HomeMy WebLinkAboutDesignating Tax Abatement - Crescent Oaks - Section 2 Tampico Developments LLCRESOLUTION
4266 -13
Passed by the Common Council of the City of South Bend, Indiana
July 3,
Attest:
13
20
Presented by me to the Mayor of the City of South Bend, Indiana
July 9,
Approved and signed by me
2013
jut I/
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City Clerk
President of Common Council
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City Clerk
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RESOLUTION NO. 4 Z (Jo A3
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
CRESCENT OAKS - SECTION 2, 23229 23309 23389 24029 24089 24169 24249
24329 23239 23319 23399 24059 24139 24219 25099 2517'BASIN STREET, 2440
BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET
OR 5469 BALBOA PARK AVENUE
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
Lots
32
Address
2322 Basin Street
Tax Key #s
026- 1035- 059901
33
2330 Basin Street
026 - 1035- 059903
34
2338 Basin Street
026 -1035- 059902
35
2402 Basin Street
026- 1035 - 059904
36
2408 Basin Street
026- 1035- 059905
37
2416 Basin Street
026 -1035- 059906
38
2424 Basin Street
026 -1035- 059907
39
2432 Basin Street
026 - 1035- 059908
40
2440 Basin Street or 5511 Running
Deer Drive 026 - 1035- 059910
41
2323 Basin Street
026 -1035- 059909
42
2331 Basin Street
026 - 1035- 059911
43
2339 Basin Street
026 -1035- 059912
44
2405 Basin Street
026- 1035- 059913
45
2413 Basin Street
026- 1035- 059914
46
2421 Basin Street
026 -1035- 059915
47
2429 Basin Street or 5469 Balboa Park Avenue 026 - 1035- 059916
88
2509 Basin Street
026- 1035- 059917
89
2517 Basin Street
026 - 1035- 059918
all in Crescent Oaks — Section 2, South Bend, Indiana, and which is more particularly described
as follows:
A PARCEL OF LAND BEING A PART OF PARENT PARCEL 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 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT
OAKS, SECTION ONE A; A REPLAT OF CRESCENT OAKS SECTION ONE, AS RECORDED
UNDER INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF SAID COUNTY;
THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF
SAID CRESCENT OAKS, SECTION ONE A, A DISTANCE OF 706.23 FEET TO THE
SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A, AND THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST,
ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET;
THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF
CRESCENT OAKS SECTION ONE A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00
DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS
SECTION ONE A, A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES
02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES
03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES
57 SECONDS EAST,, A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES
58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES
59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES
09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05
MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08
MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER
HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE
OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51
MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE
NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED
UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH
COUNTY, A DISTANCE OF'651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED
PARCEL CONTAINING 4.81 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF
RECORD.
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 Investment 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 seq., 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 Investment 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 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.
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 Investment 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 the Common
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JUN - 3 2013
CITY CLERK, SO -A H SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -42 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS
WITH THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS CRESCENT OAKS — SECTION
2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323,
2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET,
2440 BASIN STREET OR 5511 RUNNING DEER DRIVE,
2429 BASIN STREET OR 5469 BALBOA PARK AVENUE,
AS RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR 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.
This bill was heard by the Community Investment Committee.
Karen L. White
Chairperson, Committee of the Whole