HomeMy WebLinkAbout4725-18 Confirming Residential Real Property tax Abatement: Historic Lincoln Way West Homes, L.P. RESOLUTION
No. 4725-18
Passed by the Common Council of the City of South Bend, Indiana
July 23, 20-18—
Attest: City Clerk
Kareemah N. Fow er
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
J14 Iii 7 20—Ia.
City Clerk
Kareemah N. owter
Approved and signed by me 'JUL ( 5 20_SL.
MW
United States of America
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JUL 6 5 28 18
Certificate
STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss:
I, Kareemah Fowler, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby
certify that the attached and foregoing is a full, true, and correct copy of
RESOLUTION 4725-18
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. ALLEN, 1145 N.
BROOKFIELD,1306 N.BROOKFIELD,914 N.CLEVELAND 903 N.COLLEGE,
917 N. ELMER, 1101 N. ELMER, 1229 N. ELMER, 1329 N. HUEY, 1110 N.
JOHNSON,749 N.LAWNDALE,913 N.LAWNDALE,1138 N.OLIVE,1530 VAN
BUREN.AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
HISTORIC LINCOLN WAY WEST HOMES,LP
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,JULY 23,2018.
PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG,
JULY 25,2018.
ATTEST: TIM SCOTT, PRESIDENT OF THE COMMON COUNCIL
ATTEST: KAREEMAH N. FOWLER, CITY CLERK
- 7J IUL EIVED-
2 6 2018
SPH C,Ot)M-y
ESSOR
the origin al of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph
County, Indiana.
IN WITNESS WHEREOF, I have hereunto set my hand and axed the official Seal of the City
of South Bend, St. Joseph County; Indiana, this 4,�t� day of J14 20
Kareemah Fowler
Clerk of the City of South Bend
St. Joseph County, Indiana
By
Deputy
BILL NO. 18-31
RESOLUTION NO. 4725-18
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
902 N. Allen, 1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland
903 N. College, 917 N. Elmer, 1101 N. Elmer, 1229 N. Elmer, 1329 N. Huey,
1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale, 1138 N. Olive,
1530 Van Buren.
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES'OF A
(5) FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
Historic Lincoln Way West Homes, LP
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 902 N. Allen,
1145 N. Brookfield, 1306 N. Brookfield, 914 N. Cleveland, 903 N. College, 917 N. Elmer, 1101
N. Elmer, 1229 N. Elmer, 1329 N. Huey, 1110 N. Johnson, 749 N. Lawndale, 913 N. Lawndale,
1138 N. Olive, 1530 Van Buren South Bend, Indiana, and which is more particularly described
as follows:
1) Address: 902 N. Allen
Parcel ID#: 18-1085-3578
Legal Description: Lot Numbered Sixty-five (65) in Mussels Plat, First Addition to the
City of South Bend as per plat thereof recorded in Plat Book 8, page 23 in the Office of
the Recorder of Saint Joseph County, Indiana,together with the North Half of the vacated
alley lying South and adjacent.
2) Address: 1145 N. Brookfield
Parcel# 18-2080-2896
Legal Description: Lot Numbered Sixty-two (62) in C.R. Smith's First Subdivision in
the City of South Bend as per plat thereof recorded July 2, 1919 in Plat Book 10, page 83
in the Office of the Recorder of Saint Joseph County, Indiana.
3) Address: 1306 N. Brookfield
Tax ID#: 18-2083-3051
Legal Description: Lot Numbered One Hundred Forty-four(144) in Carmi R. Smith's
Second Subdivision, as per plat thereof recorded May 16, 1922 in Plat Book 10,page 190
in the Office of the Recorder of Saint Joseph County, Indiana.
4) Address: 914 N. Cleveland
Tax ID#: 18-1086-3640
Legal Description: Lot Numbered One Hundred Twenty-five (125) in Muessel's Second,
an Addition to the City of South Bend, as per plat thereof recorded August 14, 1905 in
Plat Book 9, page 13 in the Office of the Recorder of Saint Joseph County, Indiana.
5) Address: 903 N. College
Tax ID#: 8-2072-2667
Legal Description: Lot Numbered Fifty-two (52) in Augustine's Addition to the City of
South Bend, as per plat thereof recorded April 26, 1905 in Plat Book 8,page 194 in the
Office of the Recorder of Saint Joseph County, Indiana.
6) Address: 917 N. Elmer
Tax ID#: 18-2031-1028
Legal Description: Lot Numbered Fifteen(15) in Jacob Miller's Addition to the City of
South Bend as per plat thereof in Plat Book 7,page 53 in the Office of the Recorder of
Saint Joseph County, Indiana.
7) Address: 1101 N. Elmer
Tax ID#: 18-2090-3402
Legal Description: Lot Numbered Two Hundred Ninety (290) as shown on the recorded
Plat of Mayr's Michigan Avenue Addition to the City of South Bend, as per plat thereof,
recorded March 8, 1905 in Plat Book 8, page 190 in the Office of the Recorder of Saint
Joseph County, Indiana.
8) Address: 1229 N. Elmer
Tax ID#: 18-2086-3224
Legal Description: Lot Numbered Three Hundred Ten(3 10) in Mayr's Michigan Avenue
Addition to the City of South Bend, Indiana, as per plat thereof recorded March 9, 1905
in Plat Book 8, page 190 in the Office of the Recorder of Saint Joseph County, Indiana.
9) Address: 1329 N. Huey
Tax ID#: 18-2087-3242
Legal Description: Lot Numbered Two Hundred Fifty-six (256) in Mayr's Michigan
Avenue Addition to the City of South Bend, as per plat thereof recorded March 8, 1905 in
Plat Book 8, page 190 in the Office of the Recorder of Saint Joseph County, Indiana.
10) Address: 1110 N. Johnson
Tax ID#: 18-2078-2832
Legal Description: Lot Numbered Sixty-four (64) in Rockhill's First Addition in Portage
Township, now within and a part of the City of South Bend as per plat thereof recorded
April 9, 1908 in Plat Book 9, page 87 in the Office of the Recorder of Saint Joseph
County, Indiana.
11) Address: 749 N. Lawndale
Tax ID#: 18-1082-3429
Legal Description: Lot Numbered 136 in A.G. Cushing's Sixth Addition to the City of
South Bend as per plat thereof recorded June 7, 1901 in Plat Book 8, page 28 in the
Office of the Recorder of Saint Joseph County, Indiana.
12) Address: 913 N. Lawndale
Tax ID#: 18-1089-3756
Address: Lot Numbered 206 in Vassar Park Addition to the City of South Bend, as per
plat thereof recorded July 30, 1919 in Plat Book 10, page 87 in the Office of the Recorder
of Saint Joseph County, Indiana. Together with a right-of-way over the North 4 feet of
the East 75 feet of Lot Numbered 205.
13) Address: 1138 N. Olive Street
Tax ID#: 18-2090-3369
Legal Description: Lot Numbered Three Hundred Forty-nine (349) in Mayr's Michigan
Avenue Addition to the City of South Bend as per plat thereof recorded March 8, 1905 in
Plat Book 8, page 190 in the Office of the Recorder of Saint Joseph County, Indiana.
14)Address: 1530 Van Buren
Tax ID#: 18-1083-3458
Legal Description: Lot Numbered Eleven(11) as shown on the recorded Plat of John L.
Taylor's Addition to the City of South Bend, recorded April 9, 1924 in Plat Book 11,
page 140 in the Office of the Recorder of Saint Joseph County, Indiana.
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1-12.1 et se q., and South Bend Municipal Code Sections 2-76 et se q., 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 1. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394-03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four(4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent(10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within three (3) 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 three (3) calendar
years from the date of adoption of the Declaratory Resolution by the Common Council as shown
by the attachment pursuant to Indiana Code 6-1.1-12.1-17.
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 below, 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.
Year 1 — 100%
Year 2— 100%
Year 3 — 100%
Year 4— 100%
Year 5 — 100%
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.
Tim Scott, Council President
South Bend Common Council