HomeMy WebLinkAboutDesignating Tax Abatement - Tampico Developments, LLC Crescent Oaks Section 2 (5 Year Residential Property)RESOLUTION
3921-08
Passed by the Common Council of the City of South Bend, Indiana
November 10, 08
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Attest:
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Presented by me to the Mayor of the City of South Bend, Indiana
November 12,
20 08
City Clerk
President of Common Council
Approved and signed by me
November 12
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20 ~ 8 .
City Clerk
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RESOLUTION NO. 3~ ~~ ' Og
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
(A certain 80 lots located on approximately 19.9 acres approximately 693
.feet east oflronwood Road, and lyin~ between Jackson Road and Kern
Road
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 Tax Key #s
2322 Basin Street Unavailable for all lots.
33 2330 Basin Street
34 2338 Basin Street
35 2402 Basin Street
36 2408 Basin Street
37 2416 Basin Street
38 2424 Basin Street
39 2432 Basin Street
40 2440 Basin Street or 5511 Running Deer Drive
41 2323 Basin Street
42 2331 Basin Street
43 2339 Basin Street
44 2405 Basin Street
45 2413 Basin Street
46 2421 Basin Street
47 2429 Basin Street or 5469 Balboa Park Avenue
48 2428 St. Charles Avenue or 5461 Balboa Park Avenue
49 2420 St. Charles Avenue
50 2412 St. Charles Avenue
51 2404 St. Charles Avenue
52 2338 St. Charles Avenue
53 2330 St. Charles Avenue
54 2322 St. Charles Avenue
55 2319 St. Charles Avenue
56 2327 St. Charles Avenue
57 2335 St. Charles Avenue
58 2405 St. Charles Avenue
59 2411 St. Charles Avenue
60 2417 St. Charles Avenue
61 2423 St. Charles Avenue
62 2429 St. Charles Avenue
63 2435 St. Charles Avenue
64 2441 St. Charles Avenue
65 2447 St. Charles Avenue or 5373 Balboa Park Avenue
66 2511 St. Charles Avenue or 5418 Balboa Park Avenue
67 2519 St. Charles Avenue
68 2527 St. Charles Avenue or 5419 Iberville Drive
69 2609 St. Charles Avenue or 5420 Iberville Drive
70 2617 St. Charles Avenue
71 2625 St. Charles Avenue
72 2633 St. Charles Avenue
73 2641 St. Charles Avenue
74 2649 St. Charles Avenue
75 2657 St. Charles Avenue
76 2650 St. Charles Avenue or 5455 Julia Street
77 2642 St. Charles Avenue
78 2634 St. Charles Avenue
79 2626 St. Charles Avenue
80 2618 St. Charles Avenue
81 2610 St. Charles Avenue
82 2602 St. Charles Avenue
83 2534 St. Charles Avenue
84 2528 St. Charles Avenue
85 2520 St. Charles Avenue
86 2512 St. Charles Avenue
87 2504 St. Charles Avenue or 5458 Balboa Park Avenue
88 2509 Basin Street or 5464 Balboa Park Avenue
89 2517 Basin Street
90 2525 Basin Street
91 .2533 Basin Street
92 2541 Basin Street
93 2549 Basin Street
94 2607 Basin Street
95 2615 Basin Street
96 2623 Basin Street
97 2631 Basin Street
98 2639 Basin Street
99 2647 Basin Street or 5463 Julia Street
100 2530 Basin Street or 5512 Runnin~Deer Drive
101 2538 Basin Street
102 2546 Basin Street
103 2604 Basin Street
104 2612 Basin Street
105 2620 Basin Street
106 2628 Basin Street
107 2636 Basin Street
108 2644 Basin Street
109 5468 Julia Street
110 5460 Julia Street
111 5452 Julia Street
all in Crescent Oaks -Section 2, South Bend, Indiana, and which is more particularly
described as follows:
LEGAL DESCRIPTION: CRESCENT OAKS, SECTION TWO (PROPOSED)
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 1363.59 FEET TO THE NORTHWEST
CORNER OF CRESCENT OAKS, SECTION ONE AS RECORDED UNDER INSTRUMENT
NUMBER 0829850 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH
89 DEGREES 53 MINUTES 49 SECONDS EAST ALONG THE BOUNDARY OF SAID
CRESCENT OAKS, SECTION ONE, A DISTANCE OF 693.04 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 49 SECONDS
EAST, A DISTANCE OF 177.14 FEET; THENCE NORTH 00 DEGREES 16 MINUTES 57
SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 89 DEGREES 53
MINUTES 49 SECONDS EAST, A DISTANCE OF 232.00 FEET; THENCE SOUTH 85
DEGREES 49 MINUTES 53 SECONDS EAST, A DISTANCE OF 202.56 FEET TO THE
POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 2030.00 FEET AND A CHORD OF 158.81 FEET
BEARING SOUTH 14 DEGREES 23 MINUTES O1 SECOND WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 158.85 FEET; THENCE
SOUTH 82 DEGREES 47 MINUTES OS SECONDS EAST, A DISTANCE OF 138.79 FEET;
THENCE SOUTH 88 DEGREES 33 MINUTES 39 SECONDS EAST, A DISTANCE OF 128.79
FEET; THENCE SOUTH 85 DEGREES 11 MINUTES 32 SECONDS EAST, A DISTANCE OF
50.18 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 57 SECONDS EAST, A
DISTANCE OF 270.32 FEET; THENCE SOUTH 88 DEGREES 54 MINUTES 22 SECONDS
EAST, A DISTANCE OF 60.01 FEET; THENCE SOUTH 87 DEGREES 44 MINUTES 44
SECONDS EAST, A DISTANCE OF 65.06 FEET; THENCE SOUTH 86 DEGREES 28
MINUTES 34 SECONDS EAST, A DISTANCE OF 60.12 FEET; THENCE SOUTH 00
DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 110.01 FEET; THENCE
SOUTH 02 DEGREES 27 MINUTES 46 SECONDS EAST, A DISTANCE OF 77.59 FEET;
THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.27
FEET; THENCE SOUTH 52 DEGREES 15 MINUTES 17 SECONDS EAST, A DISTANCE OF
153.53 FEET; THENCE SOUTH 02 DEGREES OS MINUTES 58 SECONDS EAST, A
DISTANCE OF 68.80 FEET; THENCE SOUTH 35 DEGREES 37 MINUTES 17 SECONDS
WEST, A DISTANCE OF 118.24 FEET; THENCE SOUTH 45 DEGREES 42 MINUTES 59
SECONDS WEST, A DISTANCE OF 113.98 FEET TO THE NORTH BOUNDARY OF DEER
HOLLOW AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF
SAID RECORDER; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST
ALONG SAID NORTH BOUNDARY AND THE NORTH BOUNDARY OF STONEHEDGE
ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT
NUMBER 9516217 IN THE OFFICE OF SAID RECORDER, A DISTANCE OF 1317.09 FEET
TO THE SOUTHEAST CORNER OF LOT 31 IN SAID CRESCENT OAKS, SECTION ONE;
THENCE THE NEXT FIVE COURSE ALONG THE BOUNDARY OF SAID CRESCENT
OAKS, SECTION ONE, EXCLUSIVE OF THE TEMPORARY TURNAROUND
EASEMENTS: (1) NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST, A DISTANCE
OF 130.01 FEET; (2) THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST, A
DISTANCE OF 10.93 FEET; (3) THENCE NQRTH 00 DEGREES OS MINUTES 02 SECONDS
WEST, A DISTANCE OF 367.00 FEET; (4) THENCE NORTH 89 DEGREES 51 MINUTES 58
SECONDS EAST, A DISTANCE OF 9.51 FEET; (5) THENCE NORTH 00 DEGREES 08
MINUTES 02 SECONDS WEST, A DISTANCE OF 127.76 FEET TO THE POINT OF
BEGINNING; SAID DESCRIBED PARCEL CONTAINING 19.91 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY
OF RECORD.
and these lots which do not yet have individual tax key numbers but are part of the parent
parcel with tax key number 26-1035-0589.02, be designated as a Residentially Distressed
Area under the provisions of Indiana Code 6-1.1-12.1 et se ., and South Bend Municipal
Code Sections 2-76 et sea., 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 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:
4
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 seq., 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
5
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 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.
~--~- ~ ~~c._
Member of~ ommon Council
Pf;c~EiViED ~,-`~~~~
{''07 APPicG`~fEL?
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6
FiIGd In Cl~r~c'~ Office
OCT 2 3 ~~'~
JOHN VOORRE
CITY CLEt~K, S0. BEPJD, tN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-100 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, A CERTAIN 80 LOTS LOCATED ON
APPROXIMATELY 19.9 ACRES APPROXIMATELY 693 FEET EAST
OF IRONWOOD ROAD, AND LYING BETWEEN JACKSON ROADAND
KERN ROAD AS RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF (5) FIVE-YEAR RESIDENTIAL REAL PROPERTYTAX
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.
Oliver Davis
Chairperson, Committee of the Whole