HomeMy WebLinkAboutDesignating Tax Abatement - Macky Ct or Stadium Dr. , Mackey Dr., Stewart Drive, - Lafayette Falls, Phase III, Section 3 - Kendall Weiss, LLPRESOLUTION
3822-07
Passed by the Common Council of the City of South Bend, Indiana
January 14, Z0 08
Attest:
City Clerk
-4---r .-~ z President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 15,
zo 08
Approved and signed by me January 16,
20 ~ 8
City Clerk
RESOLUTION NO. 3 S ZZ"60
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
6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816,
6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY
DRIVE (OR 6848 MACKEY COURT}, 6847 STEWART DRIVE (OR 1517
MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE),
1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART
DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN
LAFAYETTE FALLS, PHASE III, SECTION 3
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 area commonly known as 6804
MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832,
6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY
COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART
DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE
(OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE)
ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described
as follows:
Legal Description: 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 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
1981.16 Feet To The Southwest Corner Of Lot 283 In Lafayette Falls, Section Five
& Lafayette Falls, Phase Iii, Lots 405 & 406 As Recorded Under Instrument Number
0704435 In The Office Of Recorder Of Said County And The Point Of Beginning;
Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls,
Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 Exclusive Of Outlot "B":
(1) North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 218.40 Feet To
The Point Of Curvature Of ANon-Tangent Curve, Concave Southeast, Having A
Radius Of 30.00 Feet, Being Subtended By A Chord Length Of 42.22 Feet, Bearing
North 45 Degrees 16 Minutes 59 Seconds East; (2) Thence Northeasterly Along Said
Curve, A Distance Of 46.83 Feet; (3) Thence North 90 Degrees 00 Minutes 00
Seconds East, A Distance Of 84.92 Feet; (4) Thence South 00 Degrees 00 Minutes
00 Seconds East, A Distance Of 71.62 Feet To The Northwest Corner Of Lot 407 In
Lafayette Falls, Phase Iii, Section One As Recorded Under Instrument Number
0728461 In The Office Of Said Recorder; Thence The Next Four Courses Along The
Boundary Of Said Lafayette Falls, Phase Iii, Section One: (1) South 00 Degrees 00
Minutes 00 Seconds East, A Distance Of 405.00 Feet; (2) Thence North 90 Degrees
00 Minutes 00 Seconds East, A Distance Of 128.71 Feet To The Point Of Curvature
Of ANon-Tangent Curve, Concave To The North, Having A Radius Of 62.00 Feet,
Being Subtended By A Chord Length Of 89.59 Feet, Bearing North 85 Degrees 50
Minutes 22 Seconds West; (3) Thence Easterly Along Said Curve A Distance Of
100.12 Feet; (4) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance
Of 133.31 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance
Of 65.00 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance
Of 25.12 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance
Of 187.02 Feet To The South Line Of Said Northwest Quarter; Thence North 89
Degrees 19 Minutes 47 Seconds West Along Said South Line, A Distance Of 225.02
Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 104.39
Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest,
Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet,
Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly
Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes
00 Seconds West, A Distance Of 161.42 Feet To The Point Of Curvature Of A
Tangent Curve, Concave To The North, Having A Radius Of 125.00 Feet, Subtended
By A Chord Length Of 30.75 Feet, Bearing North 82 Degrees 56 Minutes 08
Seconds West; Thence Westerly Along Said Curve, A Distance Of 30.82 Feet To
The Point Of Curvature Of A Reverse Curve, Concave To The South, Having A
Radius Of 30.00 Feet, Subtended By A Chord Of 27.12 Feet, Bearing South 77
Degrees 15 Minutes 25 Seconds West; Thence Westerly Along Said Curve, A
Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To
2
The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99
Feet, Bearing North 40 Degrees 22 Minutes 44 Seconds West; Thence Northwesterly
Along Said Curve, A Distance Of 186.90 Feet To The Point Of Curvature Of A
Reverse Curve, Concave To The West, Having A Radius Of 30.00 Feet, Subtended
By A Chord Length Of 27.12 Feet, Bearing North 21 Degrees 59 Minutes 07
Seconds East; Thence Northerly Along Said Curve, A Distance Of 28.14 Feet To
The Point Of Curvature Of A Reverse Curve, Concave To The East, Having A
Radius Of 125.00 Feet, Subtended By A Chord Length Of 10.66 Feet, Bearing North
02 Degrees 26 Minutes 36 Seconds West; Thence Northerly Along Said Curve, A
Distance Of 10.66 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A
Distance Of 273.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave
To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length
Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence
Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90
Degrees 00 Minutes 00 Seconds West, A Distance Of 139.07 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 140.00 Feet To The Point Of Beginning;
Said Described Tract Containing 4.502 Acres, More Or Less;
Subject To Right-Of--Way, 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 sea., 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 sec ., and South Bend Municipal Code Sections 2-76, et se ., and has further prepared
maps and plats showing the boundaries and such other information regarding the area in question
as required by law; and
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 seq., for tax abatement.
3
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 five (5) calendar years from the date of the adoption of this Resolution by
the Common Council.
4
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 Boazd 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 declazation.
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.
Member of the C on Council
Clerk's plfiee
Filed In
DEC " 5 ~u~1
PRESENTED ~ J l Ll_~
C~~~r r .:. _ .
NOT APPROVED
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ADOPTER J `~:~ `'v
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-02 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 6804 MACKEY
COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828,
6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR
6848 MACKEY COURT ), 6847 STEWART DRIVE (OR 1517 MACKEY
DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416
MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE),
AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN
LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY
DISTRESSED AREAS 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 favorite recommendation.
Derek D. Dieter
Chairperson. Committee of the Whole