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HomeMy WebLinkAboutReconfirming Tax Abatement - Villas at Lake Blackthorn Cooreman Real EstateAttest: RESOLUTION 4293 -13 Passed by the Common Council of the City of South Bend, Indiana October 28, 13 20_. City Clerk (11'Juakk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 29, 20 13 Approved and signed by me 0 cTas £ P- Z9 20 3 . City Clerk RESOLUTION NO. 'it-(3—(3 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN (Located on approximately 56 acres north of Brick Road, and west of and adjacent to the U.S. 31 Bypass) having the addresses 5005 Masthead Court, 4704 Portside Drive, 4603 Pier Court, and 4643 Starboard Drive RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. 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 The Villas at Lake Blackthorn, South Bend Indiana, and which are more particularly described as follows: LOT 47 THE VILLAS AT LAKE BLACKTHORN SEC 1 025- 1010 - 017665 LOT 73 THE VILLAS AT LAKE BLACKTHORN SEC 1 025- 1010 - 017691 LOT 78 THE VILLAS AT LAKE BLACKTHORN SEC 1 025 -1010- 017696 LOT 88 THE VILLAS AT LAKE BLACKTHORN SEC I 025 -1010- 107706 be designated as a Residentially Distressed 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 a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution which was Resolution No. 3864 -08 which was issued on May 12, 2008 and WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within one (1) calendar year from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory 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 SIX (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. 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. ruESLti,L� [0 -a-(3 NOT. APPPGYLL A- 300P,iX -t- �I&N I k:�- Mem6er of the Common C i "Ued in :40U'6i SEND, IN TO THE COMMON COUNCIL OF THE CITY Cc SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -71 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS HAVING THE ADDRESSES OF 5005 MASTHEAD COURT, 4704 PORTSIDE DRIVE, 4603 PIER COURT, AND 4643 STARBOARD DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP. INC Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Community Investment Committee. Karen L. White Chairperson, Committee of the Whole 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTrvE DIRECTOR October 14, 2013 Council Member Gavin Ferlic, Chairperson Community Investment 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. Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 574/235 -9021 On October 2, 2013 the Petitioner submitted a petition for residential tax abatement for real property for 51 lots located in Sections 1 and 2 at the The Villas of Lake Blackthorn. The petitioner previously had separate abatements on the lots in Section I and the lots in Section II. The Residentialy Distressed Area (RDA) designation for the lots in Section I expired on May 12, 2013. The RDA designation for the lots in Section II expired on July 27, 2008. The Department of Community Investment requested the customary report from the Building Department. That report revealed that five of the lots were zoned Local Business and that a building permit had been issued on another four lots. The petitioner has decided to remove the five commercially zoned lots from any further consideration. For the lots which have a building permit pulled we are asking for a one year extension on the previous abatement which was confirmed by the Common Council through Resolution 3868 -08. This is because anew abatement may not be issued on lots which already have a building permit that has been pulled from the Building Department. For the 42 lots which are zoned residential and for which no building permit has been pulled we are requesting an entirely new year residential abatement. Each home will cost approximately $250,000; the project cost for the 42 lots is $10,500.000. For the extension request, the project cost of the four homes is $1,000,000. A new spreadsheets which show the taxes abated for the four lots receiving an extension request is attached. There is also a spreadsheet attached which shows the taxes abated for the 42 lots receiving a new 5 year abatement. A representative of the Petitioner will be available to meet with the Committee on Monday, October 28, 2013. 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 -9375. PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER DONALD E. INKS Sincerely, ze/ Brock Zeeb Director Business Assistance, Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Chris Fielding Dave Relos Scott Ford Circuit Breaker Cap Circuit Breaker 1.0000% 2,650.00 5 YEAR 2,650.00 Debt Service 17- Oct -13 0.5057% Cooreman 378.67 32931 South Bend Portage Township 3,357.98 Residential Real Property Tax Abatement Schedule" 2,979.31 Estimated Project Cost: $260,000 00 Total Total Taxes Tax Abated" Tax Paid — Assessed Value: Tax Tax Structure (% AV of cost) 100.0% 250,000.00 - 250,000.00 250,000.00 Land Value 15,000 15,000.00 N/A N/A Gross Assessed Value 265,000.00 250,000.00 250,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (77,000.00) (77000.00) (7700000) Base Assessed Value 140,000.00 125,000.00 125,000.00 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non - Abated Amount N/A (50,120.00) N/A Plus Land Assessed Value N/A N/A 15,000 00 Net Assessed Value 140,000.00 74,880.00 65,120.00 Property Taxes* Assume constant tax rate of 5.0228% 5.0228% 5.0228 Gross Tax (lax rate x net assessed value) 7,031.89 3,761.05 3,270.83 Less County COIT Homestead Credit: 7.3430% (516.35) (276.17) (240.18) Tax Due Before Circuit Breaker 6,515.53 3,484.88 3,030.65 Less Circuit Breaker Credit _ (3,157.55) (3106.21) (5134) Net Tax _ 3.357.98 378.67 2,979 31 Circuit Breaker Cap Circuit Breaker 1.0000% 2,650.00 2,500.00 2,650.00 Debt Service 0.5057% 707.98 378.67 32931 Circuit Baker Cap 3,357.98 2,878.67 2,979.31 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 140,000.00 3,357.98 378.67 2,979.31 2 140,000.00 3,357.98 378.67 2,979.31 3 140,000.00 3,357.98 378.67 2,979.31 4 140,000.00 3,357.98 378.67 2,979.31 5 140,000.00 3,357.98 378.67 2,979.31 5 year totals: 16,789.90 1,893.34 14,896.56 'This schedule is for estimation purposes only and assumes constant tax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current lax 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. lJY Ca, l ryeV, 15 V13ND 1) IS fit 5 YEAR � Aa�i�pyjen i Cooreman South Bend Portage Township Residential Real Property Tax Abatement Schedule' Estimated Project Cost: Assessed Value: Structure (% AV of cost) 100.0% Land Value 15,000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Progeny Taxes' Assume constant tax rate of Gross Tax (tax rate x net assessed value) Less County COIT Homestead Credit: Tax Due Before Circuit Breaker Less Circuit Breaker Credit Net Tax Circuit Breaker Cap Circuit Breaker Debt Service Circuit Braker Cap Year 1 2 3 4 5 1250,000.00 17- Oct -13 Total Taxes Tax Abated" Tax Paid - 250,000.00 250,000.00 250,000.00 15,000.00 N/A N/A 265,000.00 250,000.00 250,000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (77,000.00) (7700000) (7700000) 140,000.00 125,000.00 125, 000.00 N/A N/A (74,880.00) N/A (50,120.00) N/A N/A N/A 15,000.00 140,000.00 74,880.00 65,120.00 5.0228% 5.0228% 5.0228% 7,031.89 2,650.00 3,761.05 2,650.00 3,270.83 0,5057% 7.3430% (516.35) 378.67 (276.17) (24018) 3,357.98 6,515.53 2,979.31 3,484.88 Net 3,030.65 (3,157.55) (310621) Taxes (5134) Tax 3,357.98 Value 140,000.00 378.67 Abated 378.67 2 979 31 1.0000% 2,650.00 2,500.00 2,650.00 0,5057% 707.98 378.67 329.31 3,357.98 2,878.67 2,979.31 Net Total Assessed Taxes Tax Tax A 6grf°fJ >� t f� Value 140,000.00 Due 3,357.98 Abated 378.67 Paid 2,979.31 �0 1 ,� 1T 1aS /3 %rQL 140,000.00 3,357.98 378.67 2,979.31 ��' Lar 140,000.00 3,357.98 378.67 2,979.31 J J 140,000.00 3,357.98 378.67 2,979.31 140,000.00 5year totals: 3,357.98 16,789.90 378.67 1,893.34 2,979.31 14,896.56 7 'This schedule is for estimation purposes only and assumes constant lax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current lax 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. rlA- ­1 1fthish 4404 Technology Drive South Bend, IN 46628 Ph: 574-277-0116 COO RE MAN RT ES Realty Fax: 574- 277 -6511 PROP) Cooreman.com October 14, 2013 To whom it may concern: We are hereby respectfully requesting a one year extension to the existing residential real property tax abatement, Resolution number 3806 -07. There are currently four homes under construction in the Villas of Lake Blackthorn. Construction on these homes will not be completed by November 12, 2013, which is when the above - referenced abatement expires. The property tax abatement is an incentive to buyers in this area. Unfortunately, these homeowners are caught between the expiring abatement and the petition for the new abatement. The four parcels are as follows: Legal Description Key Number Address lot 47 the villas at lake blackthorn sec 1 025 - 1010 - 017665 5005 Masthead Ct. 46628 lot 73 the villas at lake blackthorn sec 1 025 - 1010 - 017691 4704 Portside Dr. 46628 lot 78 the villas at lake blackthorn sec 1 025 - 1010 - 017696 4603 Pier Ct. 46628 lot 88 the villas at lake blackthorn sec 1 025 - 1010 - 107706 1 4643 Starboard Dr. 46628 Thanking you in advance for your cooperation. Please do not hesitate to contact me should you require further information. Sincerely, Aito Steve Cooreman, President Filed in ,; Office EJC oCI 1 4 [013 CITYCLER hi+la;;iE SOUTH SEND, IN Residential & Commercial Real Estate • Leasing & Sales • Land Development Villas at Lake Blackthorn • Westwood Knolls • Westwood Hills • Westwood Shores • Boulder Bay Stone Oak Estates • New Prairie Knolls • Prairie Vista • Wintergreen Meadows EXHIBIT "A" LEGAL DESCRIPTION: 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 A NON - 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 REPLAT 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 A NON - 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. Filed in F" Mice CITY CLERK, SOU °a H BEND, IN 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. Filed in-,-. °.office fir- t 4 [t]t3� 1. CITY CLERK, SO4j'iti BEND, IN Petition for TA VLB SEC I - Page 3 of 7 EXHIBIT "B" 56 07 ' 32 7, 46 57 49 39% 60 40 77 /2-j ND 4 Wi 2 INFO CENTER L ed in Iffice 01 "T 4 Zu 13 (CLLER UY'-' BEN N IN Petition for TA VLB SEC I - Page 4 of 7 Adams Rd, Wo'twoo' at BtUs lthm US 31 Villas at Lake Bypa&� I Stackthom Elock Rd. & I DoWand Rd. qj l-WD0 Toll Rd. It Entrame L cmaer S20 777 56 07 ' 32 7, 46 57 49 39% 60 40 77 /2-j ND 4 Wi 2 INFO CENTER L ed in Iffice 01 "T 4 Zu 13 (CLLER UY'-' BEN N IN Petition for TA VLB SEC I - Page 4 of 7 EXHIBIT "C" ' 9 G`�Gv Petition for TA VLB SEC I - Page 5 of 7