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HomeMy WebLinkAboutConfirming Tax Abatement - Various Stewart Dr., Vawter Circle, Lutz Drive , Lafayetter Falls - Kendall-Weiss, LLPRESOLUTION 3810-07 Passed by the Common Council of the City of South Bend, Indiana November 12, 07 Zo Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 13, 20 07 Approved and signed by me November 19, 20 0 7 ~~y, -~_ City Clerk RESOLUTION NO. 3 g - ©- 01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: lots 396 through 402 and 409 through 415 within Lafayette Falls, Phase III, Section One: . A part of the northwest quarter of section 2, township 36 north, range 2 east, centre township, city of South Bend, St. Joseph County, Indiana, being particularly described as follows: lots 396 through 402 and 409 through 415 of Lafayette Falls, Phase III, Section One as recorded under instrument number 0728461 in the office of recorder of said county. Subject to right-of--way, easements, covenants and restrictions of record. Legal Description: lots 314 through 339 within Lafayette Falls, Phase III, Section Two (Proposed): A part of the northwest quarter of section 2, township 36 north, range 2 east, Centre Township, City of South Bend, St. Joseph County, Indiana, including a part of lots 209 through 211 in Lafayette Falls, Section Two as recorded under instrument number 0451995 in the office of recorder of St. Joseph County, Indiana, and being particularly described as follows: commencing at the north quarter corner of said section two, said corner lying south 89 degrees 04 minutes 47 seconds east, a distance of 2631.12 feet from the northwest corner of said northwest quarter, said corner being marked with a railroad spike, 0.1 feet below the road surface and 3.99 feet north of record corner on the north-south record line; thence south 00 degrees OS minutes O1 west along the east line of said northwest quarter, a distance of 1625.11 feet to the northeast corner of said lot 211 and the point of beginning; thence continuing south 00 degrees OS minutes O1 second west along said east line, a distance of 1041.75 feet to the south line of said northwest quarter; thence south 89 degrees 19 minutes 47 seconds west, a distance of 517.06 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 207.75 feet; thence south 55 degrees 20 minutes 39 seconds west, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 100.00 feet; thence north 55 degrees 20 minutes 39 seconds east, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 114.97 feet; thence north 49 degrees 57 minutes 33 seconds east, a distance of 90.86 feet; thence north 25 degrees OS minutes 08 seconds east, a distance of 170.00 feet; thence north 03 degrees 49 minutes 12 seconds west, a distance of 84.83 feet; thence north 56 degrees 29 minutes 48 seconds west, a distance of 103.31 feet to the southeast corner of lot 186 in said Lafayette Falls, Section Two; thence the next three courses along the boundary of said Lafayette Falls, Section Two, exclusive of outlot "c": (1) north 37 degrees 28 minutes 38 seconds east, a distance of 155.59 feet; (2) thence south 54 degrees 31 minutes 07 seconds east, a distance of 36.95 feet; (3) thence north 35 degrees 28 minutes 53 seconds east, a distance of 211.21 feet to the southwest line of lot 206 in Lafayette Falls, Section One as recorded under instrument number 0441358 in the office of said recorder; thence south 58 degrees 15 minutes 59 seconds east, a distance of 223.18 feet to the southeast corner of lot 208 in said Lafayette Falls, section two; thence north 12 degrees 16 minutes 32 seconds east, a distance of 193.19 feet to the northeast corner of said lot 208 and a point of curvature of a non-tangent curve,.having a radius of 225.00 feet, a central angle of 18 degrees 03 minutes 43 seconds, and a chord of 70.64 feet bearing south 80 degrees 52 2 minutes 00 seconds east; thence the next two courses along the south right-of--way line of potter point drive: (1) southeasterly along said curve, a distance of 70.93 feet; (2) thence south 89 degrees 53 minutes 51 seconds east, a distance of 161.11 feet to the point of beginning; said described tract containing 14.397 acres, more or less; excluding therefrom proposed lots 209 through 211 within the proposed plat of Lafayette Falls, Phase III, Section Two, yielding a net acreage of 13.362 acres, more or less. Subject to easements, covenants, and restrictions 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 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 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 3 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 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 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. PRESENTED 1 ~"~Z~O~ NOT APPROVED ADOPTED ~~-1Z-~1 4 Member of the 1 In Clerk's Q$~i~@ OCT 1 0 2007 JOHtf VOORDE CITY CLERK, 50. EiEP~D, I"1. 1200 COUNTY-CITY BUILDING 227 W 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 ~L .ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR October 9, 2007 Council Member Derek 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: KENDALL-WEISS, LLP (Lafayette Falls, Part of Phase III Sections 1 & 2) 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 Kendall-Weiss to build forty (40), single-family homes which will become part of Lafayette Falls, Phase III, Sections 1 and 2. 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 forty (40), single-family homes at a cost of $7,200,000. Please Note: The petition includes a request for a waiver for one of the lots listed in the tax abatement petition. That lot, number 409, has already received a building permit and work has been started. Except for lot number 409, the project meets the qualifications fora (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 22, 2007. 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. MEYEA DONALD E, INKS MANAGEMENT 574!235-9660 574/235-9371 EL~ZAEETH LEONARD PAX: 574/235-9697 574/235-9371 1200 C.OL7N'I'Y-CITY BL1[LDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 4660 1-1 8 30 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPOR T TO: SOUTH BEND COMMON COUNCIL FROM:. BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: KENDALL-WEISS, LLP LAFAYETTE FALLS: Phase III, Section 1, Lots Numbered 396 through 402 and 409 through 415 Phase III, Section 2, Lots Numbered 314 through 336 DATE: October 9, 2007 On October 3, 2007, a petition for residential tax abatement consideration for real property located in a part of Lafayette Falls, Phase III, sections 1 and 2 was filed with the City Clerk byKendall-Weiss. Please Note: The petition includes a request for a waiver for lot number 409 which has already received a building permit. Work has begun under that building permit. 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 Kendall-Weiss intends to construct forty (40), new, single-family homes on approximately 15.9 acres of land. The total estimated cost of the 40 homes is $7,200,000. The homes will consist of three to four bedrooms with two to two and one-half baths and range in size from 1,200 to over 2,500 square feet with eight-foot basement walls and attached garage, optional fireplaces, and vinyl siding with stone and/or brick accents. The area of Sections 1 and 2 as described above will contain~one retention basin, 2,2621inear feet of new streets, as well as public and private utilities. The average cost of the homes will be approximately $180,000. COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL St PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EL~zaaeTN LEONARD Fax: 574/235-9697 574/235-9371 South Bend Common Council RE: Kendall-Weiss, LLP October 9, 2007 Page 2 Please note that one building permit (No.109523) valued at $148,000 has been issued for lot number 409 (tax key number 23-1002- 0023.71). The work authorized under that building permit has begun. The work under the permit is ineligible for a tax abatement, however, the petitioner is requesting the Common Council to waive the Condition Precedent requiring approval of the abatement petition prior to obtaining a building permit and approve the abatement petition with lot number 409 included. If the waiver request cannot be approved the applicant is requesting the Common Council to approve a tax abatement for all lots EXCLUDING lot number 409. Taxes to be abated during the five-year (5) abatement period are estimated at $10,217 per home. The taxes to be ~ during the five-year (5) abatement period for each home are estimated at $6,838. Ifthe waiver is approved total taxes to be abated during the five (5) year abatement period are estimated at $408,680. Total taxes to be paid during the five (5) year abatement period are estimated at $273,520. If the waiver is not approved total taxes to be abated during the five (5) year abatement period are estimated at $398,463. Total taxes to be paid during the five (5) year abatement period are estimated at $266,682. 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 3788-07 September 24, 2007 5-year real property 3697-07 February 12, 2007 5-year real property 3551-06 January 9, 2006 5-year real property 3494-OS July 25, 2005 5-year real property 3481-OS June 27, 2005 5-year real property 3398-04 October 25, 2004 5-year real property 3352-04 July 12, 2004 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. As noted the Commissioner has found that one (1) building permit has been issued for lot number 409. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any Tax Incremental Allocation Areas; therefore, no action is required by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that, except for lot number 409, the petition meets the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. 5 YEAR 7-Oct-07 KENDALL-WEISS LAFAYETTE FALLS South Bend Centre 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 $180,000.00 Total Taxes Tax Abated"* Tax Paid""* 153,000.00 153,000.00 153,000.00 10,000.00 N/A N/A 163,000.00 153,000.00 153,000.00 (3,000.00) (3,000.00) (3,000.00) (35,000.00) (35,000.00) (35,000.00) 125,000.00 115,000.00 115,000.00 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 (40,120.00) N/A N/A N/A 10,000.00 125,000.00 74,880.00 50,120.00 5.1338% 5.1338% 5.1338% Gross Tax (tax rate x net assessed value) 6,417.25 3,844.19 2,573.06 Less SRTC: 21.7230% (1,394.02) (835.07) (558.95) Less Homestead Credit: 32.0952% (1,612.22) (965.78) (646.43) Net Tax 3,411.01 2,043.34 1,367.68 Year Net Assessed Value Total Taxes Due Tax Abated Tax Paid 1 125,000.00 3,411.01 2,043.34 1,367.68 2 125,000.00 3,411.01 2,043.34 1,367.68 3 125,000.00 3,411.01 2,043.34 1,367.68 4 125,000.00 3,411.01 2,043.34 1,367.68 5 125,000.00 3,411.01 2,043.34 1,367.68 5 year totals: 17,055.05 10,216.68 6,838.42 '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 $74,880 and adding back the land assessed value. CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C., 6-1.1-12.1-1, et se .and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): ~1~4E PRoPoSC~ ~~ E~S1N[a Si~G~E- -F/~.M~~~ 'F~.~-S~DC-tJTi/~t. SJ/il~tJ~Sta~JS ~Jsw P/'~~/~oF ~ ~aTS ~,~ I$ 9 14C-2/. =.S i I-iL-5F <G[,~ io~JS DF~ TH~- ~GJ E1,OPMLsJ ~ W l--L ~,Jow aE OnJ~- RET~,..1-~~~rJ r'~/~-~I..) 2~~ loZ UtiJE/~ Ff.I i ~,r ,.,C , ~~/4-+r /knJi'1 (~/'~VA-T~ G'~2CCTS (~ f.r~ ~MON DPGJ GI~I~U- fNJ (~ - k'_EGR .e,-~ i~J.J A/~~ ~}A ~J~>~~ ~[T f~A-i 1-1, ~.1~ ??l~ /-~FaSOLIArTGA Py3uC.. (~-r.l~A }~~v/~-; ~ vT~L~Ti~s. NornFs w~u- ~NV,r_ -r.~ s~x.~ ~n~rn I,z~ To z,soo so.~T. A,Jr~ w-u- 2. Estimate the dollar value of the construction project (do not include land cost): $ 7, 4c~~ 0OO I~vc~voG C3~sr nAEn,TS. 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 Interest (~EN~~4~-~- w~ss~ LLP i'3Z8 E. ~cP~=E2sar~1 (~e.~ta ~~o% 2~~,p~ ~,~1 4~1~-7 4. The commonly known address of the Property is: ~E~ (~;TAU~~t> SN-~-rS and having tax key no.:?-~- IooZ- OoZZ. c~ 1 ~ (use additional sheet for multiple addresses or key numbers). 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 $ Z~~q °~' ~ (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office 235-9523) ~VF ~SSESSE~ i/AwAT~oM o~ PAM-EST' C~-~~- -+A~J„~~, R~ Ta-~ t~U # of Z3-tooa-oo22.ot. 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 two years, whether paid by the current owner or a previous own~er (use additional sheet for multiple addresses): ~ T~~s ~~ I~~oiv~c~~a~ wT.s 'ZOOS}- T3Q~6S = -[Y~~3o.SZ1 C~~~a-S.'7a PA-1O_2~5~ ~~~ ~6T To QE {~S~ESSED. Tt~iAL - ~~~}x"71 3slr' C ~Sso7 0l PA-~tJl ' = f~M0~1vT ~i~n (T'his information maybe obtained from the St. Joseph County Treasurers office 235-9531) (,1STE~ "Ty.1~ IrJFO,n--~"lA~ i~~J -S ~2 TAX,cit•q~. t} ©1~~a~O~-Oc>z2.01 ~nJ Z~S An» '747 l.D. ~-z3--IOoZ-W:'Z.c~ ~ti 201„ A,r~ TATt] 1 T # G k ['gip n~~° 'M RaN;-~A~ ~oO OyO 10. What is your best estimate of the a er co p e ion mar et value of the property: ~ , 11. No building permit has been issued for construction an the property in connection with the improvement in question as of the date of Kling 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 bean issued}. The signature below is verification of this statement. 12. List o ther a nticipated p ublic f financing f or t he p roject, i nciuding a ny a ssistance L o b e s ought o r 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: ~~~~ 13. Describe how the property has become undesirable for or impossible of narmal development because of a lack of development, cessation of growth, deterioration of improvements ar other factors which have impaired values and prevent a normal development of the property: 'T~+~`(~-[~TE'MLnJi i..4 C~an1!-~ Saulal-l-T t-,y~ To [~tJ~rU~u~Pf'r~ LA~,tiJ~ fh.1 -sz-tF„~. t;ovrJt'-~ .(Zt=_LL~JTe.y ~Ct'NL-~ t~aaE?C~L~ I~.JTo i~.4.E. G~i-y C?F Sa:»-I a~N4 G JF -s t.~ - !RL- v. o~!' rte. i}~E, 1n1tiLL ~D Il~.j ~s'~/-'fit-'+~~~ f--~Si[~Cr•?TS T~ 'Ti~t~ ~dEl.eap/~t,En~ i '1n1~C.ti- I,L! Ty~*.J II~1l.L 1~1L2~,/j-SF' "t'~-}-L [..lzY`S ~utr4's'-r~~Jt~Nt'a 'i~4-~C t3A-S~. 14. The current use of the property is ~~~.~ G~L-fuR-F ~V~G~ ~ and the current zoning is 5F 1 ~- (use) and ~~_ (height and area). , SF ~, (This infonz~ation maybe obtained from the Building Department 235-9553) u5F(~`~olL ~~ V~ir'-i~u ~'F}~4SE'~LL, S~G."Si~.~J '~© l4ap "SFZ` ~2 F.aTS W-~-E~-~ Pr!A'~E•~~S~~~N~ 15. The property is located in the following Allocation Area (if any) declared and confirmed by the Sauth Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): l~~ 1 b. The follawing person should be contacted as the petitioners agent regarding additional information and public . hearing notifications: Name ~.~~~n, n,~ a~c..~~-E. r ,..~ cup-TA-~.r-S, 1._trG-,~ DC~=~/- GP- r-.1Z , ~t GP Address ~~ Ur~c..c~ ~.,sJ L~/,4.~s ~'n,-sr City, S#ate, Zip ~ „~_~, ~.~ ~ , ! ~ 4tda~ t Telephone ~5~41 -azz- ~3~~0 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): ~~~C'O 1 ~' S ~~: G ~``~a~n ~pp1 ~,3 OC ~vp0 ~ NO,~N' ~~ ~a~r~,S~~ '~o,~f,J it,t-C/lE 11P aF oPC-2e~~`ta~5 By: (Signature) ` ,~ ~rLC~J 1`~~~Q.r VY e>~" C~QrRtit~S (Typed or printed name and cap ity) I 2 Property Addresses Lafayette Falls, Phase III, Section One Lots 396 Address 6842 Stewart Drive Tax Ke~#s 23-1002-0023.60 397 6838 Stewart Drive 23-1002-0023.61 398 6834 Stewart Drive 23-1002-0023.62 399 6830 Stewart Drive 23-1002-0023.63 400 6826 Stewart Drive 23-1002-0023.64 401 6822 Stewart Drive 23-1002-0023.65 402 6818 Stewart Drive 23-1002-0023.66 409 6819 Stewart Drive 23-1002-0023.71 410 6823 Stewart Drive 23-1002-0023.72 411 6827 Stewart Drive 23-1002-0023.73 412 6831 Stewart Drive 23-1002-0023.74 413 6835 Stewart Drive 23-1002-0023.75 414 6839 Stewart Drive 23-1002-0023.76 415 6843 Stewart Drive 23-1002-0023.77 Lafayette Falls Phase III, Section Two (Proposed) 314 6919 Lutz Drive Unavailable for all lots. 315 6909 Lutz Drive 316 68171/utz Drive 317 6805 Lutz Drive 318 6755 Lutz Drive or 938 Vawter Circle 319 932 Vawter Circle 320 926 Vawter Circle 321 920 Vawter Circle 322 914 Vawter Circle 323 908 Vawter Circle 324 902 Vawter Circle 325 903 Vawter Circle 326 909 Vawter Circle 327 915 Vawter Circle 328 921 Vawter Circle 329 927 Vawter Circle 330 933 Vawter Circle 331 6731 Lutz Drive or 939 Vawter Circle 332 6723 Lutz Drive 333 6712 Lutz Drive 334 6722 Lutz Drive 335 6732 Lutz Drive 336 6742 Lutz Drive 337 6804 Lutz Drive 338 6812 Lutz Drive 339 6820 Lutz 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 III, Section Two will be assigned by the County Auditor's office after the Secondary Plat is recorded. F: IProjectslM3-//671Tnx Abatementltrcr abatement -part of phase IIl, sect I & phase /II, sect 2 -property addresses & tax key numbers.doc EXHIBIT "A" LEGAL DESCRIPTION: LOTS 396 THROUGH 402 AND 409 THROUGH 415 WITHIN LAFAYETTE FALLS, PHASE III, SECTION ONE A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 396 THROUGH 415 OF LAFAYETTE FALLS, PHASE III, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0728461 IN THE OFFICE OF RECORDER OF SAID COUNTY. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION: LOTS 314 THROUGH 339 WITHIN LAFAYETTE FALLS, PHASE III, SECTION TWO (PROPOSED) A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, INCLUDING A PART OF LOTS 209 THROUGH 211 IN LAFAYETTE FALLS, SECTION TWO AS RECORDED UNDER INSTRUMENT NUMBER 0451995 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, AND BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION TWO, SAID CORNER LYING SOUTH 89 DEGREES 04 MINUTES 47 SECONDS EAST, A DISTANCE OF 2631.12 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER, SAID CORNER BEING MARKED WITH A RAILROAD SPIKE, 0.1 FEET BELOW THE ROAD SURFACE AND 3.99 FEET NORTH OF RECORD CORNER ON THE NORTH-SOUTH RECORD LINE; THENCE SOUTH 00 DEGREES OS MINUTES Ol WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1625.11 FEET TO THE NORTHEAST CORNER OF SAID LOT 211 AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 05 MINUTES Oi SECOND WEST ALONG SAID EAST LINE, A DISTANCE OF 1041.75 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 517.06 FEET; THENCE NORTH 34 DEGREES 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 207.75 FEET; THENCE SOUTH 55 DEGREES 20 MINUTES 39 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 34 DEGREES 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 55 DEGREES 20 MINUTES 39 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE NORTH 34 DEGREES 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 114.97 FEET; THENCE NORTH 49 DEGREES 57 MINUTES 33 SECONDS EAST, A DISTANCE OF 90.86 FEET; THENCE NORTH 25 DEGREES 05 MINUTES 08 SECONDS EAST, A DISTANCE OF 170.00 FEET; THENCE NORTH 03 DEGREES 49 MINUTES 12 SECONDS WEST, A DISTANCE OF 84.83 FEET; THENCE NORTH 56 DEGREES 29 MINUTES 48 SECONDS WEST, A DISTANCE OF 103.31 FEET TO THE SOUTHEAST CORNER OF LOT 186 IN SAID LAFAYETTE FALLS, SECTION TWO; THENCE THE NEXT THREE COURSES ALONG THE BOUNDARY OF SAID LAFAYETTE FALLS, SECTION TWO, EXCLUSIVE OF OUTLOT "C": (1) NORTH 37 DEGREES 28 MINUTES 38 SECONDS EAST, A DISTANCE OF 155.59 FEET; (2) THENCE SOUTH 54 DEGREES E:\CIVIL 3D\ENG PROJ\M31167\survey\LEGALS\LEGAL DESCRIPTION - PART OF PH 111, SECT ONE & PH III, SECT TWO -TAX ABATEMEM.doc 31 MINUTES 07 SECONDS EAST, A DISTANCE OF 36.95 FEET; (3) THENCE NORTH 35 DEGREES 28 MINUTES 53 SECONDS EAST, A DISTANCE OF 21 1.21 FEET TO THE SOUTHWEST LINE OF LOT 206 IN LAFAYETTE FALLS, SECTION ONE AS RECORDED UNDER INSTRUMENT NUMBER 0441358IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 58 DEGREES 15 MINUTES 59 SECONDS EAST, A DISTANCE OF 223.18 FEET TO THE SOUTHEAST CORNER OF LOT 208 IN SAID LAFAYETTE FALLS, SECTION TWO; THENCE NORTH 12 DEGREES 16 MINUTES 32 SECONDS EAST, A DISTANCE OF 193.19 FEET TO THE NORTHEAST CORNER OF SAID LOT 208 AND A POINT OF CURVATURE OF ANON-TANGENT CURVE, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 18 DEGREES 03 MINUTES 43 SECONDS, AND A CHORD OF 70.64 FEET BEARING SOUTH 80 DEGREES 52 MINUTES 00 SECONDS EAST; THENCE THE NEXT TWO COURSES ALONG THE SOUTH RIGHT-OF-WAY LINE OF POTTER POINT DRIVE: (1) SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 70.93 FEET; (2) THENCE SOUTH 89 DEGREES 53 MINUTES 51 SECONDS EAST, A DISTANCE OF 161.1 1 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 14.397 ACRES, MORE OR LESS; EXCLUDING THEREFROM PROPOSED LOTS 209 THROUGH 211 WITHIN THE PROPOSED PLAT OF LAFAYETTE FALLS, PHASE III, SECTION TWO, YIELDING A NET ACREAGE OF 13.362 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. JOI~H V~a9 ;. CITY Cf.E`~. 6;.iy4 -te'a'!- /+ , ,,~ Qf~1Ce F~1~~ t~ V~~~ita ~ ~ ~'~~ I OCT-~ ~ rE E:\CIVIL 3D\ENG PROJ\M31167\survey\LEGALS\~EGAL DESCRIPTION -PART OF PH Ill, SECT ONE ~ PH lll, SECT TWO -TAX ABATEMEM.doc LAFAYETTE FALLS CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA yC ~13~TEM~'~' ~~ ~.Xi ST1N G LOTS 34(p" 4oZ ~n6D 4a~ - 4'IS 14ND ~o(~ P/zoPoS~ LOTS 3~ 4' 33~ CP~Rs~ ~. , ~~G'~`c one TuD~~ ~~ ~~ X~-~-1 r3 I I ~ ~ s ~~~., ~ o ~ ~~ ~A2'(' VF PF}~45~~~ SELTrarJ aNc CZNS~ 2. ~ o7284e~ ~ sEE Pry -"A~t-~E~ T~~a-~ S \ • t~- +/~sE ~i ~ SEc.Tr,ah1 OtJ~. e~tJsTYz. $~ ~~7Z`341o ~, ~~-E~" Z =< J A -~~- CsN.~T- 3 ~ --~" ~~ ~; ,~,:-, [7.i ~; ~ //~~ 9T4 fft 2 PHASE ~, ~ SE~LTIoN TW O CP~oposrp~ -~ ~~ ~~~ I a;:~ ~,~ ° ~ F 6~ ~ ~' t,;~ g G~ •~.'~ SCALE: 1" = 600' ~~ - ~vxgni 2ooa ABONMARCHE CONSULTANTS, L.L.C. South Bend. Indiana 46601