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Home My WebLink AboutDesignating Tax Abatement - Basin, Royal Street , Charles Street, Canal Blvd., - Tampico Developments, LLC(RESOLUTION 3856-08 Passed by the Common Council of the City of South Bend, Indiana Apri! 28, 2 08 Attest: Presented by me to the Mayor of the City of South Bend, Indiana April 29, 20 08 City Clerk President of Common Council City Clerk Approved and signed by me May 2 ~ 20 0 8 RESOLUTION NO. 3 ~ S~-°8 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 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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 9.82 acres within NW '/4, Section 32, T37N, R3E, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1363.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF A PARCEL OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 8634826 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 753.67 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 624.74 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AND STONEHEDGE ESTATES, SECTION II, AS RECORDED UNDER INSTRUMENT NUMBERS 9516217 AND 9236154, RESPECTNELY, IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 750.68 FEET TO THE WEST LINE OF SAID'NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 16 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 625.15 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 10.791 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION HEREIN PREPARED BY THOMAS A. OESTERLING, REGISTERED LAND SURVEYOR, INDIANA LICENSE NUMBER 11462, EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, LLC, FOR TAMPICO DEVELOPMENTS, L.L.C,, ON APRIL 14, 2008. LINE BEARING DATUM DESCRIBED HEREIN BEING RELATNE TO SAID STAFFORDSHIRE ESTATES, SECTION TWO SUBDNISION. and these 31 lots do not yet have individual key numbers but are part of Tax ID Number 26- 1035-0589.02, 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 seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepazed 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 secy., and South Bend Municipal Code Sections 2-76, et sect., and has further prepazed maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; 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 pazcels 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 2 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. 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. 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 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. .~, Member of t e( ommon Council PRESENTED ~ ~ Z'~'-~$ NOT APPROVED p 4 ADOPTED ~-1-5~~0 File tip ~Snk'~t'm C~i~ac~ APR 1 5 ~Gti3 J4tsH VOORDE CITY CLERIC, S0.8END, !N. - TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-36 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 2107 BASIN STREET OR 5421 ROYAL STREET, 5413 AND 5405 ROYAL STREET, 2205, 2213, 2221, 2229, 2237, 2245, 2303, 2311, 2314, 2306, 2236, 2228, 2220, 2212 ST. CHARLES STREET, 2204 ST. CHARLES STREET OR 5422 ROYAL STREET, 2203 CANAL BOULEVARD OR 5430 ROYAL STREET, 2211, 2219, 2227, 2235, 2307, 2315, 2314, 2306, 2238, 2230, 2222 AND 2214 CANAL BOULEVARD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTYTAXABATEMENTFOR TAMPICO DEVELOPMENTS, LLC 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