HomeMy WebLinkAboutDesignating Tax Abatement - Blackthorn Harbor Drive, Orange Rd. , Portside Drive - All the villas at Lake Blackthorn Section II - Coorman Real Estate Group, IncRESOLUTION
3865-08
Passed by the Common Council of the City of South Bend, Indiana
May 12, 20 08
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 13, 2008
City Clerk
Approved and signed by me May 1 S 20 08 .
~~~~L~ z
RESOLUTION NO. 3 g~ S - `~ ~
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
6735 BLACKTHRON HARBOR DRIVE, 6747 BLACKTHORN
HARBOR DRIVE (OR 4808 ORANGE ROAD), 4736 ORANGE ROAD (OR
6740 BLACKTHORN HARBOR DRIVE) AND 6716 BLACKTHORN
HARBOR DRIVE (OR 4739 PORTSIDE DRIVE) ALL IN THE VILLAS AT
LAKE BLACKTHORN -SECTION II
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 6735
BLACKTHRON HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE (OR 4808
ORANGE ROAD), 4736 ORANGE ROAD (OR 6740 BLACKTHORN HARBOR DRIVE)
AND 6716 BLACKTHORN HARBOR DRIVE (OR 4739 PORTSIDE DRIVE) ALL IN
THE VILLAS AT LAKE BLACKTHORN -SECTION II, South Bend, Indiana, and which
is more particularly described as follows:
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION TWO
PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH,
RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER,
SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89
DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1490.78 FEET TO A POINT LYING NORTH 89
DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 3467.01 FEET FROM A 1"
DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF
SAID SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A
DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 296.75 FEET;
THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET;
THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 3.26
FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 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, PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2.00 FEET;
THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 300.00
FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, PARALLEL
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 41.02
FEET TO THE WESTERLY RIGHT OF WAY OF PORTSIDE DRIVE AND A POINT ON A
NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
225.00 FEET, A CENTRAL ANGLE OF 34 DEGREES 42 MINUTES AND 00 SECONDS,
AND A CHORD OF 134.19 FEET BEARING SOUTH 17 DEGREES 17 MINUTES 40
SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF
WAY CURVE, A DISTANCE OF 136.27 FEET; THENCE SOUTH 0 DEGREES 03
MINUTES 20 SECONDS EAST, A DISTANCE OF 571.74 FEET; THENCE NORTH 89
DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, A DISTANCE OF 388.00 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.7 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS AND RIGHT OF WAY OF RECORD.
and this property which has Tax Key Numbers 25-1010-017403, 25-1010-017428, 25-1010-
017429 and 25-1010-017728, 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
sec ., 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 sea., 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:
2
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 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 commencing from July 28. 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 July 28, 2008, or the date o the adoption of 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.
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 -- ~ Z'' ~
NOT APPROVED ~y
ADOPTED S ~~L'Da
Member of the o on Council
4
Filed In Cfel~ld': C~ifiee
MAY - 7 200
JQI~!! VOORD'c
CITY CLE~;~:, S0. BEF:D, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-46 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 II, LOCATED ON
APPROXIMATELY 2.7 ACRES NORTH OF BRICK ROAD, EAST OF
ORANGE ROAD AND WEST OF 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.
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