of Community & Economic Development's report on a commercial real property tax abatement petition for the above-referenced petitioner for construction of a storage warehouse and additional outside storage areas located at 1401 South Main Street. The petition was filed by Old Fort Building Supply of South Bend, Incorporated on behalf of the 1St Source Land Trust #13 (Robert F. Jagger). 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, 1St Source Land Trust # 13, proposes to construct a 12,000 square foot warehouse and adjacent outdoor storage area for the masonry products that Old Fort Building Supply sells. The total cost of the project is estimated to be $325,000. The petitioner is seeking afive-year (5) real property tax abatement, and a representative of the petitioner will be available to meet with the Committee on Monday, May 12, 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, ~f ~"~~ ,/~~f. ,fir, ,. Bob Mathia Assistant Director, Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL RC PROGRAM PAMELA C. MEYER DONALD F.. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARb Fnx: 574/235-90,97 5741235-9371 Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 1200 COLINTY-CFII' BUILDING 227 W. JEFFERSON BOULEVARD $OI;TH BEN[l, INC>[ANA 40001-1831) PNONE574/'235-)371 Fax 574/235-9021 "I'DD 574/ 235-SSC7 x.,17 T" OF SOU"1'H BEND STF.PHEN~. L.UE('F:E, MAYC)1: COMMUNITY ~ ECONOMIC DEVELOPMENT ~EPFREY V. GII3NEY I~~FCL17'ivr. I:~rRrcrcx; TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: 1sT SOURCE LAND TRUST #13 (ROBERT F. DAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. DATE: APRIL 23, 2008 On April 23, 2008, a petition for real property tax abatement consideration for property located at 1401 South Main Street was filed with the City Clerk by Old Fort Building Supply of South Bend, Incorporated on behalf of the 1s1 Source Land Trust #13 (Robert F. Jagger). Pursuant to Chapter 2, Article 6, Section 2-82 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 an Economic Revitalization 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, investigated the area, and makes the following report. PROJECT SUMMARY Old Fort Building Supply is proposing to construct a 12,000 square foot storage warehouse with the addition of an outside storage area for products specific to Old Fort's business. The additional capacity will enable the company to buy in larger volume and remain competitive in the current downturn of the construction industry. The estimated dollar value of the project is $325,000. Old Fort Building .Supply is a major supplier of construction materials to the Michiana area. Between 80 - 90% of the company's sales are to professional contractors and subcontractors. The main product lines are brick, architectural block, stone, landscaping pavers and wall, drywall, steel studs, insulation, acoustical ceilings and related products. COMMUNITY DEVELOPMEN'T' ECONOMIC DEVELOPMENT FINANCIAL SC PROGRAM PAtiELA L. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 5741235-9371 South Bend Common Council RE: 1 S` Source Land Trust # 13 (Robert F. Jagger) :April 23, 2008 Page 2 Additionally, Old Fort Building Supply is located in the Urban Enterprise Zone and may qualify for the Enterprise Zone Investment deduction. This is a 10-year deduction which covers 100% of assessed value from new investment, but requires the company to contribute 25% of savings to the Urban Enterprise Association. The department recommends that should the company receive the UEZ designation, the Tax Abatement designation shall become null and void. "total taxes to be abated during the (5) five-year abatement period are estimated at $33,441, Total .taxes to be paid during the (5) fcve-year abatement period are estimated at $22,294. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create two (2) new, permanent, full-time jobs representing a new annual payroll of $62,000. The project will also retain twenty (20) existing, permanent, full-time jobs and one (1) existing, permanent, part-time job representing an annual payroll of $950,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has been granted or associated with one (1) previous tax abatement. Term/Type Resolution No. Date 3-year real property 3642-06 9/25/2006 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 located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for real property tax abatement must first be approved by the South Bend Redevelopment Commission. 4. A review of the South Bend Urban Enterprise Zone finds that the property is located in the Urban Enterprise Zone Area; therefore, it is recommended that should the company receive the UEZ designation, the Tax Abatement designation shall become null and void. The Company may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. South Bend Common Council RE: 1 S` Source Land Trust # 13 (Robert F. Jagger) April 23, 2008 Page 3 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner does meet the qualifications for afive-year (5) real property tax abatement under Section 2-83.1, Warehouse Development in Economic Development Target Areas (EDTA), Urban Enterprise Zone (UEZ), and Redevelopment Blighted Areas (RBA). 1st Source Land Trust #13 (Robert F. Jagger) d/b/a Old Fort Building Supply of South Bend, Inc. Public Benefit Points Summary Qualify Earned Public Benefit Item: Y or N Points Project Related: 1. A. Redevelop a Site that has Special Needs N 0 B. Develop Based on Local University Research N 0 C. Achieve a Physical Element of a Plan Y 36 Sub-total Project Related: 2. Super Size Protects (point values are cumulative): A. 100% to 199% N B. 200% to 299% N C. 300% to 399% N D. 400% and Over N Sub-total Super Size Projects: 3. Construction Related: A. Employ Local Companies N B. Purchase Materials from Local Companies N C. Require Employees vs. Independent Contract N D. Require Target Wage Levels Y E. Require Health Benefits Y F. Require Pension Benefits Y G. Maintain Affirmative Action Plan Y Sub-total Construction Related: 4. Wage 8 Benefit Related: A. Pay Target Wage Levels Y B. Provide Health Benefits Y C. Provide Pension Benefits Y D. Provide Training Y E. Provide Child Care N F. Provide Transportation Assistance N G. Provide Employer Assisted Housing program N Sub-total Wage & Benefit Related: 5. Workforce Related: A. Create New Jobs Y B. Retain Existing Jobs Y C. Maintain Affirmative Action Plan N D. Provide Targeted Hiring Preference N Sub-total Workforce Related: 6. Pay for Municipal Infrastructure: (point values are Cumulative): A. Pay for Oversizing or Upgrading N B. Pay for 26-50% of Extension Cost N C. Pay for 51-75% of Extension Cost N D. Pay for 76-100% of Extension Cost N Sub-total Infrastructure Related: 7. Support a Municipal Facility: A. Support a Municipal Facility N Total Public BeneTit Points: 36 0 68 D 0 68 0 0 0 22 22 18 20 82 33 34 29 28 0 0 0 124 42 41 0 0 83 0 0 0 0 0 0 393 24-Apr-08 Available Points 49 35 36 120 25 68 65 52 210 20 20 19 22 22 18 20 141 33 34 29 28 15 14 9 162 42 41 35 34 152 14 26 39 52 131 84 1000 `Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 1st Source Land. Trust #13 (Robert F. Jagger) d/b/a Old Fort Building Supply of South Bend, inc. Additional Years of Abatement Multi-family Development Projects: From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 Other Development Projects: From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 1000 7 Subtotal from Points Summary: 393 Base Years of Abatement Additional Years of Abatement: Total Years of Abatement: 5 Tax Abatement Schedule prepared for: 24-Apr-08 1ST SOURCE LAND TRUST #13 (ROBERT F. JAGGER) d/b/a OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. South Bend Portage Township 5 Year Real Property Abatement Schedule' Total estimated Project Cost: $325,000 Base Assessed Value: $276,250 (base assessed value is estimated at 85% of project cost) Assume constant ta.x rate of: 5. ~ 524% Assume constant SRTC of: • 21.6906% Assessed Gross Less Year Value Tax SRTC 1 276,250 14,234 3,087 2 276,250 14,234 3,087 3 276,250 14-,234. 3,087 4 276,250 14,234 3,087 5 276,250 14,234 3,087 Net Percent Tax Tax Tax Abated Abated Paid 11,147 100% 11,147 0 11,147 80% 8,918 2,229 11,147 60% 6,688 4,459 11,147 40% 4,459 6,6$8 11,147 20% 2,229 8,918 55,735 33,441 22,294 Total Taxes Due During Abatement: Total Taxes Abated During Abatement: Total Taxes Paid During Abatement: 55,735 33,441 22,294 " -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. ESTIMATED TOTAL TAX REVENUE 1st Source Land Trust #13 (Robet F. Jagger) d/b/a Old Fort Building Supply of South Bend, Inc. REAL PROPER TY -EIGHT YEARS CURRENT BUILDING TOTAL Year 1` $1,170 $0 $1,170 Year2 $1,170 2,229 3,399 Year 3 $1,170 4,459 5,629 Year 4 $1,170 6,688 7,858 Year 5 $1,170 8,918 10,088 Total $5,850 $22,294 $28,144 `Current tax levy t~E F'\ ~`y~:.~; STATEMENT OF BENEFITS ~~ ~ REAL ESTATE IMPROVEMENTS :y %' State Form 51767 (R2 / 1-07) 'isia~ `' Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20~ PAY 20_ FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2, Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the CountyAuditor by the later of.' (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Beat Property annually to the application to show compliance with the Statement of Benefits. SIC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply fo any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. • . • Name of taxpayer Old Fort Buildin Su 1 of South-Bend Inc Address of taxpayer (number and street, city, state, and Z1PcodeJ 1401 S. Main Street South Bend, IN 46613 Name of contact person Telephone number E-mail address Robert F Ja er 574-289-5566 'a er oldfort.com Name of designating body Resolution number South Bend Common Council Location of property County DLGF taxing district number 1401 S. Main Street South Bend, IN St Joseph SB -Portage Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) New Storage Warehouse Bldg on current property 5/1/08 Estimated completion date (month, day, year) 8/1 /08 -.-. -. Current number Salaries Number retained Salaries _ Number additional Salaries 21 $950,000 21 $95U,u00 2 $62,000 -.-. .•-. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values - Plus estimated. values of proposed project 325 000.00 Less values of any property being replaced 0.00 Net estimated values upon completion of project 325 000.00 • • ~ ~ ~ - • ~ Norie ounds) Estimated solid waste converted (pounds) None Estimated hazardous wast e conv erted ( p ~~ ++ tt d e l Other6eneflts ~I{OLD SCI 4,FFF~",Ci~fJ ®i~l~i® APR 2 3 2008 JOHN VOOR~E CITY CLERK, S0. Eit:H~, IN. I hereby certify that the representations in this statement are true. Signature f ho ed r pr a tative - Title Date signed (month, day, year) ~i~_, ~-- President 04/18/2008 C) j/ ~ ~ Page 1 of 2 f • ) ~ ~ We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this t;ody. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: ; A. The designated area has been limited to a period of time not to exceed calendar years ` (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: ~. 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No j 2. Residentially distressed areas ^ Yes. ^ No I, ' 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to S D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). i We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and Dave ~I determined that the totality of benefits is sufficient to justify the deduction descrbed above. ' '~ I Approved isiyrrature and title of authorized member of desiynating body) Telephone numher Date signed (month, day, year) ~ Attested by {signature and title of attester) I Designated body I ~i ~ ` If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is I entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five {5) years. I B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period fs limited to three (3), six {6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 20D0,"the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 CITY OF SOUTH BEND PETITION FOR REAL PROPERTY 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 real property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et seq., and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. Describe the proposed redevelopment or rehabilitation project, including information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to . your business: Construction of a 12,000 square foot storage warehouse with the addition of outside storage areas for products specific to Old Fort's business. The additional capacity will unable us to buy in larger volume to remain competitive in the downturn of the construction industry. Land Size - 3$,000 square feet Land Size Building Size - 12,000 square feet acres;. Building Size sq.ft. 2. Describe the overall nature of the business and of the operations occurring at the Property (attach additional sheet if more space is needed): Old Fort Building Supply is a major supplier of construction materials to the Michiana area. Between 80-90% of its sales are to professional contractors and subcontractors. Our main product lines are brick, architectural block, stone, landscapingpavers and wall, drywall, steel studs, insulation, acoustical ceilings and related products. 3. Estimate the dollar value of the project (excluding land): $ 325, ooo, 00 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or improvement: $ 44, 700 5. (a) The real property for which tax abatement consideration is petitioned (Property) is owned (Rev 10;23/06) 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(%) 1st Source Land Trust #13 Robert F. Jagger 1401 S. Main Street South Bend, IlV 46613 100 (b) The following other person(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); NAME ADDRESS INTEREST(%) Old Fort Building Supply of South Bend, Inc 100% 1401. S. Main Street South Bend, IN 46613 6. The commonly known address of the Property is: 1401 S. Main Street South Bend, IN 46613 7. The Key Number(s) of said property is: 01 s-soo5-o230 8. A legal description of the above address is attached hereto, marked AExhibit A,@ and incorporated herein. Lot 2 Studebaker Corridor 5th Minor Sub 9. A map and/or plat describing the Property is attached hereto, marked AExhibit B, @ and incorporated herein. See Attached -Exhibit B ~ 0. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked AExhibit C,@ and incorporated herein. See Attached -Exhibit C 11. The redevelopment or rehabilitation project itself will create 2 full-time and o part-time permanent jobs within the first year, representing a new annual payroll of $ 62,000.00 and will maintain 20 existing permanent full-time and 1 existing permanent part-time jobs including existing permanent full-time minority employment of 1 and existing permanent part- time minority employment of 1 with an annual payroll of $ $950,000.00 12. The projected annual salaries for each new position indicated above are estimated to be as follows (If more space is needed, please attach a separate sheet): 2 (Rev 12/29/06) 12. The projected annual salaries for each new position indicated above are estimated to be as follows: Driver - $38,000.00 Helper - $24.000.00 13. Provide current employment wage information including; base rate, cost-of- living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements (average hourly rate or range): Laborers Technical Managerial Administrative Full-Time $ 9.00 - $10.00/Hr $ 16.50 - $18.00/hr $ $21.00 - $28.oo/Hr $.13.50 - $18.00/Hr Part-Time $ 10.00 - $12.oo/Hr 14. Indicate whether your company provides the following benefits (use Y/N): r Health Care Benefits Y Pension Plan Y Employer Provided Training (recognized or certified training/educational courses or programs) ~ Day Care (provide or contribute to the cost of child day care for its employees) N Transportation Assistance (provide direct or indirect support and assistance to its employees without private transportation to get back and forth from residence to place of employment) N Employer-Assisted Housing Program (provide an employer-assisted home ownership program) N Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the Community & Economic Development Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals). (Additional information may be requested for verification of the above items) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: Year Real Property Taxes Personal Property Taxes 3 (Rev 12/29/06) Reai Personal 2006 $1,170.43 $2,547.27 2005 $1,654.28 $3,106.00 2004 .~~1 ,.571 _80 $2, 959.88 2003 $1,598.99 $3,005.11 2002 $1 , 505.10 $3, 641 .36 (this information may be obtained from the St. Joseph County Treasurers office 235- 9531) 16. Please list the number of full-time and part-time minority employees for each of the last three years: Year 2008 2007 2006 Full Part Black o 0 Hispanic 2 1 Asian o 0 Indian o 0 Other o 0 Full Part Full Part 0 0 0 0 2 1 2 1 0 0 0 0 0 0 0 0 0 0 0 0 17. Does your business maintain an affirmative action plan or other similar plan in order to achieve racial diversity? if yes, please briefly indicate specific goals, objectives, and means as designated by your plan: ~ 18. Indicate whether or not your project meets any of the following criteria (contact Community & Economic Development Dept. 235-9335 for information on this section): No Conversion to residential use of a commercial AEligible Building@ as designated by the Community & Economic Development Dept. No Rehabilitation of a building that is either designated as a National Register or local landmark or is eligible for nomination as one, located in a National Register or local landmark district, or rated as Outstanding or Significant in the most recent Historic Preservation Commission county wide survey. No Rehabilitation and reuse of a property that is designated a Problem Property by the Community and Economic Development Department No Pays for the cost of cleaning up a ABrownfield,@ which is any site, building facility or complex that has been designated a brownfield by the 4 (Rev 12/29/06) Community and Economic Development Department. Yes Achieves a physical element identified in a development or revitalization plan that has been approved by the Council 19. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St. Joseph County, Indiana? If yes, please include a description of the research based aspects of the business (attach additional sheet if more space is needed): rlo 20. Does your business financially support a Municipal Facility (i.e. municipally owned-park, recreation center, cultural, arts, or entertainment facility)? No 21. Is your company incurring any of the cost of extension or oversizing of municipal infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (attach additional sheet if more space is needed): ~ 22. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). Attached 23. Information is required on the construction companies that will be utilized for construction of the project. (Please complete the table on page 9 of this application). Attached 24. 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 Property Owners signature at the end of this application is 5 (Rev 12/29/06) verification of this statement). No Permit 25. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAlCS) major group within which the proposed project would be classified, by number and description: 50: Wholesale Trade -Durable Goods 26. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 423300 27. The current use of the Property is outdoor Storage Area and the current zoning is Lr (Light Industrial) (This information may be obtained from the Building Department 235-9554). 28. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property) and date of approval. Yes -Real - 09/25/06 29. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund, Neighborhood Business Development Corporation, Corporation for Entrepreneurial Development; or other public financial assistance, including but not limited to public works improvements. crone 30. The following person(s) should be contacted as Petitioner=s agent regarding additional information and public hearing notifrcations: 6 (Rev x2/29/06) Name: Robert F. Jagger Address: 1401 S. Main street city, State, Zlp: south Bend, zrl 46613 574-289-5566 Telephone: 31. Please indicate the name, address, and telephone number of the person who will work with Employment Training Services (ETS) for employee recruitment, and sign the ETS form attached to the petition if the real tax abatement is for warehouse or industrial developments. Name: Cecilia E. Brom Address: 1401 s. Main street City, State, Zip: south Bend, nv 46613 Telephone: 574-289-5566 WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Robert F. Jagger, President Old Fort Building Supply, Inc. (Signed Name ' 'v 2ob~~" r - J ~J~~r (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 7 (Rev 12/29/06) ~ ,,~,.~ mss..., APR 2 3 2008 ~lUI;;4 VQ~;~~CE CITY CL~;~K, S0. BEND, !N. 22. In the following chart please indicate companies that were used for purchasing materials used in the construction or rehabilitation associated with the prof ect. Include the location of the company, description of the materials, and cost of the materials. Local companies include those located in St. Joseph County. Additional information may be requested for verification of this information. (If more space is needed, please photocopy this page) of Name and Address of Company Description of Materials Cost of Materials Grand Total Loca( Companies (see above): 1. 2. SEE ATTAC~IED 3. 4. 5. 6. 7. 8. 9. 10. Total Local °10 Non-Local Companies: 1. 2. 3. 4. 5. Total Non-Local GRAND TOTAL 9 `1--._ APR 2 ;~ 2aas .... '~i S0. f1GR:7 ~~ ,.~ ~, ° (Rev 12/29/06) 22. Anco Products, Inc 2500 South 17`" Street Elkhart, IN 46517 Building Insulation $16,000. Old Fort Building Supply, Inc. 1401 S. Main Street South Bend, IN 46613 A. Dow Styrofoam Insulation Foundation Insulation $2,000. B. Prosoco Products Concrete Sealers $2,100. Concrete Asphalt Recycling 2950 Lathrop Drive South Bend, IN Retention fill $ 800. GRAND TOTAL $20.900. Note: Balance of Materials to be supplied by sub-contractors. ~~~~ d rl~ ~ ~ v'. ~~9~; ~~~~~~~ L. ,4 P A ~ 3 2008 ~-~---_-~._~ L L•l ~. ~v ~!}!~ 23. In the following chart please list the companies that will be used for the construction associated with the project. Indicate the name and address of each company; list the dollar amount of the work to be provided by each company; indicate whether or not 100% of the workers are employees of that company and not independent contractors; indicate whether or not the company pays workers wages that meet the wage rates for each classification of laborers and mechanics published by the U.S. Department of Labor; indicate whether or i~ot the company contributes to a health plan for its employees; indicate whether or not the company contributes to a pension plan or its employees; and indicate whether or not the company maintains an affirmative action plan or other similar plan to achieve racial div rsity. Local companies include those located in St. Joseph County. Additional information may be requested for verification f this information. (If additional space is needed, please photocopy this page). 100% Workers Pay aintain are Employees U.S. Dept. Contribute Contribute Name and Address of Contract (Not Independent Labor Wage to a Health to a Pension ction Construction Com an Amount Contractors Rate Y1N Plan Y/N Plan YIN Local Companies (see above): 1. 2. a 3. 4. 5. 6. 7. 8. 9. 10. Total Local Non-Local Companies: 1. 2. 3. 4. 5. Total Non-Local ~ -~~-- GRAND TOTAL "' ~~a~ ~~~=~.:~'~ ':-;~~^y Total Project Cost from Petition ~._'a_e________'_ Difference (Please explain): APR 2 3 rU) (Rev 12/29/06) ~~' ~"~~----r 23. LOCAL COMPANIES: Torok Excavation 8c Demolition, Inc. $7,000. 825 S. Fellows South Bend, IN 4660] 100% of Workers are Employees No Pay U.S. Dept of Labor Wage No Contribute to a Health Plan Yes Contribute to a Pension Plan Yes Maintain Affirmative Action Plan Yes North Central Mechanical, Inc $15,271. 1721 North Cedar Street Mishawaka, IN 46545 100% of Workers are Employees Yes Pay U.S. Dept of Labor Wage Yes Contribute to a Health Plan Yes Contribute to a Pension Plan Yes Maintain Affirmative Action Plan Yes TransTech Electric, L.P. $34,845. 4601 Cleveland Road South Bend, IN 46619 100% of Workers are Employees Yes Pay U.S. Dept of Labor Wage Yes Contribute to a Health Plan Yes Contribute to a Pension Plan Yes Maintain Affirmative Action Plan Yes NON-LOCAL COMPANIES: Ancon Construction Co., Inc. '~ $243,600. -^--~ 2164 Elkhart Road ~^ Goshen, 1N 46527 Y~> (""'°'-~-~- r 9 100% of Workers are Em to ees Yes 1 q v ~ I `" ~' Pay U.S. Dept of Labor Wage Yes ~' ,~L;! 1 "= ; ,~ o Contribute to a Health Plan Yes ~ ~„s ~ "~ ~ Contribute to a Pension Plan Yes ~ ~ ~ ~ ~' Maintain Affirmative Action Plan Yes ~ ~ _ ~•~; Q ! - a g~ ~y ti M [4+'~S1 } :t:. ,.... 4 ~~~ c ~,.: • s gg Cam; i. ~ ~ ~ 'i . ~: t ~ ..: L ~ y ~. ~ _ ~ ' Y . ~,...3 i_ 1 € .x. . -. W H I I ~~ i~ ~' 5~I Ri Ix i ~__ ®' i a .v4u ~O' ww. inr~ei '~ o~wau ~n, BROADWAY STREET 74 2006 SOUTH SITE D~VEL'PLAN NORTH 26 I `~ ` I~~ re 27 ~ ~IS ~I I ~I W 1 1I I 2B i~ H W N it i~ t' t i, t~ 29 tl I, t ~ ~I Z a ~ ~owM W/.¢ivl~•al.~rs ~mKFVmMV11~ENwfcO•tLwwllGw lOtIIWM ~ViIGfuMf~ ~R1s m~Y xEtEMnd vnwF ~wwKO • T ~m O W ~u ~~ 9~IfN Y/ ~? (3 na 6i 555 ~~ c] ~ ~ ~~~ F" ~ E U ~~d~ camc~' yGy d ~I ~Qf~ ~/+\ d~ Y ~~ Z ~~ F ~ J ~u a° a via s ?N ~ ~c o~ b x~ ~O € ip ~ r~ °o ~ N R 3 tea, p. ~ & p S-1D 1 Y Yahoo! Maps - 1401 S Main St, South Bend, IN 46613-2205 Uld Fort Building Supply (574j 289-5566 Yahoo! Maps -1401 S Main St, South Bend, IN ~A~o+~~ ~ocA~ Map. 46613-2205 ~A~'~acc St . ~ „y~, W ~uih St . a . ~ E Sl th _ r, - E South St ''ftrrdSt m' ~ ° ,? .. ~ vs. ~;?_ :C ~ °. ..~ ~ ' ` nt Seltrw ' ~ ~; ~• ~. ~,• r ~ • '^ -- ~ h ~- ~ ~ Ave ~ Uunham~t .. ~' 1714 31 ~ . ~ E7uttSt ~ -~ . AFL er c ~ WS~Jmp!e. _ :;"W~~fitlp~St ,.._ _ '.. ....... "~:~ 933 _.[Sarnp'.c5t ~ l ~ .-' ~ ` ° , Ohio St ~~. o ~, u, . Kerr 5t Garst St . Carst St' ~ ~ n G~ ~i 't~ ° ~~ Ce ~ son BIvcS ~ Lcan lrth , ~/ y ~t` i G; ~ ~,~ cy ~, v? Caner St h .- a . Yi .., 4 v+, NanNy Ave +G, Harrty Ave , f_ttvrrt3 Sl __ ..[tiiiJ~nalwe _,~,_.: __. _ ~, EUubail E Cuta~ 5t c UubailAve 4• 3, y c, ., w v1 _ ,, ~ ~ ~ E Cdyton St r E~ w - ` ~ c ~: Bruce 5t ~ '~ ° ,~ ~ 31 `' '=~ ~ ~ 1`8<itan - St:.~~~:rr ~ r ~- ~ E Calvert 5t v~ ~ ,- <' L ~ Y~~-~' ., ~ 3 St ~ G0./~L~lJtSt' ~ ~ E U'ovrman St ~ , ^ bV L~csnald Si ~, ; ' St ~ ~ E foX St ~ 1000 m _.. __ _ __.~.. :W EwingAvC ;:~ ~_ ~?.._ _=EEt6ingAvc. _ -- __. _. n, . _ to mi I E Aftgeid St dYatwot2006.Data¢'AUIYTEQ2008 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Page 1 of 1 http://maps.yahoo.com/print?ard=1 &v3=0&.intl=us&&mvt=m&tp=1 &stx=&clat=41.659787&clo... 4/23/2008 ~~ ~~; ~ ,, , -. ... 7~ ~~,: _ , cc ,_ iii! ~ 1. ~ i Y f ,., ~'YS`': .. - . ~ ~ , ~~~.: i ~. y p :1,1.~. ~ , ..r ~,.. ~• )y ~~ . :. ~ ~ ^ , •' .. . ~..n:~ ~ z i- r ~.. i .. ~ e .-- ~~~;%~-1%!~JU xasiis CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2-83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees ~ to work with WorkOne Northern Indiana, .851 South Marietta Street, South Bend, Indiana 46601 , as a condition of receiving property tax abatement. 1st Source Land Trust #13 /Old Fort Building Supply of South Bend, Inc Petitioner's Name Robert F. Jagger, President Agent's Name Acting on Behalf of the Petitioner Cecilia E. Brom Contact Person 1401 S. Main Street Street Address South Bend, IN 46613 City, State, Zip Code 574-289-5566 Business Telephone Number / ~__ -, , R .~1 Y~a~~\:I Signature of Petiti e " ' ``~..~..~.~ T _..~. ,., I ~ ~1 ~ a_ .. _~J ~U'~l Y rr1 C' iT,~ cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Committee Department of Community and Economic Development City Clerk's Office RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN -SECTION I (A certain 51 lots located on approximately 56 acres north of Brick Road, and west of and adiacent to the U.S. 31 Bypass) AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WI~REAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as A CERTAIN51 LOTS AS LISTED IN EXHIBIT A TO THIS RESOLUTION, ALL IN THE VILLAS AT LAKE BLACKTHORN -SECTION I, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VII.LAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL. ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH. 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT OF RICHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, A5 RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. 2 and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et seQ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 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 azea is comprised of pazcels 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 3 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 commencing from November 12 2008, or the date ofthe adoption of this Resolution bathe Common Council whichever date is later. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Boazd of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the azea herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years commencing from November 12 2008 or the date o the adoption of this Resolution by the Common Council whichever date is later. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declazation. 4 SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. '_'` ~ n,,,,/ ~~~a ~ ' '~f 4A..~~ F ~° Member of the Common Council`" PPESEhiTEL? 1~'Ot APPROt,!F~ S~ct-~~ Ftt~d !n ~t~~tc'~ ~~#tce ~ AY - 7 2008 5 ,~pl~N VO~R~Es Isl. CITY GLE-"~K, ~~. eE:h~, .~DpPTEO Exhibit A THE VILLAS AT LAKE BLACKTHORN -SECTION I LIST OF 51 LOTS LOT # STREET ADDRESS KEY # VLB lot 6** 4622 Lake Blackthorn Drive 025-1010-017624 6616. Dockside Drive VLB lot 7 6568 Dockside Drive 025-1010-017625 VLB lot 8 4636 Starboard Drive 025-10i 0-017626 VLB lot 9 4644 Starboard Drive 025-1010-017627 VLB lot 1 i 4710 Starboard Drive 025-1010-017629 VLB lot 12 4720 Starboard Drive 025-1010-017630 VLB lot 13 4728 Starboard Drive 025-1010-017631 VLB lot 15 4746 Starboard Drive 025-1010-017633 VLB lot 17 4814 Starboard Drive 025-1010-017635 VLB lot 18** 4822 Starboard Drive 025-1010-017636 6506 Still Waters Court VLB lot 19 6510 Still Waters Court 025-1010-017637 VLB lot 21 6507 Still Waters Court 025-1010-017639 VLB lot 26 4938 Stern Line Court 025-1010-017644 VLB lot 27 4946 Stern Line Court 025-1010-017645 VLB lot 28 4954 Stern Line Court 025-1010-017646 VLB lot 29 5004 Stern Line Court 025-1010-017647 VLB lot 32** 5011 Stern Line Court 025-1010-017650 6505 Cudd Court VLB lot 37 4935 Stern Line Court 025-1010-017655 VLB lot 39 4915 Stern Line Court 025-1010-017657 VLB lot 40** 6535 Leewa Drive 025-1010-017658 4906 Masthead Court VLB lot 43 5006 Masthead Court 025-1010-017661 VLB lot 46 5015 Masthead Court 025-1010-017664 VLB lot 49 4917 Masthead Court 025-1010-017667 VLB lot 54 5002 Bow Line Court 025-1010-017672 VLB lot 55 5010 Bow Line Court 025-1010-017673 VLB lot 56 5013 Bow Line Court 025-1010-017674 VLB lot 57 5003 Bow Line Court 025-1010-017675 VLB lot 59 4925 Bow Line Court 025-1010-017677 VLB lot 60 4919 Bow Line Court 025-1010-017678 VLB lot 69 4738 Portside Drive 025-1010-017687 VLB lot 72 4712 Portside Drive 025-1010-017690 VLB lot 73 4704 Portside Drive 025-1010-017691 VLB lot 75 4627 Pier Court 025-1010-017693 VLB lot 77 4611 Pier Court 025-1010-017695 VLB fot 78 4603 Pier Court 025-1010-017696 VLB lot 79 4604 Pier Court 025-1010-017697 * NOTE: These 2 parcels were recently re-platted and do not have new key numbers assigned yet. The key numbers listed here reflect the previously assigned ones for lots 98 and 996. The Assessed Value is an estimate based on other similar lake lots still owned by the Developer. The disparity in the AV of similar vacant lots is due to the differences between the AV and the tax rates assigned to the Developer owned parcels vs. the market rates assigned once the lot is sold. ** These are corner lots with two potential addresses listed. MAY - 7 2008 CI 1 1 CS %~iCy . VLB lot 80 4614 Pier Court 025-1010-017698 VLB lot 81 4624 Pier Court 025-1010-017699 VLB lot 82'* 4632 Pier Court 025-1010-0177 6626 Dockside Drive VLB lot 85 6613 Dockside Drive 025-1010-017703 VLB lot 88 4645 Starboard Drive 025-1010-107706 VLB lot 89 4703 Starboard Drive 025-1010-017707 VLB lot 90 4711 Starboard Drive 025-1010-017708 VLB lot 91 4719 Starboard Drive 025-1010-017709 VLB lot 93 6530 Lake Crest Circle 025-1010-017711 VLB lot 95 6521 Lake Crest Circle 025-1010-017713 VLB lot 96 4805 Starboard Drive 025-1010-017714 `VLB 1~` Re-plat lot 2 (formerly lot 98) 4821 Starboard Drive Formerly 025-1010-017716 *VLB 1~ Re-plat lot 1 (formerly lot 99B) 4829 Starboard Drive Formerly 025-1010-017717 VLB lot 101 6530 Leewa Drive 025-1010-017719 VLB lot 106 6634 Leewa Drive 025-1010-017724 7 1200 COUNTY-CITY BUILDING 227 \Y~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL .ECONOMIC DEVELOPMENT .JEFFREY V. GIBNEY EXECUTIVE DIRECTOR April 25, 2008 Council Member Derek D. 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: COOREMAN REAL ESTATE GROUP, INC. (The Villas at Lake Blackthorn -Section I) 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 Cooreman Real Estate Group, Incorporated. This developer intends to develop fifty-one lots remaining in Section I of The Villas at Lake Blackthorn. 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 develop the fifty-one lots at a cost of $12,750,000. The developer has sold fifty lots under an existing tax abatement. The term for that abatement will expire in November and the developer is requesting a new tax abatement in order to continue offering a tax abatement as an incentive for the sale of the remaining lots. The project meets the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, May 12, 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 ~ PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEML•NT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULNARD SoU~rH 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 S~L ECONOMIC DEVELOPMENT JEFFREY U GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: COOREMAN REAL ESTATE GROUP, INC. (The Villas at Lake Blackthorn - Section I) Apri125, 2008 On April 23, 2008, a petition for residential tax abatement consideration for real property located in The Villas at Lake Blackthorn - Section I was filed with the City Clerk by Cooreman Real Estate Group, Incorporated. 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 Section I of the subject subdivision was granted afive-year residential real property tax abatement on December 9, 2002, through Common Council Resolution number 3138-02. The Redevelopment Commission also approved the tax abatement petition through Resolution Number 1917 on November 1, 2002. The Common Council's resolution confirmed its earlier declaratory resolution designating Section I as a Residentially Distressed Area (RDA) and that designation was limited to five calendar years from the date of the passage of the declaratory resolution, which was November 12, 2002. The RDA designation is required in order for the developer, Cooreman Real Estate Group, to offer tax abatements on the lots sold in Section I. On October 16, 2007, the developer submitted a request for a one year extension of the RDA. In response, the Redevelopment Commission approved the extension request on October 19, 2007 by Resolution Number 2389 and gave it a favorable recommendation to the Common Council. On October 22, 2007, the Common Council approved Resolution Number 3806-07 which extended the RDA one year COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235-9371 EL~zneerH LEONARD EAx: 574/235-9697 574/235-9371 South Bend Redevelopment Council RE: Cooreman Real Estate Group, Incorporated (The Villas at Lake Blackthorn -Section I) Apri125, 2008 Page 2 through November 11, 2008. At the time the extension request was submitted it was understood that the developer would return this year to submit a petition for a new five-year tax abatement to allow the developer time to complete the sale of all lots in Section I of the subdivision. Fifty-one lots are available in Section I which has a total of one hundred one home sites. The entire subdivision of The Villas at Lake Blackthorn is made up of Sections I and II. The subdivision is located on approximately 56 acres with a large lake, a gazebo park, and another small year around pond. Homes in Section I average 1800 square feet in area with three bedrooms, two baths and a two car garage. The average value of the homes in Section I is $250,000. Section II has a separate tax abatement. Taxes to be abated during the five-year (5) abatement period are estimated at $10,219 per home. The taxes to be >l aid during the five-year (5) abatement period for each home are estimated at $14,960. Total taxes to be abated for the 51 houses during the five (5) year abatement period are estimated at $521,169. Total taxes to be >l aid during the five (5) year abatement period for the 51 houses are estimated at $762,960. ABATEMENT QUALIFICATION 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 5-year real property 3138-02 December 9, 2002 5-year real properly 3223-03 August 11, 2003 1 year extension (for Section I) 3806-07 October 22, 2007 5-yeat real property Pending for Section II 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 located in the Airport Economic Development Area which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required.. 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. In this particular case, the term of the new RDA will be made consecutive with the term of the existing RDA i.e. from November 12, 2008, through November 11, 2013. 5 YEAR 25-Apr-08 COOREMAN REAL ESTATE GROUP, INC. The Villas At Blackthorn -Section I South Bend German 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 $250,000.00 Total Taxes Tax Abated** Tax Paid*** 212,500.00 212,500.00 212,500.00 10,000.00 N/A N/A 222,500.00 212,500.00 212,500.00 (3,000.00). (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 184, 500.00 174, 500.00 174, 500.00 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 (99,620.00) N/A N/A N/A 10,000.00 184,500.00 74,880.00 109,620.00 5.1376% 5.1376% 5.1376% Gross Tax (tax rate x net assessed value) 9,478.87 3,847.03 5,631.84 Less SRTC: 21.7293% (2,059.69) (835.93) (1,223.76) Less Homestead Credit: 32.1230% (2,383.26) (967.26) (1,416.01) Net Tax 5,035.92 2,043.84 2,992.07 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 184,500.00 5,035.92 2,043.84 2,992.07 2 184,500.00 5,035.92 2,043.84 2,992.07 3 184,500.00 5,035.92 2,043.84 2,992.07 4 184,500.00 5,035.92 2,043.84 2,992.07 5 184,500.00 5,035.92 2,043.84 2,992.07 5 year totals: 25,179.60 10,219.21 14,960.34 *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. ESTIMATED TOTAL TAX REVENUE COOREMAN REAL ESTATE GROUP, INC. The Vi llas at Lake Blackthorn -Section I 51 lots LAND" BUILDINGS"'' TOTAL Year 1 $20,843 $152,592 $173,435 Year 2 $20,843 $152,592 173,435 Year 3 $20,843 $152,592 173,435 Year 4 $20,843 $152,592 173,435 Year 5 $20,843 $152,592 173,435 Total $104,215 $762,960 $867,175 "Current tax levy **Includes 51 houses. ~~f~"'~'~ STATEMENT OF BENEFITS oar '- , ,~,. W/~•-= '' REAL ESTATE IMPROVEMENTS ~~ State Form 51767 (R2 / 1-07) .*''' ,e;; Prescribed by the Department of Local Government Finance This statement is being completed for real properly that qualifies under the following Indiana Code (check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20____ PAY 20` FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making ifs decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERAIVBD, Whichever is applicable, must be filed with the CountyAuditor by the later of.• (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application tc show compliance with the Statement of Benefits. jIC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3Q)] 5. The schedules established under /C 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before hd,r ~ ~nnn Name of taxpayer Cooreman Real Estate Grou ,Inc. Address of taxpayer (number and street, city, state, and ZIP code) 4404 Technolo Drive South Bend, IN 46628 Name of contact person Telephone number E-mail address Steve Cooreman 574.277.0116 steve@cooreman.com Name of designating body Resolution number South Bend Common Council Location of property County DLGF taxing district number N of Brick Rd./E of Oran a Rd./W of US 31 B ass St. Jose h German Townshi Description of real property improvements, redevelopment, or rehabilitation (use additional sheets tf necessary) Estimated start date (month, day, year) Fifty One (51) homes in The Villas at Lake Blackthorn Section I - a single family home 05/01/2008 subdivision which has a total of 101 lots located on 56+/- acres with a large lake, a gazebo Estimated completion date (month, day, year) park, and a small pond. Avg. house price is $250,000. Avg lot price is $47,000. 05/31/2013 Current number Salaries Number retained Salaries Number additional Salaries N/A N/A N/A N/A N/A N/A •.-. ~ ••. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced N/A Net estimated values upon.completion of project 1 .1 Milli n 1 .1 Milli n .. - • ~ Estimated solid waste converted (pounds) N/A Estimated hazardous waste converted (pounds) N/A Other benefits °-- ~~. =~.. ..1 U ^n - I 3 ~ L ._...._... . --...,r.._._,-~._._... . .~i~^ dv~~~L~C • • hereby cert' of the repres tations in this statement ar tr e. Signature of au~ epreseniativ Title n // C ~ p Dat/e~ signfed (m^o~nth, day, year) ~ Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is 6. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $~ D. Other limitations or conditions (specify) ' E. The deduction is allowed for years` (see below). We have also reviewed the information contained in the statement of benefts and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 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., 6-1.1-12.1-1, et seq., 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, 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): Fifty One (51) homes in The Villas at Lake Blackthorn Section I - a single family home subdivision with a total of 101 home-sites, located on approximately 56+/- acres, with a large lake, a gazebo park, and another small year round pond. Homes average 1800 sq. feet, 3bdr/2bath/2car garage with an average market value of $250,000. The property has an existing abatement - Resolution number 3806-07 dated 10/22/2007, which expires in November 2008. This petition is a request to renew the abatement status for an additional 5 years. 2. Estimate the dollar value of the construction project (do not include land cost): $12.750,000.00 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 Cooreman Real Estate Group, Inc. 4404 Technology Drive, South Bend, IN 46628 4. The commonly known address of the Property is: The Villas at Lake Blackthorn Section I and having tax key numbers and street addresses as on attached Exhibit D. 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: See Exhibit D. 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. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner: See Exhibit D. Petition for TA VLB 5EC I -Page 1 of 7 10. What is your best estimate of the after completion market value of the property: $15,150,000 (Fifteen Million One Hundred Fifty Thousand). 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: N/A 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: Economic market factors, including the tightening of the credit market, and the decline of real estate property values, have compounded the impact of the higher than comparable city ta$es in this subdivision. Additionally, the majority of the unsold property in this neighborhood is located adjacent to the US 31 Bypass - a negative that has proven to be an immitigable factor in the slow growth of sales. 14. The current use of the property is Residential and the current zoning is RES A. 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): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Steve Cooreman, President, Cooreman Real Estate Group, Inc., or Donna Chamblee, Vice President, Operations, Cooreman Real Estate Group, Inc. 4407 Technology Drive, South Bend, IN 46628 Telephone: 574.277.0116 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): Cooreman eaI Estate Group, Inc. By: - 1 ~~-E____~ (Signat e) Steve Cooreman, President APR 2 3 2008 ~C3i'!Pt uCORt3E CITY CL~t;K, SQ. 6E:Ps~J, liV. Petition for TA VLB SEC I -Page 2 of 7 EXHIBIT "A" LEGAL DESCRH'TION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER' ; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAiD RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4} THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MIN[JTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A"; NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 1 ] 2.38 FEET BEARING NORTH 67 DEGREES 34 MINiJ'IES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) . THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASE NTS_AND RI(;»T (7E WAV_~F_RF.~n n #~~ ~6`~ ~A~s h:"~ ~,.,~i~id~t APR 2 3 2008 JAlitd ~"~kal1CE ..-„ rt. Efi~, SQ. Oclva, tel. Petition for TA VLB SEC I -Page 3 of 7 E~~IT "B" kd~rt~s Rd, -o ' ~~T ~ -_ [~ T'Z[id at Blaektiiom ~ 31 G Villas at Lake $rI~ , ti- Alackthorn 8ri•~k Rd ~ ~a~:ola~d Rd. Q I-80P30 Toll Rd. In Entr'~~.,e Center x ~~ti ~S 20 j~`Airport IL. ~+ ~~ S,: 4~ v..,, ~~''' ~' O "` ` c~ < r Ul ~ N ~ `=: ~ ~~ ~ ~ ~ U~ ~ !<~ `P (~ "~. G Petition for TA VLB SEC I -Page 4 of 7 EDIT "C" Is~~ ~~~}y 4F ~;PR 2 3 2008 ..... ~-.~t..~---~-----~ r,;~~ ~,,:,i ~;~: t?1. Petition for TA VLB SEC I -Page 5 of 7 E~'~IT "D" LOT # STREET ADDRESS KEY # Assessed Value 2007 Taxes payable 2007 Taxes payable 2006 VLB lot 6 4622 Lake Blackthorn Drive 025-1010-017624 4200 165.74 148.78 6616 Dockside Drive VLB lot 7 6568 Dockside Drive 025-1010-017625 5700 224.93 205.08 VLB lot 8 4636 Starboard Drive 025-1010-017626 4100 161.79 148.78 VLB lot 9 4644 Starboard Drive 025-1010-017627 3300 130.00 120.64 VLB lot 11 4710 Starboard Drive 025-1010-01729 3400 134.17 124.66 VLB lot 12 4720 Starboard Drive 025-1010-017630 3700 146.01 132.7 VLB lot 13 4728 Starboard Drive 025-1010-017631 3700 146.10 132.70 VLB lot 15 4746 Starboard Drive 025-1010-017633 3600 152.06 128.68 VLB lot 17 4814 Starboard Drive 025-1010-017635 3900 153.9 140.74 VLB lot 18 4822 Starboard Drive 025-1010-017636 5000 197.3 180.96 6506 Still Waters Court VLB lot 19 6510 Still Waters Court 025-1010-017637 4200 135.74 148.78 VLB lot 21 6507 Still Waters Court 025-1010-017639 3700 146.01 132.70 VLB lot 26 4938 Stern Line Court 025-1010-017644 3400 134.17 124.66 VLB lot 27 4946 Stern Line Court 025-1010-017645 3800 149.95 136.72 VLB lot 28 4954 Stern Line Court 025-1010-017646 3800 149.95 136.72 VLB lot 29 5004 Stern Line Court 025-1010-017647 3700 146.01 132.70 VLB lot 32 5011 Stern Line Court 025-1010-017650 4700 185.47 168.88 6505 Cudd Court VLB lot 37 4935 Stern Line Court 025-1010-017655 3400 134.17 124.66 VLB lot 39 4915 Stern Line Court 025-1010-017657 4100 161.79 148.78 VLB lot 40 6535 Leewa Drive -025-1010-017658 4400 173.63 156.82 4906 Masthead Court VLB lot 43 5006 Masthead Court 025-1010-017661 3800 149.95 136.72 VLB lot 46 5015 Masthead Court 025-1010-017664 3600 142.06 128.68 VLB lot 49 4917 Masthead Court 025-1010-017667 3500 138.11 128.68 VLB lot 54 5002 Bow Line Court 025-1010-017672 4000 157.85 144.76 VLB lot 55 5010 Bow Line Court 025-1010-017673 4400 173.63 156.82 VLB lot 56 5013 Bow Line Court 025-1010-017674 4200 165.74 148.78 VLB lot 57 5003 Bow Line Court 025-1010-017675 3600 142.06 128.68 VLB lot 59 4925 Bow Line Court 025-1010-017677 3400 134.17 120.64 VLB lot 60 4919 Bow Line Court 025-1010-017678 3400 134.17 124.66 VLB lot 69 4738 Portside Drive 025-1010-017687 2500 98.66 88.46 VLB lot 72 4712 Portside Drive 025-1010-017690 47800 1886.27 ? VLB lot 73 4704 Portside Drive 025-1010-017691 4500 177.58 ? VLB lot 75 4627 Pier Court 025-1010-017693 4700 185.47 168.88 VLB lot 77 4611 Pier Court 025-1010-017695 3900 153.90 136.72 VLB lot 78 4603 Pier Court 025-1010-017696 3500 138.11 124.66 VLB lat 79 4604 Pier Court 025-1010-017697 3600 142.06 128.68 VLB lot 80 4614 Pier Court 025-1010-017698 3500 138.11 124.66 VLB lot 81 4624 Pier Court 025-1010-017699 4700 185.47 168.88 VLB lot 82 4632 Pier Court 025-1010-0177 5500 217.04 197.04 Petition for TA VLB SEC I -Page 6 of 7 6626 Dockside Drive VLB lot 85 6613 Dockside Drive 025-1010-017703 69100 2726.81 2778.68 VLB lot 88 4645 Starboard Drive 025-1010-107706 5000 197.30 180.96 VLB lot 89 4703 Starboard Drive 025-1010-017707 4500 177.58 160.86 VLB lot 90 4711 Starboard Drive 025-1010-017708 4600 181.53 164.88 VLB lot 91 4719 Starboard Drive 025-1010-017709 5200 205.20 184.98 VLB lot 93 6530 Lake Crest Circle 025-1010-017711 52500 2071.75 ? VLB lot 95 6521 take Crest Circle 025-1010-017713 56900 2245.38 ? VLB lot 96 4805 Starboard Drive 025-1010-017714 5100 201.25 184.98 *VLB 152 Re-plat lot 2 formerl lot 98 4821 Starboard Drive Formerly 025-1010-017716 '5200 *VLB 15' Re-plat lot 1 (formerl lot .998) 4829 Starboard Drive Formerly 025-1010-017717 "5200 382.78 172.92 VLB lot 101 6530 Leewa Drive 025-1010-017719 62800 2478.2 ? VLB lot 106 6634 Leewa Drive 025-1010-017724 55400 2186.18 ? 529400 20843.26 9059.80 * NOTE: These 2 parcels were recently re-platted and do not have new key numbers assigned yet. The key numbers listed here reflect the previously assigned ones for lots 98 and 99B. The Assessed Value is an estimate based on other similar lake lots still owned by the Developer. The disparity in the AV of similar vacant lots is due to the differences between the AV and the tax rates assigned to the Developer awned parcels vs. the market rates assigned once the lot is sold. Reef'+,~ }10 F.le~~~~jg; ~ a49baa~.. APR 2 3 2008 J ~::1:'. ~ 7 J Cf'i'Y GLtr~`s ~:. a7~`!.~,1N. Petition for TA VLB SEC I -Page 7 of 7 ~~~~ ~~ ~~~~ Q~ ~`~~ _ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6735 BLACKTHRON HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE (OR 4808 ORANGE ROAD), 4736 ORANGE ROAD (OR 6740 BLACKTHORN HARBOR DRIVE) AND 6716 BLACKTHORN HARBOR DRIVE (OR 4739 PORTSIDE DRIVE) ALL IN THE VILLAS AT LAKE BLACKTHORN -SECTION II AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 6735 BLACKTHRON HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE (OR 4808 ORANGE ROAD), 4736 ORANGE ROAD (OR 6740 BLACKTHORN HARBOR DRIVE) AND 6716 BLACKTHORN HARBOR DRIVE (OR 4739 PORTSIDE DRIVE) ALL IN THE VILLAS AT LAKE BLACKTHORN -SECTION II, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF' WAY OF PORTSIDE DRIVE AND A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. and this property which has Tax Key Numbers 25-1010-017403, 25-1010-017428, 25-1010- 017429 and 25-1010-017728, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepazed a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et sec ., and South Bend Municipal Code Sections 2-76, et seQ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 2 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 se ., 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 azea 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 def ciencies; 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 standazds for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years commencing om July 28, 2008, or the date of the adoption of this Resolution by the Common Council whichever date is later. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years commencing from July 28, 2008, or the date. o the adoption of this Resolution by the Common Council whichever date is later. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION lX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ~ t ~~~ `~-~.t F`1 ' i~-~ u s.~ ~ ~1~-~ Member of the Common Council ~'ti PRESENTED ~ ~ I L- "~ NOT APPRO~!ED 4 ~iied !n ~i~l~~'~ ~~~i~~ MAY - 7 2008 J4! 6Pd VOORDE Cil'Y CLE„R, SA. BEF;D, !N. ADOPTED ' 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 F,ax 574/ 235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY SL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR April 25, 2008 Council Member Derek D. 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: COOREMAN REAL ESTATE GROUP, INC. (The Villas at Lake Blackthorn -Section II) 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 Cooreman Real Estate Group, Incorporated. This developer intends to develop four lots remaining in Section II of The Villas at Lake Blackthorn. 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 develop the four lots at a cost of $700,000. The developer has sold four lots under an existing tax abatement. The term for that abatement will expire in July and the developer is requesting a new tax abatement in order to continue offering a tax abatement as an incentive for the sale of the remaining lots. The project meets the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, May 12, 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 & PROGRAM PA \1ELA C. MEYER DONALD E. INKS IVIANAG EMENT 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 PHONE 574/235-9371 FAx 574(235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECIiE, MAYOR COMMUNITY HL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTNE DIRECTOR TAX ABATEMENT REPORT TO: FROM: SUBJECT: DATE: SOUTH BEND COMMON COUNCIL BOB MATHIA RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: COOREMAN REAL ESTATE GROUP, INC. (The Villas at Lake Blackthorn - Section II) Apri125, 2008 On Apri123, 2008, a petition for residential tax abatement consideration for real property located in The Villas at Lake Blackthorn -Section II was filed with the City Clerk by Cooreman Real Estate Group, Incorporated. 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 Section II of the subject subdivision was granted afive-year residential real property tax abatement on August 11, 2003, through Common Council Resolution number 3223-03. The Common Council's resolution confirmed its earlier declaratory resolution designating Section II as a Residentially Distressed Area (RDA) and that designation was limited to five calendar years from the date of the passage of the declaratory resolution, which was July 28, 2003. The RDA designation is required in order for the developer, Cooreman Real Estate Group, to offer tax abatements on the lots sold in Section II of the subdivision. The RDA will expire on July 27, 2008. Four lots remain available in Section II of the subdivision which has a total of eight home sites. The developer is petitioning for a new tax abatement on Section II in order to continue offering tax abatements on the remaining available lots in that Section. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEl'ER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EL~uaeTH LEONARD FAX: 574/235-9697 5741235-9371 RE: Cooreman Real Estate Group, Incorporated (The Villas at Lake Blackthorn -Section II) Apri125, 2008 Page 2 The entire subdivision of The Villas at Lake Blackthorn is made of Sections I and II. It is located on approximately 56 acres with a large lake, a gazebo park, and another small year around pond. Homes in Section II average 1500 square feet in area with three bedrooms, two baths and a two car garage. The average value of the homes in Section II is $175,000. Section I has a separate tax abatement. Taxes to be abated during the five-year (5) abatement period are estimated at $10,219 per home. The taxes to be paid during the five-year (5) abatement period for each home are estimated at $6,260. Total taxes to be abated for the 4 houses during the five (5) year abatement period are estimated at $40,876. Total taxes to be >l aid during the five (5) year abatement period for the 4 houses are estimated at $25,040. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted fmds that the petitioner has been associated with or been granted the following previous tax abatements. Term/Type Resolution No. Date 5-year real property 3138-02 December 9, 2002 5-year real property 3223-03 August 11, 2003 1 year extension (for Section I) 3806-07 October 22, 2007 5-year real property Pending for Section I 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 of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 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. In this particular case, the term of the new RDA will be made consecutive with the term of the existing RDA i.e. from July 28, 2008, through July 27, 2013. 5 YEAR 28-Apr-08 COOREMAN REAL ESTATE GROUP, INC. The Villas At Blackthorn -Section II South Bend German 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 $175,000.00 Total Taxes Tax Abated** Tax Paid*** 148, 750.00 148, 750.00 148, 750.00 10,000.00 N/A N/A 158, 750.00 148, 750.00 148, 750.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 120,750.00 110,750.00 110,750.00 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 (35,870.00) N/A N/A N/A 10,000.00 120,750.00 74,880.00 45,870.00 5.1376% 5.1376% 5.1376% Gross Tax (tax rate x net assessed value) 6,203.65 3,847.03 2,356.62 Less SRTC: 21.7293% (1,348.01) (835.93) . (512.08) Less Homestead Credit: 32.1230% (1,559.78) (967.26) (592.52) Net Tax 3,295.86 2,043.84 1,252.02 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 120,750.00 3,295.86 2,043.84 1,252.02 2 120,750.00 3,295.86 2,043.84 1,252.02 3 120,750.00 3,295.86 2,043.84 1,252.02 4 120,750.00 3,295.86 2,043.84 1,252.02 5 120,750.00 3,295.86 2,043.84 1,252.02 5 year totals: 16,479.31 10,219.21 6,260.10 *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. ESTIMATED TOTAL TAX REVENUE COOREMAN REAL ESTATE GROUP, INC. The Vil las at Lake Blackthorn - Section II 4 lots LAND* BUILDINGS** TOTAL Year 1 $545 $25,040 $25,585 Year 2 $545 $25,040 25,585 Year 3 $545 $25,040 25,585 Year 4 $545 $25,040 25,585 Year 5 $545 $25,040 25,585 Total $2,725 $125,200 $127,925 *Current tax levy **Includes 4 houses. ~t"~~`"'F~ STATEMENT OF BENEFITS ~~ ~ REAL ESTATE IMPROVEMENTS ~, ^ ,. -' State Form 51767 (R2l 1-07) '' 6~~' Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ^ Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4) ^ Eligible vacant building (IC 6-1.1-12.1-4.8) 20` PAY 20-____ FORM SB-1 /Real Property INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior fo initiation of the redevelopment or rehabilitation, BEFORE a deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the CountyAuditor by the later of.• (1) May 1 D; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3(j)] 5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property and under IC 6-1.1-12.1-4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before Julv 1. 2000. ~ •- • Name of taxpayer Cooreman Real Estate Grou ,Inc. Address of taxpayer (number and street, city, state, and ZIP code) 4404 Technolo Drive, South Bend iN 46628 Name of contact person Telephone number E-mail address Steve Cooreman 574.277.0116 steve@cooreman.com -.•. ~ •-. Name of designating body Resolution number South Bend Common Council Location of property County DLGF taxing district number N of Brick Rd./E of Oran a Rd./W of US 31 B ass St. Jose h German Townshi Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day, year) Four (4) homes in The Villas at Lake Blackthorn Section II - a single family home 05/01/2008 subdivision which has a total of eight (8) lots located on 2.7+/- acres. Adjacent to Villas at Estimated completion date (month, day, year) Lake Blackthorn Section I. Avg house price is $175,000. Avg lot price is $35,000. 05/31/2013 -.•. ~ -. Current number Salaries Number retained Salaries Number additional Salaries N/A N/A ~ N/A N/A N/A N/A -.•. ~ •-. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced N/A Net estimated values upon completion of project 4 0 840 00 • • ~ ~ • •• ~ Estimated solid waste converted (pounds) N/A Estimated hazardous waste converted (pounds) N/A Other benefits bl~r~-t2 r~ ,pt~ [•~S~ }~~,is~' ~4d+ ~6Y c„F~~3 N/A { i2:.: APR 2 3 ~C~~3 JO~it~ Vrf3FlJE . IFt. BEtdD , / CI TY ~tr~t*, SQ. I here a re sentations in this statement are true. Signature f rized represe tive Title Date signed (month, day, year) 9 reSi ~ 23 200 ~' D - ~ Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years ' (see below). The date this designation . expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ^ Yes ^ No 2. Residentially distressed areas ^ Yes ^ No 3. Occupancy of a vacant building ^ Yes ^ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member of designating body) Telephone number Date signed (month, day, year) Attested by (signature and title of attester) Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 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., 6-1.1-12.1-1, et seg•, 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, 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): Four (4) homes in The Villas at Lake Blackthorn Section II - a single family home subdivision with a total of 8home-sites, located on approximately 2.7+/- acres, with access to a large lake, a gazebo park, and another small year round pond. Adjacent to The Villas at Lake Blackthorn Section I. Homes average 1500 sq. feet, 3bdr/2bath/2car garage with an average market value of $175,000. The property has an existing abatement -Resolution number 3223-03, approved on August 11, 2003, and which expires 07/28/2008. This petition is a request to renew the abatement status for an additional 5 years. 2. Estimate the dollar value of the construction project (do not include land cost): $700,000.00 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 Cooreman Real Estate Group, Inc. 4404 Technology Drive, South Bend, IN 46628 4. The commonly known address of the Property is: The Villas at Lake Blackthorn Section II and having tag key numbers and street addresses as on attached Exhibit D. 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: See Exhibit D. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner: See Exhibit D. Petition for TA VLB SEC II -Page 1 of 6 10. What is your best estimate of the after completion market value of the property: $840,000 (Eight Hundred Forty Thousand). 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 other anticipated public fmancing 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: N/A 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: Economic market factors, including the tightening of the credit market, and the decline of real estate property values, have compounded the impact of the higher than comparable city taaes in this subdivision. Additionally, the majority of the unsold property in this neighborhood is located adjacent to the US 31 Bypass - a negative that has proven to be an immitigable factor in the slow growth of sales.. 14. The current use of the property is Residential and the current zoning is RES A. 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): N/A 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Steve Cooreman, President, Cooreman Real Estate Group, Inc., or Donna Chamblee, Vice President, Operations, Cooreman Real Estate Group, Inc. 4407 Technology Drive, South Bend, IN 46628 Telephone: 574.277.0116 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. Na e of Property Owner(s): Coo ma 1 Esta Grou ,Inc. / By: / ~ Steve Cooreman, President ~~~z APR 2 3 -2008 dQE:~' `l~CR4E ciT~r c~~:~ir, s~. i"~ ~.La, i~. Petition for TA VLB SEC II -Page 2 of 6 EZ'HIBIT "A" LEGAL DESCRIPTION: THE VII.,LAS AT LAKE BLACKTHORN, SECTION TWO PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 03 MINiJTES 20 SECONDS WEST, A DISTANCE OF 246.75 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02 FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS, AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD. C.. -e.------~-^^-'~- APR 2 3 208 ,1~"is`?~ YCOPDES CITY Ci rrn;{, > ~~_~., D~ 1N. Petition for TA VLB SEC II -Page 3 of 6 E~'.~IT "B" ~~'e3~cv+s~l ~ Knolls ~ at HIackthom V'tIlas ut 2 RIB.-L-rl Coate: US 31 ~~ €~.~eland Rd. l•80~'30 Tell Rd. '; Entrance .l(~ '/ ` r~1~1 /~"~ ` 4~= ' _ _ _ _ .Z.;~ ~ ~~~': S6 ~ ` , a; - ~ ?e, ~~ $$ .i. afi . _. ~ -~.~ ~ <2m.. ~. I ~ 111 INwE I shaded lots 57 .~ ~ present sofd lots - ; $ ~ v t phut not all'sold~ ;9 bts have 6vild~ permits pulled:, 60 y6r.;. U1~..~.....~•....~ Lake; +~ +iwk rro l-~ - rKierna~rl- w~rro~ ill ,~! ~!_Jla~ b9 r'.: n ~ " 2 t A9 ~~ ` 39 ~,., ~ 26~, ~ •JO a 3 - s~: ~# , um~ ~''' , ,"""`r T~`. u . - ~a :. 1 rt_, ~~~;;;,,,/// - 98 i 17 .wtce» 15 cneu l,t :, ,~~.. 13 ,,~ 91 l l ~ i3' .,~g~a J ~' 19 •M x v. 4 t ,Ik !L .141 85 ~b•~ -.. r»cxs+or om - - 7S l~~ $2 ~ (h ~;. 7G..' $ . $1 l ~-----~ 77 ~ ~ 80 ~ 78 79 \ ~ ; Potential -- W Z Vltlage :~ ~ ,. 1 Shappos naa ^,,~ ~ ~`, .. ~„~,-.d' ...-- F.. .~t, .r Y~.'. t'.1 Petition for TA VLB SEC II -Page 4 of 6 IT «C» E~~ FPS 2 ~ ~~~.g} _....-- C'; i°t - petition for TA~$ SEC ~ page 5 of 6 E~~IT "D" LOT # STREET ADDRESS KEY # Assesed Value 2007 Taxes Payable 2007 Taxes Payable 2006 VLB lot 109 6735 Blackthorn Harbor Drive 25-1010-017403 2900 114.44 ? VLB lot 110 6747 Blackthorn Harbor Drive 25-1010-017428 3600 142.06 128.68 4808 Oran a Road 25-1010-017428 VLB lot 111 4736 Oran a Road 25-1010-017429 3800 149.95 136.72 6740 Blackthorn Harbor Drive 25-1 01 0-01 7429 VLB lot 114 6716 Blackthorn Harbor Drive 25-1010-017728 3500 138.11 124.66 4739 Portside Drive 25-1010-017728 138000 544.56 390.06 _•.------°}`~^°- Eby tt ` M c~ r;1'Y Cllrn~., S0. E% r;J, l;~. Petition for TA VLB SEC II -Page 6 of 6 ~an~~~, ~-~a~ner mss®ciates, /nc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Land Surveyors .Professional Engineers Landscape Architects .Land Planners 13~~t1 ~o. Z~t~~g Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 May 2, 2008 RE: Rezoning Petition for Orangensaft, LLC for their Properties located in the 2900 Block of South Main Street, South Bend, Indiana 46614: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their properties located in the 2900 Block of South Main Street, South Bend, Indiana 46614. This requested Rezoning will allow for future permitted Industrial Uses including a vehicle Impoundment Lot and Vehicle Processing and Salvage facility. Our clients believe that this type of development would fit well along this portion of South Main Street with the existing mix of Industrial and Commercial uses that are present. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File No. 080145 "C" Md. F~t~d to Gl~r~'~ afi~tce MAY - 6 2008 JCHN VCORDE C1TY Gt'"RK, SC. 6E>~Q, IN. 1643 Commerce Drive South Bend, IN 46628 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2900 BLOCK OF SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY LOCATED IN THE 2900 BLOCK OF SOUTH MAIN STREET IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT AND "GI" GENERAL INDUSTRIAL DISTRICT AND CONTAINS AN EXISTING INDUSTRIAL BUILDING AND OPEN PARKING AREA AND STORAGE AREAS. ALL THE PROPERTIES ARE REQUESTED TO BE REZONED TO THE "GI" GENERAL INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALAVAGE FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28'-55" W. ALONG THE WEST LINE OF A 14 FOOT WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E. A DISTANCE OF 178.23 FEET TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217.27 FEET AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FEET; THENCE S. 89°-23'- 31" W. A DISTANCE OF 570.94 FEET (REC. 570.10 FEET.) TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FEET RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FEET TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FEET TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.THAT PART OF 2 BE AND THE SAME HEREBY ESTABLISHED AS "GI" GENERAL INDUSTRIAL DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED $Y THE MAYOR, AND LEGAL PUBLICATION. ~- n f MEMBER OF THE COMMON COUNCI ~ ATTEST: .CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF AT O'CLOCK .M. MAYOR, CITY OF SOUTH BEND, INDIANA 1st READING ,~-~1Z'~~ PUBLfC HEA711•~~ 3 rd READf,.fG NOT APPRG~E~ "=i=Ef:f~ PA~.~Ef~ ~iicd in CEcrk'~ ~i~ice MAY - 6 2008 JOHN VOORDE CITY CLERK, B0. BEND, IN. 2 , DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND. THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 2900 BLOCK OF SOUTH MAIN~STREET, SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S). OF THE PETITION SITE: ORANGENSAFT, LLC 202 LINCOLNWAY EAST, SUITE 200 MISHAWAKA, INDIANA 46544 PHONE NUMBER (574) 284-2610. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT & "GI" GENERAL INDUSTRIAL DISTRICT TO: "GI" GENERAL INDUSTRIAL DISTRICT 5).-THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PERMITTED INDUSTRIAL USES INCLUDING A VEHICLE IMPOUNDMENT LOT AND VEHICLE PROCESSING AND SALAVAGE FACILITY. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET. NAMES, PRINTED IN 8 '~" x 11" FORMAT. SIGNED, 1 - ~-t d~-- MICHAEL P. MORRIS FOR ORANGESAFT, LLC 202 LINCOLNWAY EAST MISHAWAKA, INDIANA 46544 (574) 284-2610 PETITIONED PREPARED BY: DANCH, HARNER & ASSOCIATES 1643 COMN~RCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 CONTACT PERSON (IF DIFFERENT): Fi{~d In C{~rk'~ ®ffi~~ MAY - 6 2008 JOf~N VOORDE C{TY CLERK, S0.5E~D,1N. LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF SAID QUARTER SECTIONS INCLUDING LOTS AND VACATED STREETS AND ALLEYS LOCATED IN A PORTION OF THE PLAT OF "OAKSIDE THIRD ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 32 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICURALY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT # 95 OF SAID PLAT: THENCE S. 00°-28' -55" W, ALONG THE WEST LINE OF A 14 FT. WIDE PUBLIC ALLEY A DISTANCE OF 451.29 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF WOODSIDE STREET AS IT PRESENTLY EXISTS; THENCE ALONG SAID PRESENT SOUTH LINE, N. 89°-17'-22" E, A DISTANCE OF 178.23 FT. TO THE WESTERLY RIGHT-OF-WAY LINE SOUTH MAIN STREET; THENCE ALONG SAID WESTERLY LINE FOR THE NEXT TWO (2) COURSES, S. 00°-35'-50" W. A DISTANCE OF 217,27 FT, AND S. 05°-04'-41" W. A DISTANCE OF 400.98 FT.; THENCE S. 89°-23'-31" W. A DISTANCE OF 570.94 FT. (REC. 570.10 FT.) TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF THE CONRAIL RAILROAD (AKA PENN CENTRAL RAILROAD); THENCE ALONG SAID EASTERLY LINE AROUND A 5781.44 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 1127.10 FT. TO THE END OF A CHORD WHICH BEARS N. 17°-53'-25" E. AND HAVING A DISTANCE OF 1125.31 FT. TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF OAKSIDE STREET; THENCE N. 89°-25'-27" E. ALONG SAID SOUTH LINE A DISTANCE OF 88.55 FT. TO THE POINT OF BEGINNING. CONTAINING 8.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. MAY - 6 2008 ~~~M v©O~a~ cmr c~F~;~, so. ~~~Q, t~. Property Owners Within 300 Feet Orangensaft LLC Orangesaft LLC Orangensaft LLC 202 LWE 202 LWE 202 LWE Mishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 Tax Key # 018 8016 0739 Tax Key # 018 8016 0717 Tax Key # 018 8016 0718 Orangensaft LLC Orangensaft LLC Orangensaft LLC 202 LWE 202 LWE 202 LW E Mishawaka, IN. 46545 Mishawaka, IN. 46545 Mishawaka, IN. 46545 Tax Key # 018 8016 0720 Tax Key # 018 8016 0719 Tax Key # 018 8016 0715 Orangensaft LLC Kelly Nunez Michael A Boyle 202 LWE 2829 South Main 2825 S Main Mishawaka, IN. 46545 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8016 0716 Tax Key # 018 8016 0735 Tax Key # 018 8016 0734 William & Lorraine Davis Steve & Judith Overmyer Chris P Kohler 2821 S Main 3447 S Locust Rd 22845 Madison Road South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8016 0733 Tax Key # 018 8016 0732 Tax Key # 018 8016 0731 Chris P Kohler Chris P Kohler 2801 S Main Land Trust 22845 Madison Rd 22845 Madison Rd. P.O.Box 2544 South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680 Tax Key # 018 8016 0730 Tax Key # 018 8016 0728 Tax Key # 018 8016 0727 Amare & Fereheyot Mulatu Huffaker Enterprises Inc. Huffaker Enterprises Inc. 11604 Coastal Hwy 1308 Apple Ridge Ct 1308 Apple Ridge Ct Ocean City, MD. 21842 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8016 0726 Tax Key # 018 8014 0665 Tax Key # 018 8014 0668 Huffaker Enterprises Inc. Huffaker Enterprises Inc Huffaker Enterprises Inc 1308 Apple Ridge Ct 1308 Apple Ridge Ct 1308 Apple Ridge Ct South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 801.4 0667 Tax Key # 018 8014 0666 Tax Key # 018 8014 0663 Edward Wedelstedt Millers Real Estate LLC Miles E Lockwitz 4655 N Colorado 2700 S Main 2714 S Main Denver, Colorado 80216 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8014 0661 Tax Key # 018 8014 0671 Tax Key # 018 8014 0672 Nick G Allen Frank 8~ Nicola Macri Nicola & Frank Macri 51867 Meadow Knoll Dr 22890 State Road 23 22890 State Road 23 South Bend, IN. 46628 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8014 0673 Tax Key # 018 8014 0674 Tax Key # 018 8014 0675 • Nicola Macri Frank Macri Kent & Rose Anne Miller Kent & Rose Anne Miller 1209 Ewing 2810 S Main St 2810 S Main South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8014 0676 Tax Key # 018 8015 0686 Tax Key # 018 8015 0687 Kent & Rose Anne Miller Kent & Roseanne Miller Joel A Morimanno 2810 S Main 2810 S Main P.O.Box 2723 South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46680 Tax Key # 018 8015 0688 Tax Key # 018 8015 0689 Tax Key # 018 8015 0690 James & Marilyn Senour Barbara Coates David A Nufer 1827 S Michigan 4995 N Wilhelm Rd 724 W Edison Rd South Bend, IN. 46613 LaPorte, IN. 46350 Mishawaka, IN. 46545 Tax Key # 018 8015 0691 Tax Key # 018 8015 0693 Tax Key # 018 8015 0697 City of South Bend Indiana Diana M Basye Diana M Basye County City Building 2917 S Michigan St 2917 S Michigan South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8015 0698 Tax Key # 018 8015 0713 Tax Key # 018 8015 0712 Naela C Sarras Michael W Albert Michael & Emily Van De Voorde 2913 S Michigan St 2909 S Michigan St 3002 S Main St South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8015 0711 Tax Key # 018 8015 0708 Tax Key # 018 8017 0764 Shawnda Gee Sandra L Johns Rose & Ricky Sullivan 12709 2-C Road 3010 S Main St 3014 S Main Plymouth, IN. 46563 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8017 0765. Tax Key # 018 8017 0766 Tax Key # 018 8017 0767 Eugene Bianco Matthew S Wruble Ralph & Michele Layne 51822 Currant Road 3022 S Main St 65600 Maple Rd Granger, IN. 46530 South Bend, IN. 46614 Lakeville, IN. 46536 Tax Key # 018 8017 0768 Tax Key # 018 8017 0769 Tax Key # 018 8017 0770 Terrence Aldridge Elizabeth Sagi /Kathleen Sagi Frederick M Voynovich 3106 S Main 3110 S Main 3116 S Main South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8017 0771 Tax Key # 018 801.7 0772 Tax Key # 018 8017 0773 Julius Vergauwen Robert W Clark Rodney Caprarotta 3120 S Main 3202 S Main 3201 S Michigan South Bend, IN. 46614 South Bend, IN. 46614 South Send, IN. 46614 Tax Key # 018 8017 0774 Tax Key # 018 8017 0776 Tax Key # 018 8017 0752 Lou Kosowski Jr. Humberto Vasquez Larry & Susan Heckman 3123 S Michigan 3119 S Michigan St 3115 S Michigan St South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8017 0751 Tax Key # 018 8017 0750 Tax Key # 018 8017 0749 Frances Quinones John & Nancy Murton Larry ,Garry & Barry Dreibelbeis 3109 S Michigan 3105 S Michigan 57979 Crumstown Hwy South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46617 Tax Key # 018 8017 0748 Tax Key # 018 8017 0747 Tax Key # 018 8017 0746 Jerome Ivacic David & Kathy Poznanski Manuel & Rita Garcia 3019 S Michigan St 59347 Keria 3009 S Michigan South Bend, IN. 46614 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8017 0745 Tax Key # 018 8017 0743 Tax Key # 018 8017 0742 Paul W Shafer Paul W Shafer St.Joseph County P.O.Box 50 P.O.Box 50 227 W Jefferson Blvd Westville, IN. 46391 Westville, IN. 46391 South Bend, IN. 46601 Tax Key # 018 8018 0792 Tax Key # 018 8018 0791 Tax Key # 018 8020 0835 S L South Bend Inc Amland Corp / CJ Giefing Wayne D Nelson One West Ave 105 N Niles Ave 2005 Baker Run Rd Larchmont, NY. 10538 South Bend, IN. 46634 Buchanan, MI. 49107 Tax Key # 018 8020 0837 Tax Key # 018 8013 0599 Tax Key # 018 8015 070401 Phyllis E Steele Paul W Shafer Paul W Shafer 10300 Jefferson Rd P.O.Box 50 P.O.Box 50 Osceola, N. 46561 Westville, IN. 46391 Westville, IN. 46391 Tax Key # 018 8017 074001 Tax Key # 018 8018 079203 ~ Tax Key # 018 8018 079102 AccuCast Technology LLC AccuCast Technology LLC Paul W Shafer 220 W Eckman St 220 W Eckman St P.O.Box 50 South Bend, IN. 46614 South Bend, IN. 46614 Westville, IN. 46391 Tax Key # 018 8015 059803 Tax Key # 018 8013 059802 Tax Key # 018 8018 079506 FI~~~ 4C1 ~(~C~C'~ fi'~ECtr MAY - 6 2008 dQHN VC3QRGc CITY GlE~K, ~~• BE,A'A, IN. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Waggoner Farm Development, L.P., Section 2 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 1.59 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1 /8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO THE EAST LINE OF PARTITION LOT N0.2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT-OF-WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON C UNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of o'clock .m. 2 , at Mayor, City of South Bend, Indiana 1 st READING S-~Z-_Js PUBLIC HEARING 3 rd READING NOT APRROYED REFERRED PAS5ED ~it~d In Cierk'~ ~fi#'s~e MAY - 7 2008 JQHN VQOFtDE CITY CLEt.K, S0. EEPdD, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least one-hundred percent (100%) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed is generally located at: 51270 Mayflower Road, South Bend, IN 46628 5) The Property Tax Key Numbers are: 04-1009-0147.19 . 6) The name and address of the contingent purchaser(s), if applicable, is/are: City of South Bend 7) The parcel is 1.59 acres in size and currently has the following use(s) on it: 04-1009-0147.19 is currently single family residential. 8) The parcel will be used for the following use(s): Potential transportation enhancements. 9) The number of current residents in the annexation area: 1. ] O) The anticipated "build-out" year for the project: Not applicable 11) The proposed number of parcels: Not applicable 12) The proposed miles of new roadways: Approximately 1,720 feet The signature(s) of all p operfy owner(s), or Attorney for all property owner(s) Signed: ohn . Phair, arfner goner Farm Development, L.P. Address: 227 South Main Street, Suite 300, South Bend, IN 46601 Phone Number: (574) 217-4498 Name, Address 8~ Phone Number of Contact Person/Prepares: Derek J. Spier, AICP Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 ~11~~ ~16 4~I~i ~9~ ei'~~9~Gi MAY - 7 2008 JQb°i~ VQ43R~3° C!'fY C~E?~4t, 50. ~E~!Q, IFd. 330.64 . 3-8G .-+T~`~=.' ~. 215.74 zc!' T ~ ,40AM ~ /63.J5 (-. /ca.7s /cs. I ~-~~~ .A. 12?T ~a TNEP MIHON BUB. 1 t I. 4 I VA MAJOR SUB r: p o Y: 1 ° . ,2a.Ta x 1A•0I4T.1{ . I ~.1-= 1 C{. I 1 A ~ Q - t?~ 1 ?'~ I , ` O ?.l ~ N p C ry . 1 f' F;:.' W 1 ~' ~'j: I 2 iza. go FW : ~ ~~t;; r 1 ~ ' I ~ ~ ~ ,4, . V r E (~ p I J "' r ~ e nn,., N ~ ~ . ~5 r rl. a v q O~, 1 tf41 a o o M ry a ~o o ~ v o .a,o ~I h ? O 4 Q' ~ I ' ~j'~.i. {za..z I6a.TT o ~ V 04-1009 ~ U M1 ~>_ 1 ~ : I .,-q.T.:. ~, r.au*ze ~ J v ~, 1 I .. ~` I ' ~= a t ..J I '3.T5 ~S, ~ ~ 1 287.69 ;;: ~i1~- I I _ ar N h ~r ~IJ". W ! 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THE SIPNELI COMPANT GERMAN T1~P• ~iladillCi~rk`~„-iGe ~~/2 N:E.IIa sE ;,b.roo' - E!/a' SEC. i7 T.38N. R.2E. N ~ /2 W. 7 C . ~_ IdAY - 7 Z ," a~ ~ , JONrr6'OCAD ~`;vj CITY CI.F,K, 50.3"c • ; ,~ . 1400 WUNTY-CITY BUII:DING 227 ~ JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ]. LtJECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITYATTORNEY May 5, 2008 CHIEF ASSISTANTCITYATTORNEY Mr. Timothy Rouse President, South Bend Common Council '~~~ ~~ ~ 2 ~- ~ 4`~ Floor, County-City Building South Bend, IN 46601 Re: Amendment of Article 10 of Chapter 13 Concerning Firearms Dear Mr. Rouse: On behalf of the administration, I amaskingthatthe Council consider an ordinance to amend Chapter 13, Article 10 of the South Bend Municipal Code. This Article was added in February 1994. Within a few months the Indiana legislature passed a statute which rendered most of the ordinance unconstitutional. In early 2001 the administration also introduced an ordinance to amend this Article. Your predecessors did not take any action on that proposed ordinance. Avery substantial period of time having passed without any other efforts to address this problem, the administration is asking that you consider this amended ordinance so that we may protect the employees of the City of South Bend. The Home Rule powers of all cities having been severely restricted by the State legislature in 1994, it is time that South Bend utilize such powers as remain to protect its employees and others on its property with an ordinance that is clearly constitutional. Attached to this letter is the 1994 law to which I refer and other pertinent statutes. For clarity's sake, I am also attaching an example of what the totality of Article 10 will look like if this proposed ordinance is passed without further amendment. I.C. 35-47-11 clearly negates a city's power to enact legislation concerning weapons except on its own property. Therefore, the first two divisions of the 1994 version of the ordinance are such restrictions and clearly invalid. They have been dropped, and consequently there remains no need for most of the definitions. Only three definitions remain: Firearms, Highway and Security Guard. The first two are taken directly from Indiana statutes so as to absolutely minimize the possibility of overreaching. To the current definition of "Security Guard" I have added the requirement of licensing by the State of Indiana. The City has a duty to reasonably attempt to provide a safe working place for its employees. With that in mind, I have made the prohibition against firearms as broad as legally possible and have THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL HASH ~` ;'~'~ ,: JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRDDEN ~ Mr. Rouse Page 2 May 5, 2008 minimized the exceptions to the absolute necessities. The fact that a person may have been issued a license by the State of Indiana to carry a handgun on the streets does not mean that person has to be allowed to carry it into City buildings or onto other City property except highways as now defined in the ordinance. The signage requirement remains. As the purpose of that requirement is to provide notice, I have amended to allow for successful enforcement or the ordinance if notice was given by some alternative means. Although the purpose of the original ordinance was partly public education, and this one is grounded upon employee safety, I have not altered the portions of the penalties to eliminate community service or classes, although the Police Department has never conducted such seminars pursuant to this Chapter. Given the clearer and more restricted purpose of the amended ordinance you may wish to reconsider classes as part of the punishment. I have left in community service. The Council should be aware there could be constitutional problems if community service were regarded as a form of imprisonment. The previous version was silent as to the amount of fine for the second offense. I have inserted a figure, but of course you are free to adjust that. Finally, the only change I have made in the "Return of Weapons" section is to allow for a longer period of time before the Board of Public Safety sets a hearing. The Board of Public Safety is subject to the "Open Door Law" and in certain circumstances could not have met the time limit imposed by the previous ordinance. A request for return of weapon that was given to the Board of Public Safety the day before Thanksgiving could not have been scheduled legally within the five day time frame. Your very prompt attention to this matter and the passage of this ordinance with such further amendments as you may see fit will be appreciated. I will, of course, be making the presentation on behalf of the City. Very truly yours, r ~. Thomas L. Bodnar Assistant City Attorney TLB/cw a s j°° ~ll~ ~B ~~~~~ ~~. ~~~~~r ~ ~~ It~l ~y , r J~JO I t 4y. bt~lY J, CC:'r ~,i.iLa ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS STATEMENT OF PURPOSE AND INTENT .Chapter 13, Article 10, sections 94 et sec .. of the South Bend Municipal Code were originally adopted in February 1994 pursuant to "Home Rule" powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts a city's ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to seventy-two (72) hours. This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et sec .. of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 while exercising the residual regulatory powers over firearms granted to cities by state law. Specifically, in order to protect employees, invitees, and visitors on City property, it restricts firearms on City property. NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of South Bend as follows: Section I. The title of Chapter 13, Article 10, is amended to read as follows: ARTICLE 10. ST'T ~l-`~ ~^a ~AIS^a'`T1L~~-aIS~~~~S n~ v~n~rl~ FIREARMS PROHIBITED ON CITY PROPERTY Section II. The Title of Chapter 13, Article 10, Division 1 is amended to read as follows: DIVISION 1. T~~~n n cc nT n ~r ~zr~ n nn~Tr nn~~~~ir~ PUBLIC PLACES WHERE FIREARMS ARE RESTRICTED OR PROHIBITED Section III. Chapter 13, Article 10, Section 13-94 of the South Bend Municipal Code is hereby deleted. . Section IV. Chapter 13, Article 10, Section 13-95 of the South Bend Municipal Code is hereby renumbered as Section 13-94 and amended to read as follows: Sec. 13-~9-5 94. Definitions. The following definitions shall apply throughout this Article: reuntls; . - - - , 1 r ~~/ I?"PA7YT7T'I Y19t~n~~ T ~ .] r •7' 7 t. w ..wl~ucu s , , ~ ~ e > > e ~ 1 ~ ~ J ~. (gj~ Firear~res shall have the meaning set forth in I. C. 35-47-1-5. .~ Highway shall mean a street alley road or thoroughfare used by the travelingpublic or a public way for purposes of vehicular traffic including the entire area within the right of wad ,. - - - - to Vtll U11.. J11V U1LLG hrr}~ Security guard services shall mean an entity or individual or employee of an entity that engages in the business of providing security guard service to the public for hire and is licensed under I.C. 25-30-1.3. Section V. Chapter 13, Article 10, Sections 13-96 through 109 inclusive are hereby deleted. Section VI. Division 2 and Division 3 of Chapter 13, Article are hereby deleted. Section VII. Chapter 13, Article 10, Section 110 is hereby renumbered as Section 95 and amended to read as follows: Sec. 13--1-1695. Public places where firearms are restricted; exceptions; signs to be conspicuously displayed. (a) Firearms are prohibited in ~. ,. ~~ . - - - , ~, ~~ . - - - ; ~~ ,~ a - - - ; {~-) $ buildings and on grounds governed owned or administered by ~nttm~eip~ earparat~ar~ the City ~~ E~ (excluding all pul7lie-~~gs hiehways ' , ~ ,_ . --- ., (b) This section shall not apply to: (1) PersoasLawenforcementofficerswhileonduty'---~--'---___,_~_....,,~_____ - - - , ~~ . - - - ; ~j,(2~ Security guard services when under contract to protect the building and grounds or accompanying the delivery of money or valuable goods; and ~)(3) A person who have has a valid special police commissions which specificallYauthorizes a firearm and who is acting pursuant to that commission;_ Such individuals shall be required to provide valid proof of their status as an exception to this division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. However the absence of a sien shall not be a defense to an ordinance violation under this Article if the Defendant had knowledge of the prohibition against firearms on the premises. Section VIII. Chapter 13, Article 10, Section 111 is hereby renumbered as Section 96 and amended to read as follows: Sec. 13-~1-1- 96. Penalties and confiscation of firearms. (a) Any person found with a firearm on CitYpremises in violation of this di~isierrArticle shall be issued an ordinance violation citation with a fine of fifty dollars ($50.00) for the first violation and a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) fires-for ~ each subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found in violation of this Di~isi~n Article shall be seized and confiscated. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), upon providing valid proof of ownership of said firearm, upon successful completion of all educational seminars, and upon completion of all community service requirements. (~~ Additionally, any person found in violation of this di~sierr Article, sly may be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All casts related to said seminars shall be paid by the violator. Section IX. Division 4 is hereby renumbered as Division 2 and is retained in its present form without amendment. Section X. Chapter 13, Article 10, Section 117 is hereby renumbered as Section 97 and amended to read as follows: Sec. 13-~1-~ 97. Request for hearing and determination of the board. (a) Any person who has had his or her weapon seized and confiscated under this Article who has successfully completed all seminar and community service requirements, and has paid all fines assessed, may immediately request a hearing for the return of his or her weapon. The request for hearing must be made. by the lawful owner of the weapon and shall be made on forms provided by the City. (b) Within ~) ten ~ days of receiving a written request for a hearing, a hearing shall be scheduled before the Board of Public Safety with written notice of the date, place and time being given by the City to the person petitioning for said hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing. (c) If the Board determines that based on the preponderance of the evidence at the time of the hearing that the return of the seized weapon would not pose a safety risk to the person or the community as defined within the stated public policies and principals of this Article, the weapon may be returned. The Board shall render a written decision within ten (10) days following said hearing. Section XI. Chapter 13, Article 10, Section 118 is hereby renumbered as Section 98 and is amended as follows: Sec. 13--1-1$ 98. Failure to request hearing. If a request for a hearing is not made within thirty (30) days of the completion of all seminar and community service requirements, and has paid all fines assessed, the seized weapon shall be deemed abandoned and shall be destroyed o€ by the Police Department. Section XII. Chapter 13, Article 10, Division 5 is renumbered as Division 3 and retained without amendment. Section XIII. Chapter 13, Article 10. Section 122 is renumbered as Section 99 and is retained in its present form without amendment. Section XIV. Chapter 13, Article 10 Sections 100 through 122 are hereby reserved. Section XV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. 1 st ~E,2a{NG S-\ Z ~~~ PURLLC Fs'E,^,~~Is !~ 3 rd FEE?~~;•iti NOT ~ FPEfiO~{c~ REFS ~ ~i3 R~~SET? Mayor, City of South Bend, Indiana tt ,.~+~ t ~fa~~ ~~ :,si~~~~7ti ~~St~~ ~h Ai - ; r•~ ~ ~;!.ib ,i~f~t; ;,~,4C,FiCe ,3,,, _~s. a.~: Indiana Code 35-47-11 Page 1 of 2 Information Maintained by the Office of Code Revision Indiana Legislative Services Agency OS/OS/2008 09:32:43 AM EDT IC 35-47-11 Chapter 11. Local Regulation of Firearms IC 35-47-11-1 Applicability of chapter Sec. 1. (a) Section 2 of this chapter applies to all units (as defined in IC 36-1-2-23). All other sections of this chapter apply to all units other than townships. (b) This chapter applies only if a statute expressly grants a legislative body the authority to adopt an emergency ordinance under this chapter. (c) This chapter does not affect the validity of an ordinance adopted before, and in effect on, January 1, 1994. As added by P.L.140-1994, SEC.13. IC 35-47-11-2 Regulation of firearms by units other than townships Sec. 2. Notwithstanding IC 36-1-3, a unit may not regulate in any manner the ownership, possession, sale, transfer, or transportation of firearms (as defined in IC 35-47-1-5) or ammunition except as follows: (1) This chapter does not apply to land, buildings, or other real property owned or administered by a unit, except highways (as defined in IC 8-23-1-23) or public highways (as defined in IC 8-2.1-17-14). (2) Notwithstanding the limitation in this section, a unit may use the unit's planning and zoning powers under IC 36-7-4 to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994. (3) Notwithstanding the limitation in this section, a legislative body of a unit other than a township may adopt an emergency- ordinance or a unit other than a township may take other action allowed under section 6 of this chapter to regulate the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the regulatory action takes effect. As added by P. L.140-1994, SEC.13. IC 35-47-11-3 Emergency ordinances; adoption; conditions warranting Sec. 3. The legislative body of a unit may adopt an emergency ordinance under this chapter if: (1) a disaster (as defined in IC 10-14-3-1) has occurred or is likely to occur in the unit; and (2) a local disaster emergency has been declared in the unit under IC 10-14-3-29. As added by P.L.140-1994, SEC.13. Amended by P.L.2-2003, SEC.98. IC 35-47-11-4 Emergency ordinances; procedures for adoption Sec. 4. Notwithstanding any other law, if the conditions described under section 3 of this chapter are http://www.in.gov/legislative/ic/code/title3S/ar47/chl l .html S/S/2008 Indiana Code 35-47-11 Page 2 of 2 present within a unit, the legislative body of the unit may adopt an emergency ordinance under this chapter: (1) without complying with the public notice and public meeting provisions of: (A) IC 5-14-1.5; or (B) any other statute; (2} on the same day that the ordinance is presented to the legislative body; and (3) by a majority vote of the members of the legislative body. As added by P.L.140-1994, SEC.13. IC 35-47-11-5 Emergency ordinances; effective date; expiration Sec. 5. An emergency ordinance adopted under section 4 of this chapter: (1) takes effect on the date and at the time of the adoption of the ordinance; and (2) expires the earlier o£ (A) seventy-two (72) hours after the time of the adoption of the ordinance; or (B) a time specified in the emergency ordinance. As added by P.L.140-1994, SEC.13. IC 35-47-11-6 Restrictions on sale of firearms during emergency; declaration by executive or presiding officer Sec. 6. If: (1) the conditions described under section 3 of this chapter are present within a unit; (2) an unsuccessful attempt is made to convene the legislative body for the purpose of adopting an emergency ordinance under this chapter; and (3) in the case of a municipality, an unsuccessful attempt is made to convene the works board to act under this chapter as if the works board were the legislative body; the executive of a municipality or the presiding officer of a county executive may declare a restriction on the sale of firearms anywhere within the unit for a period of not more than seventy-two (72) hours after the restriction is declared. A declaration under this section has the same effect as an ordinance adopted under section 4 of this chapter and becomes effective and expires as provided in section 5 of this chapter. As added by P.L.140-1994, SEC.13. http://www.in.gov/legislative/ic/code/title35/ar47/chl l .html 5/5/2008 Indiana Code 8-23-1 Page 1 of 1 IC 8-23-1-23 "Highway, street, or road" defined Sec. 23. "Highway, street, or road" means a public way for purposes of vehicular traffic, including the entire area within the right-of--way. However, the term does not include a highway for purposes of IC 8-2.1. As added by P.L.18-1990, SEC 181. http://www.in. gov/legislative/ic/code/title8/ar23lch l .html 5!5/2008 Indiana Code 8-23-1 ~ z; Page 1 of 1 Highway, street, or road" means a public way for purposes of vehicular traffic, including the entire area within the right-of--way. However, the term does not include a highway for purposes of IC 8-2.1. http://www.in.gov/legislative/ic/code/title8/ar23/ch I .html 4/25/2008 Indiana Code 8-2.1-17 Page 1 of 1 IC 8-2.1-17-14 "Public highway" Sec. 14. "Public highway" means a street, alley, road, highway, or thoroughfare in Indiana used by the traveling public. http://www.in.gov/legislative/ic/code/title8/ar2.1 /chl 7.htm1 4/25/2008 ARTICLE 10. FIREARMS PROHIBITED ON CITY PROPERTY DIVISION 1. PUBLIC PLACES WHERE FIREARMS ARE RESTRICTED OR PROHIBITED Sec.13-94. Definitions. The following definitions shall apply throughout this Article: (a) Firearms shall have the meaning set forth in I. C. 35-47-1-5. (b) Highway shall mean a street, alley, road, or thoroughfare used by the traveling public or a public way for purposes of vehicular traffic, including the entire area within the right- of-way. (c) Security guard services shall mean an entity or individual or employee of an entity that engages in the business of providing security guard service to the public for hire and is licensed under I.C. 25-30-1.3. Sec. 13-95. Public places where firearms are restricted; exceptions; signs to be conspicuously displayed. (a) Firearms are prohibited in buildings and on grounds owned or administered by the City (excluding all highways). (b) This section shall not apply to: (1) Law enforcement officers while on duty; (2) Security guard services when under contract to protect the building and grounds or accompanying the delivery of money or valuable goods; and (3} A person who has a valid special police commission which specifically authorizes a firearm and who is acting pursuant to that commission. Such individuals shall be required to provide valid proof of their status as an exception to this division upon reasonable request. (c) Signage Requirements: The person(s) or official(s) in charge of all buildings listed in this Section must conspicuously post signs warning persons of the firearms restrictions at all public entrances to such buildings, and have such signs posted at all major public parking areas on their grounds. However, the absence of a sign shall not be a defense to an ordinance violation under this Article if the Defendant had knowledge of the prohibition against firearms on the premises. Sec. 13- 96. Penalties and confiscation of firearms. (a) Any person found with a firearm on City premises in violation of this Article shall be issued an ordinance violation citation with a fine of fifty dollars ($50.00) for the first violation and a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found in violation of this Article shall be seized and confiscated. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), upon providing valid proof of ownership of said firearm, upon successful completion of all educational seminars, and upon completion of all community service requirements. (c) Additionally, any person found in violation of this Article, maybe required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Division 2 -HEARINGS TO ADDRESS CONFISCATED WEAPONS Sec. 13-97. Request for hearing and determination of the board. (a) Any person who has had his or her weapon seized and confiscated under this Article who has successfully completed all seminar and community service requirements, and has paid all fines assessed, may immediately request a hearing for the return of his or her weapon. The request for hearing must be made by the lawful owner of the weapon and shall be made on forms provided by the City. (b) Within ten (10) days of receiving a written request for a hearing, a hearing shall be scheduled before the Board of Public Safety with written notice of the date, place and time being given by the City to the person petitioning for said hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing. (c) If the Board determines that based on the preponderance of the evidence at the time of the hearing that the return of the seized weapon would not pose a safety risk to the person or the community as defined within the stated public policies and principals of this Article, the weapon may be returned. The Board shall render a written decision within ten (10) days following said hearing. Sec. 13- 98. Failure to request hearing. If a request for a hearing is not made within thirty (30) days of the completion of all seminar and community service requirements, and has paid all fines assessed, the seized weapon shall be deemed abandoned and shall be destroyed by the Police Department. Division 3 -ALL MONIES AND FINES COLLECTED TO BE DEDICATED Sec. 13-99 Monies paid to be deposited in the Juvenile Positive Assistance Fund. (a) All monies collected pursuant to this Article unless otherwise specified, whether they be fines paid through the Ordinance Violations Bureau or monies collected pursuant to the City receiving judgment in a court of proper jurisdiction for violation of this Article, or fees required to attend the educational seminars shall be deposited in the Juvenile Positive Assistance Fund. (b) The Juvenile Positive Assistance Fund was established in 1990 and is addressed in Section 2-170.1 of this Code. It is a dedicated fund which is used solely for the purposes of the Drug Abuse Resistance Education (DARE) Program and for assisting police activities in the Juvenile Aid Bureau. (Sectionsl3-100 through 13-122 are retained) ~i~ ~ ~~~~~~'~ ~$~i~e ~9 ~Y - ~ 2008 ~a~-i~ `dQC?~RE i~a. c~rr cLFS x, 50. BEAD, L ~1~~~ ~R l~~~E'~C'~ ~li~GO MAY - 7 2008 J06N VOORLE C(i'Y CLE~~K, S0. BEND, lid. COMMUNTTY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL ~ PROGRAM PAMELA C, MEYER DONALD E. INKS MANAGEMENT 5741235-9660 574/235-9371 EL~zAaerx LeoNARD fl~~~ ~, Fax: 574/235-9697 ~ 574/235-9371 `-t' {,~~v1f~ 1200 C.OUN1'1-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PIIONE 574/ 235-9371 FAx 574!235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 2, 2008 South Bend Common Council _L ~~ ~~. ~~ r ~~ --,--- Fourth Floor Council Chambers 227 W. Jefferson Boulevard South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate $1,000,000 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7-13-5, the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On May 2, 2008 the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 7-2008 recommending that the $1,000,000 received for Fiscal Year 2007 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. A copy of Resolution No. 7-2008 is attached for your review. I will attend the Council meeting when the ordinance is considered. Contact me at 235-9374 or akolatana,southbendin.gov if you have any questions. Sincerely, ~.~/ i'~ Ann E. Kolata Senior Redevelopment Specialist ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT STATEMENT OF PURPOSE AND INTENT This bill will appropriate $1,000,000 from the Industrial Development Fund, Fund 434, for repayment of the Section 108 Loan for the Studebaker/Oliver Project. As required by Indiana Code 36-7-13-5, the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On May 2, 2008 the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 7-2008 recommending that the $1,000,000 received for Fiscal Year 2007 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $1,000,000.00, plus interest earned thereon, from the tax increment revenues from the CRED is hereby appropriated and set aside within Fund 434 for repayment of the Section 108 Loan for the Studebaker/Oliver Project. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Cou~'cil Attest: City Clerk i Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1 st R~ADEN'G ~ "` 1' ~~a PUBL6C NFARENG 3rd P.FADfNG NQ i AFPROV~ RFr=FRRFD PASSED' i'ii~~i i~ ~i~~°k'~ ~~fic~ ~~4 AY - 7 2008 u4;iPt Vt~GR©E CTi'Y CLEntC, StJ. B~'s•:t), tN. 1200 CovNTr-Crrr BtnLDrrrc 227 W. JEFFERSON BOULEVARD SOUTFI BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 Fnx 574/235-9021 'TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY S~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR May 5, 2008 President Timothy Rouse President South Bend Common Council 400 County-City Building South Bend, Indiana 46601 Dear President Rouse: The attached ordinance for Council consideration will appropriate $178,320 in renewal funding under the 2007 Shelter Plus Care Program (SPC) and covers the period of August 1, 2008 through July 31; 2009. The City serves as a fiscal agent and recipient of funds for the eligible agencies receiving the SPC dollars. The funding allocated provides assistance with housing for Madison Center's severely mentally ill clients and Aids Ministries HN/Aids clients. As noted in the conveyance letter from the Department of Housing and Urban Development (HUD), addressing homelessness is one of HUD's top priorities and the continuance of these projects makes a significant contribution toward assuring the development of a continuum of care system in our community. John Sellers or I will be presenting this ordinance at the May 27, 2008 meeting. Please contact me with any questions prior to then. Thank you. Sincerely, Pamela C. M er Director Cc: J. Sellers J. Gibney C. Fanello J. March B. Leonard ~E~~~ Cd ~i~l/1°~t'~a ~~il!Ge MAY - 7 2008 JOt':N vSO ~~ ~Q, ltd. C~'Y CC`:RK, COMMUNITY DEVELOPMENT PAMELA C. MEYEA 574/235-9660 FAx 574/235-9697 ECONOMIC DEVELOPMENT I'INANCIAL RC PROGRAM DONALD E. INxs MANAGEMENT ~ ' ~' ~ 574/235-9371 ELrzneErx LEONARD n f j 574/235-9371 ~~' ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $178,320 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT Iii order to deliver services to seriously physically and mentally ill individuals within our community, The City of South Bend received funds from the U. S. Department of Housing and Urban Development for the delivery of such services through various subgrantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The sum of $178,320 is hereby appropriated in Fund 212 and shall be administered by the Department of Community & Economic Development and its designated subgrantees as noted below: Madison Center IN36C60-2044 $134,664 Aids Ministries/Aids Assist IN36C60-2043 43,656 TOTAL $178,320 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented to me by the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day of 2____, at o'clock .m. ~St ~~~,aE;~G S'lL`~~ PUBLIC HEARING S rd E.[~,l~iPdG riot ~,~b~;ovE~ REFE2P.ED PASSED Mayor, City of South Bend, Indiana ~t~~~ 1~ ~~~d~ i~~ MAY - 7 2008 ~~t;La V~Gi3~E c~ ~! ~ti,~, se. ~~;~a, ~r~. i, COL)NTY--CITY BUILDING 227 ~/• JEFFERSON BLVD. Soim3 BEND, INDIANA 46601-1830 PHONE 5741235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 7, 2008 ~; ~~ ~~~ . °~~ ,~. ~ Mr. Timothy Rouse President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance Dear Mr. Rouse: Attached is an ordinance which appropriates funds from various accounts. We have combined all requested appropriations in one ordinance for the sake of efficiency. The various appropriations involved funds for expenditures which were projected in the 2008 budget process though not precisely. Other appropriations were budgeted and previously appropriated in 2007, but the projects involving the designated funds were not completed in 2007. A summary of the appropriations covered by this ordinance is as follows: UDAG Fund #410 -Appropriate $1,000,000 for zoo repairs. This was originally approved in 2007, but the contract process was not completed. 2. UDAG Fund #410 -Appropriate $1,000,000 for City's financial investment in the Notre Dame Nanotechnology Center. 3. EDIT Fund #408 -Appropriate $110,000 in unencumbered funds for Project Future billings not paid in 2007. 4. Emergency Medical Services Fund #288 -Appropriate $105,000 for Phase I of the Training Tower Project, of which $100,000 is Indiana State grant funds and $5,000 is a donation from Wal Mart. JANICE L. HALL ,JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOUxcis INFORIrrATION TECxNOLOGY Mr. Rouse Page 2 May 7, 2008 I will present the ordinance to the Council at its Committee meeting and at the public hearing. Thank you. Sincerely; M. Catherine Fanello, CPA Controller ~ii~d 4n ~i~r~'s ®~~ic~ MAY - 8 2008 JOSiN VQORDE CITY Ci.ER?C, ~Q. ~~P1®, I~• ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE FUNDS FROM VARIOUS ACCOUNTS: $2,000,000 FROM UDAG FUND (#410); $110,000 FROM EDIT FUND (#408); AND $105,000 FROM EMERGENCY MEDICAL SERVICES FUND (#288) FOR VARIOUS COSTS STATEMENT OF PURPOSE AND INTENT In order to adjust the City's finances in 2008 as a result of costs which were projected but not precisely known when the 2008 budget was adopted, it is necessary to make specific appropriations from various City funds. It is further necessary to make appropriations for other expenses previously budgeted, payment of which was delayed for reasons outside City management control. The appropriations within this ordinance are the following: 1. UDAG Fund #410 -Appropriate $1,000,000 for zoo repairs. This was originally approved in 2007, but the contract process was not completed. 2. UDAG Fund #410 -Appropriate $1,000,000 for City's financial investment in the Notre Dame Nanotechnology Center. 3. EDIT Fund #408 -Appropriate $110,000 in unencumbered funds for Project Future billings not paid in 2007. 4. Emergency Medical Services Fund #288 -Appropriate $105,000 for Phase I of the Training Tower Project, of which $100,000 is Indiana State grant funds and $5,000 is a donation from Wal Mart. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $2,000,000 is hereby appropriated and set aside within UDAG Fund #410, of which $1,000,000 is for zoo repairs and $1,000,000 is for the City's investment share of the Notre Dame Nanotechnology Center. Section II. The sum of $110,000 is hereby appropriated and set aside within EDIT Fund #408 for the City's financial obligation to Project Future. Section III, The sum of $105,000 is hereby appropriated and set aside within Emergency Medical Services Fund #288 for Phase I costs of the Training Tower Project. f Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by .me on the o'clock . m. City Clerk day of 2 at Mayor, City of South Bend, Indiana t st READfNG S - ~~-'~ g PU6LiC FiEA~'ING 3 rd €;EAGiNG NOT APP4OVFD R.E~€RRED PASSED ~`ilad In Cter~'~ Office MAY - 7 ~$ ,lQHN YOOflDE CRY CL:RK, SQ. SENq, iN. CouNZY-Cmr Bun.ptrrc 227 W JEFFERSON BLVD. SouTx BEND, INDIANA 46601-1830 PxoNE574/235-9216 Fnx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER '~~it ~~~~ 3 ~ ~g May 7, 2008 Mr. Timothy Rouse President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance -Local Roads and Streets Fund (#251) Dear Mr. Rouse: Attached is an ordinance which appropriates $2,000,000 from Local Roads and Streets Fund (#251) for construction work at the Ironwood and McKinley intersection. All funds for this appropriation were provided by the State of Indiana and were received by the City in November 2007 I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sincerely, M.Catherine Fanello, CPA Controller ~Y~~~ l41 ~~~1'~5'~ ~~`~~~® MAY - 8 2008 JQh°r! t~O~FIL'E Ci'1Y C~r~'iK, ~~. BE~~, tN.~ jArrlcE L. HAIL JoI-u r McIRrHY RosERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INZ:oRMATIONTECIINOIOCY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $2,000,000 FROM LOCAL ROADS AND STREET FUND (#251) FOR IMPROVEMENTS AT THE IRONWOOD/MCKINLEY INTERSECTION STATEMENT OF PURPOSE AND INTENT It is necessary to appropriate $2,000,000 for construction work at the IronwoocUMcKinely intersection. This expenditure was previously approved, but necessary contracts could not be executed before the end of 2007. All funds for this appropriation have been provided by the State of Indiana and were received by the City in November 2007. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $2,000,000 is hereby appropriated and set aside within Local Roads and Streets Fund #251, for construction and other expenses to improve the intersection at Ironwood and McKinley in the City of South Bend. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 at o'clock . m. 1st READING ~ ~'L_~ Pusuc kEAR~tvG 'rd READING rf07 A¢~'ROVED '•E~'ERRED GASSED Mayor, City of South Bend, Indiana Ft"1~d f n ~t~rk'~ C)~fiC~ MAY - 72008 JCHN YDGRLIE CITY CLERK, S0. R[ND, !N. CAUNTY-CI1Y BINDING 227 W. JEFFERSON BLVD. SovIH BEND,INDIPNA 46601-1830 PxoNE574/235-9216 Fax 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER 'a~~ ~ ~ ~'~ 3l-erg May 7, 2008 Mr. Timothy Rouse President, South Bend Common Council 4~' Floor, County-City Building South Bend, IN 46601 Re: Appropriations Ordinance -General Fund (#101) Dear Mr. Rouse: Attached is an ordinance which appropriates $218,963 from General Fund (#101) for the costs of the 2007 election. These costs were not precisely known during the 2008 budget process. I will present the ordinance to the Council at its Committee meeting and at the public hearing. Sincerely, i M. Catherine Fanello, CPA Controller Filed 1r~ +Glerk's ©fi~zce MAY - 8 2008 JpNPIV90RDE CRY CLERK, S0, 6END, !N. JANIGE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $218,963 FROM GENERAL FUND (#101} FOR 2007 ELECTION COSTS STATEMENT OF PURPOSE AND INTENT It is necessary to appropriate $218,963 from General Fund (#101) for the costs of the 2007 election which could not have been precisely known during the 2008 budget process. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The sum of $218,963 is hereby appropriated and set aside within General Fund (#101), for the cost of the 2007 general election. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. .- (`` ( ~ ~'~^~~ "'tit I / a ;~ "~ti~ E~'..bj~-`~ Member of the Common Counci Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 at o'clock . m. ~ii~d lti C{~~k'~ 4fif~ce ~11 Iayo ,City of South Bend, Indiana 1st Rf'ADI~lG 5 '~~~`"'~~ PUBLIC HEARING 3 rd P.EADING NOT APPROVED RcFERRED PA cccn MAY - 7 X008 ,lQHi~ dDORDE CITY CL.EnK, E0. $E?.D, iN. `~~~1t Via- 3z-~~` 0 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the East/VVest alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the East/VVest alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lot 6. Section IV. The purpose of the vacation of the real property is Saint Joseph Regional Medical Center has given Women's Care Center property to expand their facility and the alley space is needed for that expansion. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. Approved and signed by me on the o'clock . m. 1st R~ADfNG S ~~~" ~ PUBLIC HEARING 3 rd READING IOT APPRO.VI:D EFEP.RED PASSED _ City Clerk day of , 2 , at Mayor, City of South Bend, Indiana Si1;-!?1 UOCFtGE CiT't CLo:t~~, St?. KENO, IN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The alley to be vacated is the East/VVest alley North of LaSalle Avenue from Notre Dame Avenue East along the North lot lines of lots 7,8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana B. THE STREET DESCRIBED AS: East/West alley North of LaSalle Avenue from Notre Dame Avenue East NAME (signed & printed) ~~~~ ADDRESS yalS' ~~SOrI o`er-u.~S ~~ ~~ LOT # r --s ~-y ti~ aY - .~ 2oas CONTACT PERSON (S) NAME: Tim Sexton - acH,i vouelE: ADDRESS: CITY CLEi,K, SQ' E~}:D, IN. 4215 Edison Lakes Parkway, Suite 300 Mishawaka, IN 46545 RETURN TO:OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-247-8795 18-5020-0715 18-5020-0716 18-5020-0708 - 185020-0717 18-5020-0720 18-5020-071 B 18-5019-066001 ~ Q 185020-0721 0 O 18-5020-071601 18-502D-0725 18-5020-0727 18-5020-0728 18-5020-0729 1 B-5020-0726 LaSalle Ave ~iF~~: ~"~ 'Sept.,, , ~'~i3:~s. .~..... - 1 ~ E.~~,; ~ S c ...~ ~, . ,;tai;;.} ~.,,~ - t Legal Description: --~--------~ The alley to be vacated is the first East/V1/est alley North of LaSalleAvenue from Notre Dame. Avenue East along the North lot lines of lots 7, 8 and 9 of Dunn's Subdivision for a distance of 116 feet and a width of 10 feet, being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana. I~ ~ . P1 I + #~. ~ !~ I i_ • t= Vkws - I h ~ ~ ~ ~ Iili- . Slate L1eY { T1ans Mst ~ Quptlcete Tlbr J ~ , . , Name ~ 8ddress Qraperty Key "'-'°"' I .[ Owner of Record slate Key Property KeY Property Address 1 17 pay Yr Tex Type Tex Ur>g Status Pey Year. I B 12010 ~ ~ ~ - Seird Joseph's Regional Metlical lax Type; Real Property Key. ~. 016.6019-066001 Uee'X, to represent any j series of characters. I i [, Inclutle 010!ng and Exemptions :'liC+, Here IC dEtln? 9 *ike' 018-5019-066001 18 Vac LLL 344X493 Madison 2010 Real 1 1 ' t`..)~~'°' » ~.. ah:~!{ r .vim+.« '~ a ,,. Property Key. 018.6019A66001 gate Property KeY. Tax Wit 58 -South Bend - Partege Tax Raies Nara Not Yel Owner of Record Salyd Josephs Regional Medical Carder - Sc Been Determhed For Tex YrlPey Yr. 2009!2010 Tax Yr 2009lPSy Yr 2010 . 'erop Info Legal Qese ~ Elise (Transfer F6st ~ Alert ~ Assess~xempl ~ Audd h6st ~ AppeelsrBarilc ~ @7fuvig ;Names ; Olh Assess ~ Projects 4 - a,s Owner(s) of Record Meting Address Selyd Josephs Regional Medical Carter -South Bentl Campus, he ~.. Adcfress 1: E11 E Madison ~ Address 2 I'~ eorrtn code: ~ ~ tsA ; eaneda ;~ Other Property hformet'ron Zlp Code: 661 J Properly Key. ~'f 8.5019-061 City, uth Bend gate Property Key, gateRroNnce 11 Same as Property Address i ~ Rate DesakRlorc LAdv Tax Rate ~ ProPertY ~~~ Properly Type: ~~Exemp~t ~ I~ Class: 99 ~iO Address 1: 116 Vac Lcl 344X493 Medson i Property pen DesC er Exempt Property Owned BY AA ~ Address 2 4rgardzatirn Thal Is Grerded An &emption ~ 1 Coatry Code n USA O Carmda ~) C'Jier GovemneM Owned O True :~, Fese Z4+Code 66196fi1q 1~~ galas: i 1 AUlve O. hadive q1. LLh Bend gateRrovhce !ttt Seme e s MaRVg Address n -- ~ ~--~~ ,Spirt pat>sler Pmexatian ~~ Profda Pey Yrs ~ . ~. Go I OK I I Cancel I S~,e~ch ~~ i E 1d +~ ~'~, 4 i s $A G `s' ~'~ IY~ ~~ - ~ ZQ~v ^.ry ,~~,;za ~atio~a qj4 t~. Wednesday, Apr 30, 2008 12:23 PM 4>-_-_- ~ -__~ ~ :__-~ _ ----- - -- _ la e . r I + ++ 13A i i _ - r~ Ylews - ~ h ~ Lr ?J i ~`' . - _ .___----...~_r.__ - _...._____._ _...~._~~_ ._.._.---~ ~. ~_- ~ __ __- L~-t~~G'S~ State L~eY Trans Mst ' DuPfcele Nhr .. ~_...... ».-....,,...,.- .....-.....-..... _,..,.._..,.>. , ........ ..... _ ~ ..... .... ,. •~ j Name i address QropertY Key ~ I( Owner of Record Stale Key Properly Key Properly Address 1 !? Pey Yr Tex Type Tex UnR Status Pey Yesr. I, Here lc denr~r a nre, '~p_ _ - Hartman Roger L 8 Snelson Thomas 71.08-01-461-002.000.026 016-5020-0708 328 Ndre Dame 12010 Reel 16 AdWa ~ Tex Type: iReel I PrapertY Key. '018.5020-0708 ~ j ~~ _ j Use x, tc represent any I, series of characters. I.. Inclutle Bii~ng entl Exemptions oar peR`l~ey""-'018-5020-0709°E'^~ Stde Properly Key. 71-08-Ot-4B1-X2.000-026 iex Unlt 1 B - Sash Berl -Portage Tax Rafes Have Nd Yet Owner of Record Hartman Roger L 8 Snelson Thomas A 8 Bn 6aen Determined For Tex Yr f Pey Yr. 2f~9 /2670 Tax Yr 2003 f Pay Yr 2010 . Jop info Legal Desc ~ Msc j Transfer Hist ~ Alert j Assess~xempl ~ AutlQ F4st ~ AppealsrBank ~ @Dfug r Names ~ 0th Assess j Protects ~ f t - ~ r19 Owner(s) of Record MaPng Adtress 1~ Hartman Roger L 8 Snelson Thomas A 8 Brown Todd A as i -`I Notre Dame Adtlress 1: Trudees 328 Ndre Deme Ave Lend Trust L ~ Adtlress 2 I ;~ Country Cotle: ~.1 175A !~ Canada ~ j Other Properly 4lfamdion Zip Code: !46617 Property Key. ~1 B-5020-0708 ~ , City. Sa!th Bend State Property Key. i 7-DB117-487-002DD0-026 ~d~~~ •;. Ssme es Property Addess I~ Rate Desal tlorc ~Adv Tax Race p Property Address Properly Type: Camx~ciel ~ ! ~ Clesr. ~ 44Lr 7_~ ~ p~~ 7. 328 Ndre Dame Property tless Desc Atfice Brcldug (1 Or 2 Stay) ~ i Adrtess 2 I ~ Colrtry Code: .7 lAA ~7 Canada ~} Other Govammert Owned: r True -} Falsa Z'p Code: A551~ J stan,s: ~1 Active r, nactWe py ~Sann Bans SteterProvlnce: hr7 Seme es M aPsig Address I ~ S~Id Transfer Annexation I cort~e I Pro1Be Pey Yrs ~ +', Go~ OK I ~mx;el Search Wednesday, Apr 30, 2008 12:24 PM r r ; ~ t^+ 1.4 4 C- 01 j ~+ ~'~. ~ lf4 .w . - o Views - ~ h €~ !;`t' ~J ' State Key ~, Trans Wst '. QupOcate Nbr ,. _- ^ , _ .- - J.T.. Name i Address Properly Key '. !! Owner el Record Stale Key Properly Key Properly Address 1 f? Pey Yr Tex Type iex UnG Status =rCK n?r?1r rlrvli'~•' A Direr Pey Yeer. '2~ ~ ~' - Sakti Joseph Medical Carder trrc 71-OB-12-226-001:000-026 018-502011716 314 Ndre Dames X2010 Real X16 :Acive lax Type: Real ~ Property Key; OI 16-5020-0718 ---~ ~ i Use %to represerA arty series o(chareders. ~ - , Ndude BBfmg end Exemptions ', ' Property Key'. RTIS~~'ED:D718"J Stale Property Key. 71.0&12.726-001.000.026 Tex Unit 16 -South Berl - Parlege Tex Rates Have Nd Yet Owner of Record Sa'ad Joseph MecGcal Carder he Been DHem~med Fa Tex Yr / PeY Yr. 2009 JZO10 Tax Yr 20091 PaY Yr 2010 . !Prop hfo Legal Qesc ; Msc I Trarrsfer Wst I Alert I AssessrExempi ~ Audd FGst ~ AppealsrBenk ; Blfuig i Names ~ Oth Assess ~ Projects e ~ ~ f , Owner(s) of Record Mel5ng Address 'Seed Joseph Medical Carder 4~c _ Address 1: r314 N Notre Deme ' Address 2 Courdry Code: !:) USA ~} Canada ~.;? Other Property srfonnation Zip Code: 664 ~ ~ Property Key. ! &5020-0716 ~ i LkY• Bend Stale Property Key, 1 t-06-t2-22G-OQ7.1~-026 StdelProvmca 11! Same as Property AdrSess t di T t R D l Ad R i a esor crc 1 v a e { az e + Property Acidt'ess Property Types Exem~ ~i~ Class'.1698 'i0 i ~_ Address 1: 1314 Notre Deme Property pass Desc .Og,a ~~ property Awned By An I Address 2 gardzetion Tt~ b Grerded An Exemption Corrdry Code: !:~ 115A Q Canada r~ Other Govemmerd Owned 'a Tme ~.:i False rp coda 'd6617 ~ ~- Status .~ Active !': InadWe Cdt! lSoldh fiend SteleRrovnca 7t Sema as McIWg Address ~@ jrerufa AmexeUOn O PraTie Pay YrsC~~ ~encel ~emch Wednesday, Apr 30, 2008 12:24 PM _~~_.____.~~_._.._...___.._.. _~,.~.Y~.__--_..~~ _._~..~~._______~._____~.-- --. ... _--___..._._ _.-- --, ~: ~ k- rr, , + ++ _ ~a ~ . - ~ Vlewa - ~ ~ f~ J I ~ . State K.ey ~ Uens Frist ', Quplicate Nhr :. }. -.,ca ~ r .. .. ~ ~ .. - ~ .. ., 1. r~-..t Name ~ ~Sddress Property Key - .. i~ E Owner of Recortl StMe Key ~ ~ Property Key Property Address 1 ~ 1, Pay Yr Tax Type Taz LhIR - Sfdus PaY Year. ;;t q.r- tc dett~^. j -~te• P010 _ I ~ll~ -Pregnency Help Center, Inc T1-0&12-226-OD3.000.026 _ .018-5020.071601 _ 907 E LaseOe X2010 iRed ~1H Activa Tax 7YPe: 'Real ,-_- _ - . I Property Key. ' 018-5020-071801 - Use %IC represerA any series of cheragers. [, Include Billing enq Exempifons ~~ 1 1 ~ : :t,Yr'•4~3r,c+Ert,. ~•e-"•x,~ ~~' t~~.~"1.L'•4 b~~"Y` rp'b/'~St s...i. a, ~:. Property Key, d1&SSPLtl-011i~f` Side Property Key. 7f -08-12-22fi-003.000-026 Tex UNC 18 -South Berl -Portage lax Rales Have HM Yet Owner of Record Pregnency Help Carder, he Been Determined For Tex YrlPay Yr. 2009!2010 Tax Yr 20037Pay Yr 2010. ' Pro p hto ~ Legal Qesc ~ Llsc ~ Transfer hGsi , A(ert ~ Assess~xempt ~ Audd h es t ~ AppealsrHenk ~ Qlfing ~ Names I Uh Assess ~ Proleds 1 - f~ O wner(s) of Record Malfulg Address Pregnancy Help Center, Inc Address 1: ~o Box283 - Address 2 i r Courdry Code: .,~ USA J Canada C) gher P roperty hformetion Iql Code: ,46546 a L ~ Property Key. !Dt8-5020-0718ttl ~ Cdy. ~kshaweke State property Key. i 1-08-12.226-003A00-026 SleterProvfnce: 8! Same es Property Address Rate Desppdierc Adv Tex R le ~ e Properly Atldress Property Type: ~COJnmereid . ~ Class: 44I~ ~ Aq~ess 1: 7 E LaseOe ~ Property pass Desa er6cal Cfudc Or Offices ~ Address 2: f l- ' Couiry Code: ~~ uSA n Csnada (~ Other Govemmerh Owned ~J True ~..~ FeLSe __~ Zlp Code: ~ 66P ' 7 ,I Status: J Active ~' haclive CIIy ~ ~~ Stete+R'ovhce:~ Same as Meimg Address I~~~- , ,cp@ Uernfer MreKdien u Protae Pay Yrx ~ . ; Go ~_] Qmud search Wednesday, Apr 30, 2008 12:24 PM ., ,... ~a a r- Y-I ~: + i+ t~Y ?,_ ' ~ Views - C ~ Ld' ~ i ~ - State Key ~ pens Hist ~: Quplicde Nbr r. " i ,M b _ r .. .. .-- .- V..'..,..... ~ . Name '. address Property Key ,~ OH,ner of Record State Key Property Key Properly Address 1 r. Pey Yr Tex Type Tex Lhid Status .': Herr fc. SIF(inr s :firer Pey Vear. _ I~~ :2010 ~A / Breen KennethL 71-08-12-226-004 A0D-02fi 010-5020-0725 915 Lese0e X2010 Real 18 ~.Adlve Tex Type: ,Real property Key. ~ '018-5020.0725 Use %to represerA arty series of charaders. L; Inclutle BOGng and Exemptions search ... - 4 , ~ ~~'~• Ate... , Property Key. RI172A Rate Property Key. 71-08.12-226-004.000-026 Tax Una 18 -South Bend -Portage Tax F.af es Heve tJd Yet Owner of Record Breen Kenneth L Been Determv~ed For Tax Yr !Pay Yr. 2009 1 201 0 Tex Yr 2009 !Pey Yr 2010 . iProp Info Legal Desc I Msc ~ Transfer F6st I Ajert I AssessrExempt I Audd Hst I APPaelsiBertk I @~fng j Names , Otli assess I Projects t'~` Owner(s) of Record MelBng Address 'Breen Kenneth L ,' 1 Address 1: ,24330 S R Address 2 I j J Cour3ry Coda: ~~;•j USA e j Canada (~' Other Property btormellon IW Code: i4655~ J Property Key. 118-5020-0725 Cty orlh Elderly I Stde Property Key. 71-08-12-226-004.000-026 StaleiPrv'rtrrce: ~p Same es Property Address Rate Descrlptbrc iAdv Tex Role property Address Property Types. ~Res~'~deriiel ~ iQ Class:~510 ~ ~ Address 1: 5'IS Lesa~e I Property Class Des¢ a FamBy Dwelfmg On A Platted Ld ~ Address 2 Country Code• ~, USA, Q Canada Q Other Govenvnert Owned ~~i True ;:) False ~ Code: 46617 Status: f_: ~ Adlve ~" InadNe qy. 'SSouth Bend -' - - SlaterProvlnce: i~ Same es MaPUrg Address LPN Transfer Arviexa0on Combyie ProfBe PaY Yrs: ~ ~; Go Wednesday, Apr 30, 2008 12:24 PM Y.: __-.. - _ . !i a r a.l ~, + ++ ~ ~ ~~ : r wawa- I C' ~ lY J, ice. ..~...a.-,-,-........... -.,....~ .--. .. „... ~._ .. -. Stale Key Trans Mat i Quplkete Nbr . .-d i. .~.'. , ~ Name 'Address lopedy Key i[ Owner of Record State Key Property Key Property Address 1 t' Pey Yr - ,:~ Hero to ~IFti-ie a'7r Pey Yesr. ;2010 ~ i / YODER AARON & LANt31 71-08-12-226-005.000.026_ _ 016-5020-0726 917 Lase~e ;'2010 Tex Type: 'Real Property Key. D1_seD1 se ozo-olzs Use %lo represent any series of characters. ;~ Include BilOng end Exemptions X16 ~ACtiva ~; . , r< Si *' ~ 59. ' Y '1~ E'. P - t t :.•, ' '' ' 'J ' r ~ r . ; . ~ .. . 1'a ~.#: I 4 r 4 .. - ' Property Key. VSBST3~O~R..^S Slate Properly Key.71-08-12-226-005.000-026 Tex Unk 18 -South Bend - Portage Tax kstes Heve tJd Yet Owner of Record: YODER AARON 8 LPJ~L Been Determ"nxai Far Tex Yr 1 Pey Yr. 2009 !2010 Tax Yr 20031 Pny Yr 2010 . Prop h1o I Legal Qesc ~ Esc ~ Transfer FGsI ~ Alert ~ AssesslO,xempt ! AudIl Wst ~ AppeelsiBarilS ~ B4vg I Names ~ Oth Assess ~ Proleds r x ~ i~ Address Malfm O wner(s) of Record g YODER APRON 8 LANEL.L ,~ Address 1: X917 E LASPLLE AVE Address 2 I ~ Country Code: ~) USA i~ Canada r~ Other '46617 j P roperty Ntormation Zip Code Property Key. X1018-5020-0726 ~Y '~o~dtt Berxl . State Properly Key. ~i-O6-12-226-005.000-026 ~d~~C •~ Same as Aoperty Address Rde Desaip8orc ,Adv Tex Rate ~ I property Address Property Type: IResidentl~ el ~ I~ Clear. X10 ~ a Addren 1: X917 LasaEe ~ ~' Property Class Derr. IOC FemAy Dwelrvrg On A Platted Ld ~ Atldress 2 i ~ Country Code: t USA Q Canada ~7 Other Government Owned: Q Tn,e ~.:i Felsa ~ ^ Zp Code: 96617 Status ~~7 AdNe ~"• heciNe CAy: ~Sodh Bend SfaterProvince: 81 Same as McSurg Addre s s Ca~~t ~ $pid Transfer Ame~ef'ron ~ Protde Pay Yrs: C Ga ~ 1~..1 Search Wednesday, Apr 30, 2008 12:24 PM i6 -0 r t 1 + +~• ~ ~f7' .. '~ Views • C" ~ OY J I~....-.,_... _ _.~.... ,.,....,.........K-.....~.-._. ._.~M .~ -.,................ ..•........ -...,.. ... .,._ , .. wR ., ..:_ State Key ~ Tjans Msl ~_ Qupecate Nbr p 1 r a ~.:~I a.:i.! t ~ ... '~' ,- _A . ~ _ Name ~ P.ddress Qroperty Key 6 ,~ :! Owner of Record State Key Property Key Property Address 1 1' Pey Yr Tex Pey Year. , :2010 I,' ~ LerkN John E Jr 8 Patricia A 8 71-06.12-226-006:000-026 016-5020-0727 _ _919 Lasalle 2010 :Reef Tex_Type__ __ ~. Reel ._. _ ., _._ ~, i Property Key. __ ~o1e-sazao727 ___ ,-I ' Use %to rePieserd any _ series of characters. ~ Nclude Blling and Exemptions Search 1 1 Y~t~~,~tiif"~s~. aY,. 'i^J•.a Ye ~~~~-x+, iS.R:~. ;;~ '+y., - Property Key. @,~;Qa12`I~- State ProPertY Key. 71.06-12-226-0O6A00-026 Tex Unk 16 -South Bend -Portage Tax Rates Havc hlol Yet Owner o1 Rewrd LarkN John E Jr 8 Petdcie A 8 Margaret E Been DetermNerl For Tax Yr J Pey Yr. 2009 !2010 Tax Vr 2003 !Pay Yr 2010 . Prop Nfo Legal Dese I Msc ~ Transfer Mst I Alert I AssessrExempt ~ Aude FGst ~ AppealsiDank ; @ieing I Names I Oth Assess I Projects L'J',Jr Matin Address Owner(s) of Record g I Lerkin John E Jr 8 Patdda A 8 Margaret E Address 1: 919 E Lessee Av I Address 2 1 J Cou<trr code ~,, usA p eaneda r, oti,er 4661ri~ ~ ~- i d C Property hformatlon _ e: i p o Z Property Key. A7&5020-0727 ~ CiyBend State Property Key. i 1-06-12-226-006.000-026 ~ S1ateJProvixe:~ Same as Property Address Rate Descrlptiort IAdv Tex Rate ~ i Property Address - Property Type: IRemd~el -~ ~ Class: 510 ~ I~ ,address 1: 19 Lessee Property Ciess Desc p~ Femay Dwelfv~g On A Plaited Ld ~ _ Address 2 I ~ Cwtry CodC •~ USA Q Canada r,~ Other Oovernmeri Owned ~J True ;~) Fdse r~ Zip Code: i<6617 Status: i': Acllve r,'~ hedlve Cty. Souh Bend SfdelProvNcc Jt~ Same es Marling Address ~ S}~@ Irersfer Ame~eOon 1 Combtla I Profie Pey Yrs: ~ ~ ~~ ~ ~~ Wednesday, Apr 30, 2008 12:24 PM i.. .. "~ .. F~ lR w y n I I + ++ ~ ~ : ;77-._ - n News - i h ~ rr J I t~ . _...n_._.,.._,.-__._._,..~,~__..._.~~ Stale Key ;Trans Hilt ~ Duptlcale Nbr p. ^•-~~•.- ,.. ,-•~ -. y ~..~-. Name ~ address Ploperty Key I ;[ Owner of Record State Key ~~ Property Key Property Address 1 (^. !. ~ Q ;;r,Y. 'Yi'! tc rlfsmf ~ "IGfY Pay Year. 2010 ~ ; - Sappington Howertl W 8 Petrlda J 71-06-12-226-007.000-026 _07 6-5020-0728 923 LasaOe -a Taz Type: ~; Real i. Property KeY• __ _ _ i , 016-5020-0726 ~ j Use'>c to represzrA any i. series of charecters. ~' trrclutle BiPng end Exemptions 0 Real ;16 'Adlve Property Key. t9f~".Z Slate Property Key. 71.06-12-226-007.000-026 Tex Unk 16 -So~dh Bend - Portage Tax Fetes Have Nd Yet Owner of Record Sappington Howertl W 8 Palrtia J Been DetumP~ed Fa Tex Yr !Pay Yr. 2009 !2010 Tex Yr 20091 Pay Vr 2010 . .Prop hfo Le9el Q~ I L~so I Transfer F9st I Alert ~ Assess~Exempt I AudA FGst ~~ AppeelslBank_ , @4ug I Names I Oth Assess I Projects ~~.! 6~ Metin Address Owner(s) of Record g Sappngton Fbward W 8 Pelride J i Address 1: E Lasalle Ave ___~ I I Address 2 ~ Coi+trY Code: .i USA ~~ Corrode ~,} Other 46617 j Property/ Mormaticn $ Code: Property KeY• f71 &502D11728~ Sadh Bend Coy. ~, Stile Property Key. '71-06-12-726-007D00-026 ~d~~e a1 Same es property Atld'ess -~ Rale Descrlptiorc •AdvT~ property Address Property Type: jResiderdi~al ~ i~ Clsss:151U J~ ~~ Atl3ess 1: 923 LasaEa Property Class Desc FamAy Dwelling On A Pleated Ld ,_ Address 2 Couiry Code: .j USA ~ Canada Q Other Govemmert Owned ~ Truer :~i Fdse ~ CodC 4661- a Status: i_j Active ~ traUt++e ~ tSoith Bend Sta'eRroviicc~ Same es Madcrg Address Sp@ Irerufer Ameseticn Comb}ro ProTae Pay Yrz C Go ~ ~~ Search Wednesday, Apr 30, 2008 12:25 PM 1 t t ~Iy~ J State (Say l Trans FGst I Duplicate Wbr ,) }: _'. r. a 1 4 . r ~i~-.!. _ ,. :7:..' _ Name I Address Qroperty Key F Owner of Record State Key ~ROperty Key Property Address 1 i Pey Yr T Tex Typa Tex IkiR Status •'I~cY, here tc ilafr~.: a +i;er Pey Year. ';2010 ~ ? - Domogale Deen F 71-08-12-226-002.000-026 01&5020-0721 311 Fronds '2010 Reel X16 ~'Adlve i __ ._ ___.___.__. - _--_.__ _ .. __.__ i _- .- ..- __. __.L-_ ._.- _ _ • Tez Type: 'Reel -~--~-- ~' Property Key._ ;018.5020-0721 ~- _.. .__. Use %to rtpreserA arty Series of charedErs. Nclude Biling and Exemptions SieerCh ~ 1 ~~ -I Property Key. 01$T~2'0-Q12~ Stele Property Hey. 71-06-12-226-002.W0-026 Tex UnR 18 - SouN Berk - Portage Tax Rates Have Nd Yet Owner of Record: Domogeie Dean F Been Determined For Tex Yr !Pey Yrt 2D0912010 Tax Yr 20091 Pay Yr 2010 . ~ProP Mo Legal Qese I A_fisc I Transfer Fist I Alert I AssessiExempt I Rudd Fist I APP~s+~dS I @1fs19 I Names , Oth mess I Rojeds CIL~I!! ~~ Maifvtg Address Owner(s) of Record ,DOmogale Deen F l+ Address 1: `311 N Francis Address 2 MISC ~ ~ Country code: ~':; LLSA J Canada • ~ other 6617 ~ a d C 2 Property Intormetion e: o N RoPerty Key. 018-5020-0721 Cif, 5adh Bend State ProPertY Key. 171-08-12-226-002.000-026 ytd~~s~ Same as Property Address Role Descriptlorc iAdv Tex Rete Rim, ~d,~ Property Type: ~ResideAi~ ~ ~ doss SL 2l? ~~a Address l: l'771 Francis j Property dens Deso: ITwo Famiy DweQmg On A Platted Ld + Address 2 Caatry COdG L U$.A ~1 Cenede t~ Dlher Govenmert Owned: ~' True . ~~ False ~ Coda 661p~, ll ~- JJ Status ~.~' Aciive ! -~ hxiNe ~ _.._. ~ B ay SetedkoYvice: '~ Same es MeiLng Address S~pfd Transfer Arnex~efron Combpte Rolfe Pey Yrsl ~. Go ~ I...J Wednesday, Apr 30, 2008 12:25 PM ~_ 4_. _ __. _ .. , - State Key Trans Hest Duplicate Nbr ~ _ Name .Address Property Hey ' E Owner of Record State Key Property Key Property Atldress 1 ''.,~ :IKk n?r? lr d?tme a 9F.er Pay Year: Ij 2010 ~ -Gelnes Christopher W 8 Mrkpetrlck 71-08-01-401-007.000-026 016-5020-0720 _ 315 Francis Tex Type: Real i_ _. Property Hey. ___ _ A16 50200720 ~~ Use %ta represerA any series of characters. :~ Include Bilfng and Exemptions ~eerch r' IPey Yr ITaX Type ITax UnR 2010 Real X18 ACtiva __ .'c. 'row a v:e ~~~~~ Nr~F.~ i r I L. f: .:~ k ~'~ Et a r't-..'. S.: Property Key. N&59A~71.4a Slate Property Key. 71.06-Ot-481-D07A00.026 Tex lJn~ 18 -South Bend - Portage Tax Rstes Havc Not Yet Owner of Record: Gelnes Gvistopher W & Krkpa<rick Roma L Been Determ~ed For Tax Yr !Pay Yr. 2009 ! 2010 Tax Yr 20031 Pay Yr 201 D . ;crop h1o Legal Desc 1 Msc ~ Transfer F6st I Alert I AssessiExempt ~ AKdd Mst I AppeelslBenk i @~ ~ Names 10th assess ~ Praleds ~ 4 ~ - ~~ Owner(s) of Record Ma~kag Adtlress IGalnes CMstopher W 8 Kkkpatrlck Dome L Address 1: 5 Francis _ J Address 2 Courdry Codes i.: USA r~ Canatle {J Other Property Information Zip Code: 661~~ O Property Key. ~I18-5020-0720 CflY ~ Bend Slate Property Ke{, 171-06-01 A81 -007AOD-026 StatelProve,ce irtt Same es Roperty Address Rate DescrlpUorc ;Adv Tax Rye Property Address Property Type: ~Residerdiel ___ -I~ Class: ~510~~t~ Address l: X16 Frerxis Property Class DesC pne Family DweRng On A Platted Lot Address 2 I ~ 1 ,! Cortdry Code: r:,, USA i Careda "Other Government Owned r ;~ True ] False 1-~ ~ ~ 466 Slates: ~:1 Active rv taxttve C>t1! 'lSouth Bend -_-_-- StateRrovkx:e: ttS Same es MaTug Address $PB perxfer Amexetion I C~eJ Profae Pey Yrs Ca Wednesday, Apr 30, 2008 12:25 PM rte r 1.` .. ~ `- -___:__..___.._.___.._.___. .. __._____..__.____._._._.~_~__--.--.. ~______~___._~_~~~a~ _ __._ ~.-w___ .u _.._. .~_r__- __ ____.__.__s_._ _._ _ I~ ~ ~ r! 1 t t} ~ '~ ~- ~ ~ Yewt ~ C ~ L"1d!'` ~ I ~~ . State KeY 'Trans Hilt ~ Quplicete Nbr ~~ ! ~ ~; i .. ~, ~~~ ! c, » <.'~) . .. ,... ....~... ...,.,.- -...-.. ~... .,--., ,..,.....-...v....-~.... ....., ....., .. _ T .- -... . Name ~, Address Property Key '~~ .1 Owner of~Recard StMe Hey Property Key Property Address 1 t-~ Pey Yr Tex Type Tax llnd Status ',~ .' ~: hard tC iIETInP a'iPer Pey Yeer. X70 i~ 1 Zywickl Andrew 71-06-01.461 -0D6A~-026 _ 016-5020-0717 .321 Frencls 2010 Real ~~16 ',ACtlve Tax type:_ _ (Reel _ ~~ Property Key. _ __ _ _ I~~ 016-5020-0717 Llse %to ref+reseM arty series of chiaraders. `..Include Bimng and Exemptions Search Property Key. Q1~M5~-0713 SteGe Property Key.71-DB-Ot-461-006D00-026 Tex Unit 16 -South Bend -Portage Tax Rates Have Ncl Yet Owner of Record ZYw~ Andrew Baen Determiied For TeX Yr IPay YC 2009 1 201 0 Tax Yr 20031Pey Yr 2010. crop Info Legal Qesc % @(isc I Treruter F4st I Alert I Assess>4xempt I Audtt Hist I APPeals~Berdi I @~rg Names ~ Oth gssess I Rojeds ~t~~~ Owner(s) of Record McTuig Address ~Zywicld Andrew Address 1: ~ N Frarx:is S Address 2 ! I ~ ( Country Codc. • ~~ LISA ^ Canada ~'~ Other Properly Information Zqr Code: 46617 Property Hey. 1018-5020-0777 ~ ulh Bend Y State Property Key. 71-06-01-461-006.OOQ1126 StetelProvmce: 0t Seme es Property Address Rate Desalptlart ~Adv Tax Rate ~ ~ property Address Property TYPe: .Resitl~erdiel ~;~ desx ril0 ~~ Address l: Eris ~ . Property Class DesG pne FemBy DweQng On A Platted LA Address 2: ,; J Corftry Code: ~ L6A t~f Carrede ~_) Other Oovemmert Owned V T~ .. ~ False ~ Code: 466r 1~:0 ~~ Status .: Alive (`~ tnadlve CIIy ~ Bend _ .__ ._ . -.. -. . . SteteRrovExe: NIt Seme es McTvrg Address APR pansfer Ame~rellon Combjre ProtOe Pey Yrx~ ~.~~ Wednesday, Apr 30, 2008 12:25 PM rr 4 State KeY ~Trens Mst Qupllcate Nbr R ",G a, r. ~ t :.N-, ; ..........__ yr,..,....,. ..> . -....,._.,>....-...>.. ,-.,.,.....-. ...,... ..~,........._..--,_ .. _,. (yeme ~ A.ddress eroperty Key . . ~, E Owner of Record State Key Property Key Property Address 1 r,. Pey Yr iaz Type Tax EhrR Status Pay Year: I~ c:. nP.r=. it deism a ure- 2010 j~ISaiM JOSeph'S Regional Medcal 71-OB-0161-OOSA00-026_ 016-5020.0716 325 Frencls. Lot9 12010 Reel 16 Adlve i Taz Type: _ - --_ _ - Rcal Property Hey. i01 &5020-0716 Use %to reprerenl any series Ot Ch919!teYS. f` hchro'e BrRng and Ezempifons 5~ r I j~# ,'~, x~aa7~v~ ~'. ~•S-fa~'rr~^'~ ~` `''.C. -.a; S : ~ Property Key. QJg.!i@6IIfiy' Slet a P ro~erty Key. 7f-08.07-487-005.000-D26 Tax IME: 18-South Bend-Portage Tax P.etes Hevc Nd Yet Owner of Record SeiN Josephs Regonal Medical Carder - Sc Been Determined For lax Y~lPay Yr 20D912010 Tax Yr 20091Pay Yr 2010. crop Info Legal Qesc ~ Msc ~ Trarufer host ~ Alert ~ Assess~xempl ~ Audt M st I AppealslBardS ; Bi!fmg ~ Names j 0th essers ~ Rojeds ~~~ ~ /~, a:~ Owner(s) of Recad McSng Address Salnt Josephs Regional Medcal Carder -South Bend Campus, tr1c ~.. address 1: P 0 Box 1435 ~ Addren 2 i I _ ~ Courdry Code: ?; USA -; Canada ;; Other Property Information .Zip Code: ,4653r~O L J Property Key. ~ A18-5020-0716 _. CEy. RSotdh Bend Slate Property Hey. X71-08-01.481-OOSA00-026 StateRrovEice hYt Seme es Property Address Rata Descrlptiorc +Adv Tax Rate . ) ProPerN ~~~ ProPertY Type: ;Exempt .~ pass:,699 .l~ A Address l: I Francis Lot9 i Property Class Desc paver Exempt Property Owned By M iOrgerdzatton That Is Granted M Fxertydion ~ Address 2 ~ Ca+try Cade: !:l L5A ~ Corrode !~ Other Government Owned ~ True ) Felsa Zip Code 4651~~ ~ L Status: ~~ Andlve v Yroctive Qy: 5onth Bend --- StateRrovhce: ~~ Same as MaTng ktldress ~p jransfer Ame~ation ~ Profile Pay Yrx ~ . I ~ I qS ~ ~Cm~d~ search Wednesday, Apr 30, 2008 12:25 PM