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Designating Tax Abatement - 917 North Saint Peter Street - Barbara Virginia Sniegowski Revocable Trust
r RESOLUTION 3566-06 Passed by the Common Council of the City of South Bend, Indiana February 27, Attest: February 28, ~---~ /~ 06 20 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana 20 06 Approved and signed by me March 3 . 20..O1i_ . ~~~~ ~~ ~D City Clerk RESOLUTION NO. 3 S ~~ `~ ~ A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 917 NORTH SAINT PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BARBARA VIRGINIA SNIEGOWSKI REVOCABLE TRUST 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 917 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered One Hundred Thirty-four (134) as shown on the recorded Plat of Sorin's Second addition to the Town of Lowell, now within and a part of the City of South Bend. and this property has Tax Key Numbers 018-5107-3762 and 018-5107-3763, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et 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. 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 (1 O%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 2 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. w ~. Member of the C on Council Z~'~° PRESENTED Z~ NOT APPROVED ApOPTED '~LZ ~~~ 3 Fii~d In Clerk's Office F E B - 1 2006 JflIiPJ ~'00'RDE CITY CLERK,'r0. BEND, IN. 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 4660 1-1 830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR January 26, 2006 Council Member Roland Kelly, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Barbara Virginia Sniegowski Revocable Trust Dear Council Member Kelly: Please find attached the Department oFCommunity & Economic Development's report on a residential real property tax abatement petition for the Barbara Virginia Sniegowski Revocable Trust to build a single family house at 917 North Saint Peter Street. Also attached is a copy of the petition, Statement of Benefits form and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single family house at a cost of $250,000. The project meets the qualifications for five (5) year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, February 13, 2006. Should you or any of the other Council members have any questions concerning the report or need additional information, please feel free to call me at 235-5826. Sincerely, ~~~~~ Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Sharon Kendall Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL $C PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 1200 C.OUN'IY-CI'CY 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. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT SHARON T. KENDALL EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: ROBERT MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: BARBARA VIRGINIA SNIEGOWSKI REVOCABLE TRUST DATE: January 26, 2006 On January 26, 2006, a petition for residential tax abatement consideration for real properties located at 917 North Saint Peter Street was filed with the City Clerk by the Northeast Neighborhood Revitalization Organization, Incorporated on behalf of the Barbara Virginia Sniegowski Revocable. Pursuant to Chapter 2, Article 6, Section 2-77 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area and makes the following report. PROJECT DESCRIPTION Donald and Barbara Sniegowski are in the process of purchasing the vacant property at the above identified address from the Northeast Neighborhood Revitalization Organization, Incorporated. They will construct a new single story home there. The home will be approximately 2,000 square feet and have 7 rooms, 2 bathrooms and a full basement. The cost of the home will be approximately $250,000. The Sniegowski's plan to complete the purchase prior to the South Bend Redevelopment Commission meeting scheduled for February 3, 2006. The Sniegowski's will place the property in the Barbara Virginia Sniegowski Revocable Trust. The property has two tax key numbers but is considered one lot. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL SL PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELIZABETH LEONARD FAX: 574/235-9697 574/235-9371 South Bend Common Council RE: Barbara Virginia Sniegowski Revocable Trust January 26, 2006 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that neither the Northeast Neighborhood Revitalization Organization, Incorporated nor the Barbara Virginia Sniegowski Revocable Trust has been associated with any previous tax abatements: 2. The building commissioner has reviewed this petition and finds the properties to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Increment Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required The petition for real property tax abatement has been approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance no. 8065-90, as amended by Ordinance No. 8854-97, finds that the petitioner meets the qualifications for a five year residential tax abatement under Section 2-77.1 (Single Family Real Property Abatement). 5 YEAR 27-Jan-06 BARBARA VIRGINIA SNIEGOWSKI REVOCABLE TRUST South Bend Portage 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 Base Assessed Value: Less Maximum Abatement Deduction Less Non-Abated Amount: Plus Land Assessed Value: Net Assessed Value: Property Taxes: Assume constant tax rate of: 184, 500.00 174, 500.00 174, 500.00 N/A N/A ($74,600.00) N/A (99,900.00) N/A N/A N/A 10,000.00 184,500.00 74,600.00 109,900.00 4.89060% 4.89060°I° 4.89060% Gross Tax (tax rate x net assessed value): 9,023.16 3,648.39 5,374.77 Less SRTC (21.6113%): (1,950.02) (788.46) (1,161.56) Less Homestead Credit (24.3982%): (1,725.72) (697.77) (1,027.95) Net Tax: 5,347.42 2.162.16 3.185.26 Net Assessed Total Year Value Taxes Due Tax Abated Tax Paid 1 184,500.00 5,347.42 2,162.16 3,185.26 2 184,500.00 5,347.42 2,162.16 3,185.26 3 184,500.00 5,347.42 2,162.16 3,185.26 4 184,500.00 5,347.42 2,162.16 3,185.26 5 184,500.00 5,347.42 2,162.16 3,185.26 5 year totals: 26,737.10 10,810.80 15,926.30 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,600 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,600 and adding back the land assessed value. TO: SOUTH BEND REDEVELOPMENT COMMISSION AND SOUTH BEND COMMON COUNCIL FROM: BARBARA AND DONALD SNIEGOWSKI DATE: JANUARY 26, 2006 Attached are two forms requesting a tax abatement for a proposed house to be built on lot 134 of Sorin's Second Addition in the City of South Bend. As of this date, the lot is still owned by the Northeast Neighborhood Redevelopment Organization. Therefore, Phillip Byrd, an agent for the NNRO, has signed both forms. Within the. week, we will buy the lot from the NNRO, so that by the time the South Bend Redevelopment Commission considers this petition at its meeting on Friday, February 3, we should be the legal owners of the lot. We will be present at that meeting to answer any questions, and Mr. Byrd has said that he will attend as well, if his presence is needed. If there are any questions, please contact us at 232-9672. Barbara Sniegowski (for Barbara Virginia Sniegowski Revocable Trust) Donald Sniegow ci 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 se .and South Bend Municipal Code Sec. 2-76 et sea., for this petition states the following: 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 (useqq additional sheet for pro ect description ipf ne~ces~sa~ry): ;1L`ia a /J-4 . .L'¢. ,G2~.w~~,L A.f'.r,2u , ~- ~'_ w-~-~ ~~_~~- -C.RJ-e~tttc2-~ 2. Estimate the dollar value of the construction project (do not include land cost}: $ ~~ 0, ©h D - a~~ az., 3. The real property for which tax abatement consideration is petitioned (Property) is-eyed-e~to be owned by the following individual(s) or corporations (ifthe 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): 4. 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 $ a (use additional sheet for multiple addresses). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit "C", and incorporated herein. 9. List the real property taxes paid at the location during the previous t~vo years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): ,~ Q! ~ ~s~ o ~ -.~.~- ~ ---~ a o o ~ -- a a G,~ a a o 0 5" - ~ 0 3 , f ~ 10. What is your best estimate of the after completion market value of the property: $ ~ ~ a, e D d The commonly known address of the Property is: ~j 1 ~ ~ . S i , j? ~'~~ ~ S7", and having tax key nos: b~A^S'lD~--3~G~ u.~3~-L 3(use additional sheet for multiple addresses). 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: _ ~1 0 /~ ~. 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 14. The current use of the property is ICa,c~.~~ ~-~ and the current zoning is S F oZ. (use) and (height and area). 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name Addre: City, S Teleph 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 th qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s): ,yo,c.TH-t='k3T NETGIF !~(.I~f~dd g~,K,'tt~~ ~J (Signature) ~~l <<<. ~J~~ (Typed o p nted name and capacity) 2 EXHIBIT A Legal Description of property mentioned in petition for tax abatement: Lot Numbered One Hundred Thirty-four (134) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend. ~. ~AETROPOLITAN TITLE NY, LLC 2'!U N. IRONWOOD SOUTH BEMD, !N 48816 ~~ Trans#er Taxing Uni Date 1 ~' ~ ~~-- Key No. 018-5107-3762/3763 property Address: Grantee's mailing address 917 St. Peter Street South Bend, IN 46617 _33 ~ ' W ' Warranty Deed 5b ~ ( ~ ~ S~ Z 2 2 9 RECORDED OH 01/18/2005 09:03:21A?f TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC F_EE: 814.00 PAGES: 1 This InYi nture Witnesseth, That Bonnie Morehouse, sole heir of Lillian . Caddy, deceased, Conveys and Warrants to Northeast Neighborhood Revitalization Organization,' Inc., an Iadiana corporation, - for the sum of One 8c 001100 Dollars ($1.00) and other valuable consideration, the following described real estate in St. Joseph County, in the State of Indiana: ~r' ?5 f Lot Numbered One Hundred Thirty-four (134) as shown on the f recorded Plat of Sorin~s Second Addition to the Town of Lowell, 1 (~ ,, ~ 1 now within and a part. of the City. of South Bend. ~,..l.F~" Subject to real estate taxes not yet due and payable. c3rantor certifies that Lillian Caddy, the grantee in deeds recorded as Instrument Numbers 7817412 and 7817413, died May 9, 2004, survived by her only child, being the grantor herein, and not by any other children or issue of deceased children, and without leaving a surviving spouse. Subject TO d all ease nts, agreements, and restrictions of record. Signed this ~ day o~~ c~i"' ~~ / Bonnie Mo a use STATE OF INDIANA, ST. JOSEPH COIINTY, ss: Before me, a Notary Public in and for the said County and State, personally appeared Bonnie Morehouse, sole heir of Lillian Caddy, deceased, who acknowledged the execution of the foregoing Warranty Deed, hand who, having been duly sworn, stated that any representations therein contait~ed are true. \ Witness my hand and notarial seal this l ~ ~ r da~f ~J ~~ . My commission expires: Signature PENNY L. NORTH Kota Pudto, State o1 trdsn3 Printed ,Notary Public o~"5t. Joseph 11hI Catmr~b~tott Euptte8 t~10v 'is • 2012 Residing in County, Indiana This instrument prepared by: Louis Klatch, Attorney at Law 11055120 :.:,i -: .r_. ,. , o.,., mac.. : .-...~r_n,.;w. . ,~,^,.•t '.•i. •.; _.. .. ., .. .:.. -., .. ::;. Not a egal Su I vey. All measurements sub ect to field verification by 1 censed surveyor. ~ ~ N N I - - - o Min. I,ot Width = Fi0' ~ U rn V ~ - - _ ~ 'tin. 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