HomeMy WebLinkAboutDesignating Tax Abatement - The Villas at Lake Blackthorn - Section 1 - Coorman Real Estate Group, IncRESOLUTION
3864-08
Passed by the Common Council of the City of South Bend, Indiana
May 12, Zo 08
Attest:
/`~ .
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 13, Zo 08
Approved and signed by me __ May 15 20Q$_ .
City Clerk
RESOLUTION NO. ~ ~~y -~
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
THE VILLAS AT LAKE BLACKTHORN -SECTION I
(A certain 51 lots located on approximately 56 acres north of Brick Road, and
west of and adiacent to the U.S. 31 Bypass)
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
COOREMAN REAL ESTATE GROUP, INC.
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 A CERTAIN51
LOTS AS LISTED IN EXHIBIT A TO THIS RESOLUTION, ALL IN THE VILLAS AT
LAKE BLACKTHORN -SECTION I, South Bend, Indiana, and which is more particularly
described as follows:
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE
A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION
18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON
MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49
MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF
WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST
RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES
51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35
MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF
CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS
OF 5950.00 FEET, A CENTRAL. ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A
CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3)
THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4)
THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20
FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF
481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE
OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD
BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH
COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A
DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS
WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45
SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND
DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID
RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15
MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH
LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE
OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A
DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST,
A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST,
A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS
EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS
WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES
51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES
20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT
"A" AS DEPICTED IN THE REPEAT OF RICHTER'S ORANGE ROAD MINOR SUBDIVISION,
DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID
RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50
MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST
LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE
OF 251.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE
CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF
335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A
CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST;
THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE
SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE
SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN
INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND
THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS
RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF
SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04
SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49
MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0
DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH
LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST;
THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST,
A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION
WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE
BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21,
2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT
#0323151.
SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD.
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and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution, be
designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et
sec ., and South Bend Municipal Code Sections 2-76 et seQ., 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 se ., and South Bend Municipal Code Sections 2-76, et seq., 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 sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the azea 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 aze 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 aze:
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. aze owned by a unit of local government; or
D. A significant number of dwelling units within the azea 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 azea 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 commencing,from November 12, 2008. or the date
of the adoption of this Resolution by the Common Council whichever date is later.
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 commencing from November 12, 2008, or the date of the adoption o this
Resolution by the Common Council whichever date is later.
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.
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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.
PRESENTED S- ~ ~--~
NOT APPROyED p~
.aDOpTED S~ ~ L -~()
c
r
Member of the Co n Council
Filed -n ~lerk'~ C3~+lce
h~ AY - 1 2008
5 ~ONt~V00R0E
0~'Y CL'c~K, S0, EEP~D, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-45 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS
AT LAKE BLACKTHORN -SECTION I, A CERTAIN 51 LOTS
LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK
ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS AS
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5)
FIVE-YEAR RESIDENTIAL REAL PROPERTY TAXABATEMENTFQR
COOREMAN REAL ESTATE GROUP, INC.
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
Exhibit A
THE VILLAS AT LAKE BLACKTHORN -SECTION I
LIST OF 51 LOTS
LOT # STREET ADDRESS KEY #
VLB lot 6*" 4622 Lake Blackthorn Drive 025-1010-017624
6616 Dockside Drive
VLB lot 7 6568 Dockside Drive 025-1010-017625
VLB lot 8 4636 Starboard Drive 025-1010-017626
VLB lot 9 4644 Starboard Drive 025-1010-017627
VLB lot 11 4710 Starboard Drive 025-1010-017629
VLB lot 12 4720 Starboard Drive 025-1010-017630
VLB lot 13 4728 Starboard Drive 025-1010-Oi7631
VLB lot 15 4746 Starboard Drive 025-1010-017633
VLB lot 17 4814 Starboard Drive 025-1010-017635
VLB lot 18" 4822 Starboard Drive 025-1010-017636
6506 Still Waters Court
VLB lot 19 6510 Still Waters Court 025-1010-017637
VLB lot 21 6507 Still Waters Court 025-1010-017639
VLB lot 26 4938 Stern Line Court 025-1010-017644
VLB lot 27 4946 Stern Line Court 025-1010-017645
VLB lot 28 4954 Stern Line Court 025-1010-017646
VLB lot 29 5004 Stern Line Court 025-1010-017647
VLB lot 32" 5011 Stern Line Court 025-1010-017650
6505 Cudd Court
VLB lot 37 4935 Stern Line Court 025-1010-017655
VLB lot 39 4915 Stern Line Court 025-1010-017657
VLB lot 40'* 6535 Leewa Drive 025-1010-017658
4906 Masthead Court
VLB lot 43 5006 Masthead Court 025-1010-017661
VLB lot 46 5015 Masthead Court 025-1010-017664
VLB lot 49 4917 Masthead Court 025-1010-017667
VLB lot 54 5002 Bow Line Court 025-1010-017672
VLB lot 55 5010 Bow Line Court 025-1010-017673
VLB lot 56 5013 Bow Line Court 025-1010-017674
VLB lot 57 5003 Bow Line Court 025-1010-017675
VLB lot 59 4925 Bow Line Court 025-1010-017677
VLB lot 60 4919 Bow Line Court 025-1010-017678
VLB lot 69 4738 Portside Drive 025-1010-017687
VLB lot 72 4712 Portside Drive 025-1010-017690
VLB lot 73 4704 Portside Drive 025-1010-017691
VLB lot 75 4627 Pier Court 025-1010-017693
VLB lot 77 4611 Pier Court 025-1010-017695
VLB lot 78 4603 Pier Court 025-1010-017696
VLB lot 79 4604 Pier Court 025-1010-017697
VLB lot 80 4614 Pier Court 025-1010-017698
VLB lot 81 4624 Pier Court 025-1010-017699
VLB lot 82"" 4632 Pier Court 025-1010-0177
6626 Dockside Drive
VLB lot 85 6613 Dockside Drive 025-1010-017703
VLB lot 88 4645 Starboard Drive 025-1010-107706
VLB lot 89 4703 Starboard Drive 025-1010-017707
VLB lot 90 4711 Starboard Drive 025-1010-017708
VLB lot 91 4719 Starboard Drive 025-1010-017709
VLB lot 93 6530 Lake Crest Circle 025-1010-017711
VLB lot 95 6521 Lake Crest Circle 025-1010-017713
VLB lot 96 4805 Starboard Drive 025-1010-017714
*VLB 1~' Re-plat lot 2
(former) lot 98)
4821 Starboard Drive Formerly
025-1010-017716
*VLB 1~` Re-plat lot 1
(formerly lot 996)
4829 Starboard Drive Formerly
025-1010-017717
VLB lot 101 6530 Leewa Drive 025-1010-017719
VLB lot 106 6634 Leewa Drive 025-1010-017724
* NOTE: These 2 parcels were recently re-platted and do not have new key numbers assigned
yet. The key numbers listed here reflect the previously assigned ones for lots 98 and 99B. The
Assessed Value is an estimate based on other similar lake lots still owned by the Developer.
The disparity in the AV of similar vacant lots is due to the differences between the AV and the
tax rates assigned to the Developer owned parcels vs. the market rates assigned once the lot is
sold.
** These are corner lots with two potential addresses listed.
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~,1 AY - 7 2008
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