HomeMy WebLinkAboutDesignating Tax Abatement - Lafayette Falls - Lots 285-313, 385-394, 436-450 all in Phase IV - Kendall - Weiss, LLPRESOLUTION
3915-08
Passed by the Common Council of the City of South Bend, Indiana
October 27,
Attest:
20 08
Presented by me to the Mayor of the City of South Bend, Indiana
October 28, 20 08
City Clerk
President of Common Council
Approved and signed by me October 2 8 , 20 0 8 .
~~~~~
City Clerk
RESOLUTION NO. ~~ (S' ~~
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
LAFAYETTE FALLS -PHASE IV
LOT NUMBERS 285-313, 340-383, 385-394 and 436-450 ALL IN PHASE IV
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
KENDALL - WEISS, LLP
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 areas commonly known as
Lots
285 Address Tax Key #s
1526 Brick Drive or 6827 Mackev Court Unavailable for all lots.
286 6833 Mackey Court
287 6839 Mackey Court
288 6845 Mackey Court
289 6851 Mackey Court
290 6905 Mackey Court
291 6915 Mackey Court
292 1538 Mackey Drive
293 1530 Mackey Drive
294 1522 Mackey Drive
295 1514 Mackey Drive
296 1506 Mackey Drive or 6903 Stewart Drive
297 1424 Mackev Drive or 6904 Stewart Drive
298 1418 Mackey Drive
299 1412 Mackev Drive
300 1406 Mackey Drive
301 1320 Mackey Drive
302 1312 Mackey Drive
303 1304 Mackev Drive
304 1226 Mackey Drive
305 1220 Mackey Drive
306 1214 Mackey Drive
307 1208 Mackey Drive
308 1202 Mackev Drive
309
310 1134 Mackey
1128 Mackey Drive
Drive
311
312 1122 Mackey Drive
1116 Mackev Drive
313 1110 Mackev Drive
340 1104 Mackey Drive or 6905 Wiley Drive
341 6942 Lutz Drive or 6906 Wiley Drive
342 6934 Lutz Drive
343 6928 Lutz Drive
344 6927 Lutz Drive
345 6935 Lutz Drive
346 1101 Mackey Drive
347 1105 Mackey Drive
348 1111 Mackey Drive
349 1117 Mackey Drive
350 1123 Mackey Drive
351 1129 Mackey Drive
352 1135 Mackey Drive
353 1141 Mackey Drive or 6844 Jacktown Drive
354 6836 Jacktown Drive
355 6822 Jacktown Drive
356 6814 Jacktown Drive or 1134 Keady Court
357 1126 Keady Court
358 1120 Keady Court
359 1114 Keady Court
360 1108 Keady Court
361 1102 Keady Court
362 1040 Keady Court
363 1034 Keady Court
364 1028 Keady Court
365 1022 Keady Court
366 1025 Keady Court
367 1031 Keady Court
368 1037 Keady Court
369 1043 Keady Court
370 1107 Keady Court
371 1113 Keady Court
372 1119 Keadv Court
373 1125 Keadv Court
374 1215 Keady Court
375 1225 Keadv Court
376 1305 Keady Court
377 1311 Keady Court
378 1317 Keady Court
379 1323 Keady Court
380 1329 Keadv Court
381 1403 Keady Court
382 1409 Keady Court
383 1415 Keady Court or 1415 Stadium Drive
385 1406 Stadium Drive or 6803 Tyler Drive
386 6809 Tyler Drive
387 6815 Tyler Drive
3_88 6821 Tyler Drive
389 6827 Tyler Drive
390 6833 Tyler Drive
391 6839 Tyler Drive
392 6845 Tyler Drive
393 6851 Tyler Drive
394 6857 Tyler Drive or 1413 Mackey Drive
436 1305 Mackey Drive or 6844 Tyler Drive
437 6838 Tyler Drive
438 6832 Tyler Drive
439 6826 Tyler Drive
440 6822 Tyler Drive
441 6814 Tyler Drive
442 1308 Keadv Court
443 1232 Keady Court
444 1226 Keady Court
445 1220 Keady Court or 6$07 Jacktown Drive
446 6815 Jacktown Drive
447 6823 Jacktown Drive
448 6831 Jacktown Drive
449 6839 Jacktown Drive
450 6847 Jacktown Drive or 1223 Mackey Drive
• The tax key number of the parent parcel is 23-1002-0022.01. Tax key numbers for the
individual lots included within Lafayette Falls, Phase IV will be assigned by the County
Auditor's office after each of the subsequent Secondary Plats are recorded.
all in South Bend, Indiana, and which is more particularly described as follows:
LEGAL DESCRIPTION: LAFAYETTE FALLS, PHASE IV
APART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2
EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID
CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF
281.17 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 35, TOWNSHIP 37 NORTH, RANGE 2 EAST, SAID SOUTHWEST CORNER BEING
MARKED BY A 5/8 INCH DIAMETER ROD, 0.1 FEET BELOW THE ROAD SURFACE; THENCE
SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 2121.17 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF BRICK DRIVE AS RECORDED IN LAFAYETTE FALLS, PHASE III, SECTION THREE
RECORDED UNDER INSTRUMENT NUMBER 0808755 IN THE OFFICE OF RECORDER OF
SAID COUNTY AND THE POINT OF BEGINNING; THENCE THE NEXT TEN COURSES
ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, PHASE III, SECTION THREE: (1)
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 139.07 FEET TO THE
POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 30.00 FEET AND A CHORD OF 42.43 FEET BEARING SOUTH 45
DEGREES 00 MINUTES 00 SECONDS EAST; (2) THENCE SOUTHEASTERLY ALONG SAID
CURVE, A DISTANCE OF 47.12 FEET; (3) THENCE SOUTH 00 DEGREES 00 MINUTES 00
SECONDS WEST, A DISTANCE OF 273.42 FEET TO THE POINT OF CURVATURE OF A
TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET AND A
CHORD OF 10.66 FEET BEARING SOUTH 02 DEGREES 26 MINUTES 36 SECONDS EAST; (4)
THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 10.66 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A
RADIUS OF 30.00 FEET AND A CHORD OF 27.12 FEET BEARING SOUTH 21 DEGREES 59
MINUTES 07 SECONDS WEST; (5) THENCE SOUTHWESTERLY ALONG SAID CURVE, A
DISTANCE OF 28.14 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE,
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 60.00 FEET AND A CHORD OF
119.99 FEET BEARING SOUTH 40 DEGREES 22 MINUTES 44 SECONDS EAST; (6) THENCE
SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 186.90 FEET TO THE POINT OF
CURVATURE OF A REVERSE CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF
30.00 FEET AND A CHORD OF 27.12 FEET BEARING NORTH 77 DEGREES 15 MINUTES 25
SECONDS EAST; (7) THENCE EASTERLY ALONG SAID CURVE, A DISTANCE OF 28.14 FEET
TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH,
HAVING A RADIUS OF 125.00 FEET AND A CHORD OF 30.75 FEET BEARING SOUTH 82
DEGREES 56 MINUTES 08 SECONDS EAST; (8) THENCE EASTERLY ALONG SAID CURVE, A
DISTANCE OF 30.82 FEET; (9) THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS
EAST, A DISTANCE OF 391.30 FEET; (10) THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST ALONG THE EAST LINE OF LAFAYETTE FALLS, PHASE III, SECTION ONE
AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF SAID
RECORDER, A DISTANCE OF 584.92 FEET TO THE NORTHEAST CORNER OF LOT 405 IN
LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 & 406 AS
•RECORDED UNDER INSTRUMENT NUMBER 0704435 IN THE OFFICE OF SAID RECORDER,
SAID CORNER ALSO LYING ON THE POINT OF CURVATURE OF ANON-TANGENT CURVE,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1602.00 FEET AND A CHORD OF 13.30
FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE EASTERLY
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ALONG SAID CURVE AND THE SOUTH RIGHT-OF-WAY LINE OF STADIUM DRIVE, A
DISTANCE OF 13.30 FEET; THENCE THE NEXT FOUR COURSES ALONG THE BOUNDARY
OF SAID LAFAYETTE FALLS, SECTION FIVE &LAFAYETTE FALLS, PHASE III, LOTS 405 &
406: (1) NORTH 07 DEGREES 50 MINUTES 12 SECONDS EAST, A DISTANCE OF 50.00 FEET;
(2) THENCE NORTH 18 DEGREES 43 MINUTES 18 SECONDS EAST, A DISTANCE OF 115.58
FEET; (3) THENCE NORTH 42 DEGREES 38 MINUTES 44 SECONDS EAST, A DISTANCE OF
57.21 FEET; (4) THENCE NORTH 58 DEGREES 07 MINUTES 46 SECONDS EAST, A DISTANCE
OF 170.49 FEET TO THE SOUTHEAST CORNER OF LOT 54 IN LAFAYETTE FALLS, SECTION
FOUR AS RECORDED UNDER INSTRUMENT NUMBER 0602210 IN THE OFFICE OF SAID
RECORDER; THENCE THE NEXT SIX COURSES ALONG THE BOUNDARY OF SAID
LAFAYETTE FALLS SUBDIVISION, SECTION FOUR: (1) SOUTH 89 DEGREES 10 MINUTES
21 SECONDS EAST, A DISTANCE OF 371.03 FEET, (2) THENCE SOUTH 12 DEGREES 37
MINUTES 17 .SECONDS EAST, A DISTANCE OF 80.47 FEET, (3) THENCE SOUTH 27
DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 165.85 FEET, (4) THENCE
SOUTH 61 DEGREES 00 MINUTES 44 SECONDS EAST, A DISTANCE OF 165.85 FEET, (5)
THENCE SOUTH 78 DEGREES 55 MINUTES 45 SECONDS EAST, A DISTANCE OF 108.66
FEET, (6) THENCE NORTH 81 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF
182.70 FEET TO THE SOUTHWEST CORNER OF LOT NUMBER 185 IN LAFAYETTE FALLS
SUBDIVISION, SECTION TWO, RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE
OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE
BOUNDARY OF SAID LAFAYETTE FALLS SUBDIVISION, SECTION TWO: (1) NORTH 83
DEGREES 42 MINUTES 21 SECONDS EAST, A DISTANCE OF 67.54 FEET, (2) THENCE
SOUTH 56 DEGREES 29 MINUTES 48 SECONDS EAST, A DISTANCE OF 150.76 FEET TO A
POINT ON THE BOUNDARY OF LAFAYETTE FALLS, PHASE III, SECTION TWO AS
RECORDED UNDER INSTRUMENT NUMBER 0811195 IN THE OFFICE OF' SAID RECORDER;
THENCE NEXT FOUR COURSE ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS,
PHASE III, SECTION TWO: (1) SOUTH 03 DEGREES 49 MINUTES 12 SECONDS EAST, A
DISTANCE OF 84.83 FEET; (2) THENCE SOUTH 25 DEGREES OS MINUTES 08 SECONDS
WEST, A DISTANCE OF 170.00 FEET; (3) THENCE SOUTH 49 DEGREES 57 MINUTES 33
SECONDS WEST, A DISTANCE OF 90.86 FEET; (4) THENCE SOUTH 34 DEGREES 39
MINUTES 21 SECONDS EAST, A DISTANCE OF 422.72 FEET TO THE SOUTH LINE OF SAID
NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A
DISTANCE OF 2123.00 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 00 DEGREES 16 MINUTES 41 SECONDS EAST ALONG SAID WEST LINE, A
DISTANCE OF 557.10 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 29.118 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF
RECORD.
and this property which has Parent Parcel Tax Key Number 23-1002-0022.01 be designated as a
Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South
Bend Municipal Code Sections 2-76 et sea., 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 sew., and South Bend Municipal Code Sections 2-76, et sea., and has further prepared
maps and plats showing the boundaries and such other information regarding the area in question
as required by law; and
5
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 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 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;
6
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 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 from the date of the adoption of this Resolution by the Common Council.
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 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.
S'RESENTED •.~
NQT APP~~.4 Cs
ADOPTED
File In Clerk's Office
OCT 2 2 2008 ~
~a~~rl voasaE
CITY CLE~t, Sa. 3EFID, IN.
Member of the Co on Council
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-94 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 LAFAYETTE
FALLS -PHASE IV LOT NUMBERS 285-313, 340-383, 385-394 AND
436-450ALL IN PHASE IVAS RESIDENTIALLY DISTRESSEDAREAS
FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP
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.
Derek D. Dieter
Chairperson, Committee of the Whole