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Home My WebLink AboutConfirming Tax Abatement - Cooreman Real Estate Group Inc. (5 Yr. Residential Property)Attest: RESOLUTION 4295 -13 Passed by the Common Council of the City of South Bend, Indiana November 11, 13 20 Presented by me to the Mayor of the City of South Bend, Indiana November 12, 20 13 City Clerk President of Common Council Approved and signed by me NUL �M Q �%� 12 20 13 i City Clerk 0 RESOLIP iON NO. `� �,q S -' u A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4528, 4536, 4546, 4606, 4612 Lake Blackthorn Drive; 6568 Dockside Drive; 4636, 4644, 4710, 4720, 4728, 4814, 4822 Starboard Drive; 6510, 6507 Still Waters Court; 4938, 4954, 5011, 4935, 4915 Stern Line Court; 6535, 6530, 6634 Leeway Drive; 5015, 4917 Masthead Court; 5002, 5010, 5013, 5003, 4925 Bow Line Court; 4738, 4712, Portside Drive; 4627, 4611, 4604, 4614, 4624 Pier Court; 6613 Dockside Drive; 4711, 4719, 4821; 4829 Starboard Drive; 6530 Lake Crest Circle; 6735, 6747, 4736, 4739 Blackthorn Harbor Drive AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at lake Blackthorn - Section One, 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 A NON - 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 REPLAT OF RIGHTER'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 A NON - 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 l 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. and which has Key Numbers: 4528 Lake Blackthorn Drive 025- 1010 -0176 4536 Lake Blackthorn Drive 025 - 1010 - 017620 4546 Lake Blackthorn Drive 025- 1010- 017621 4606 Lake Blackthorn Drive 025- 1010 - 017622 4612 Lake Blackthom Drive 025 - 1010 - 017623 6568 Dockside Drive 025 - 1010 - 017625 4636 Starboard Drive 025 -1010- 017626 4644 Starboard Drive 025 -1010- 017627 4710 Starboard Drive 025 - 1010 - 017629 4720 Starboard Drive 025- 1010- 017630 4728 Starboard Drive 025 - 1010- 017631 4814 Starboard Drive 025 - 1010 - 017635 4822 Starboard Drive 025 - 1010 - 017636 6510 Still Waters Court 025 - 1010 - 017637 6507 Still Waters Court 025 - 1010 - 017639 4938 Stern Line Court 025- 1010- 017644 4954 Stern Line Court 025- 1010 - 017646 5011 Stern Line Court 025 - 1010- 017650 4935 Stern Line Court 025 -1010- 017655 4915 Stern Line Court 025 - 1010 - 017657 6535 Leeway Drive 025 - 1010 - 017658 5015 Masthead Court 025 - 1010 - 017664 4917 Masthead Court 025 - 1010- 017667 5002 Bow Line Court 025- 1010 - 017672 5010 Bow Line Court 025 - 1010 - 017673 5013 Bow Line Court 025 - 1010- 017674 5003 Bow Line Court 025- 1010 - 017675 4925 Bow Line Court 025 - 1010 - 017677 4736 Portside Drive 025 - 1010 - 017687 4712 Portside Drive 025 -1010- 017690 4627 Pier Court 025 - 1010 - 017693 4611 Pier Court 025 -1010- 017695 4604 Pier Court 025 - 1010 - 017697 4614 Pier Court 025 - 1010- 017698 4624 Pier Court 025 - 1010 - 017699 6613 Dockside Drive 025 - 1010 - 017703 4711 Starboard Drive 025 - 1010- 017708 4719 Starboard Drive 025 -1010- 017709 6530 Lake Crest Circle 025 - 1010- 017711 4821 Starboard Drive 025 -1010- 017717 4829 Starboard Drive 025 - 1010 - 017730 6530 Leeway Drive 025 -1010- 017719 6634 Leeway Drive 025 - 1010- 017724 6735 Blackthorn Harbor Drive 025 - 1010- 017403 6747 Blackthorn Harbor Drive 025 - 1010 - 017428 4736 Blackthorn Harbor Drive 025 - 1010 - 017429 4739 Blackthorn Harbor Drive 025- 1010 - 017728 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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 commencing from November 12 2008 or the date of the adoption ofthis Resolution by the Common Council whichever date is later. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years commencing from November 12. 2008, or the date of the adoption of the Declaratory Resolution by the Common Council whichever date is later. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. i2rSENYEU _1 `4 V-0 NOT APPROVED Filed in Clerk's 0; F; Joi*. CITY CLERIC, SOUTH SEND, IN F 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTICIEC, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR October 3, 2013 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Cooreman Real Estate Group, Inc. Dear Council Member Ferlic: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property located at The Villas at Lake Blackthorn, Sections I and II. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Cooreman Real Estate Group, Inc. proposes to construct fifty -one homes at a cost of $12,750,000.. A representative of the Petitioner will be available to meet with the Committee on Monday, October 28, 2013. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9278. Sincerely, Cott Executive Director, Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Chris Fielding Dave Relos Brock Zeeb ASSISTANT EXF.CUTIvE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRISFIELDING JITIN KAIN PAMELA C. ME>T..R BROCKZEEB