HomeMy WebLinkAboutConfirming Tax Abatement - Woodhaven LLC Various Addresses on Emerson Forest Parkway (5 Year Residential Property)Attes
RESOLUTION
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Passed by the Common Council of the City of South Bend, Indiana
March 22,
04
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
March 23, 20 04
Approved and signed by me March 24
City Clerk
dent of Common Council
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City Clerk
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RESOLUTION NO. 33 � -,'
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524,
2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
WOODHAVEN, LLC
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement has 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 areas
commonly known as 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432,
2502, 2512, 2524, 2536, 2548, 2608 and 2620 Emerson Forest Parkway, South Bend,
Indiana, and which are more particularly described as follows:
Street Address
2309 Emerson Forest Parkway
2315 Emerson Forest Parkway
2503 Emerson Forest Parkway
2513 Emerson Forest Parkway
2525 Emerson Forest Parkway
2537 Emerson Forest Parkway
2603 Emerson Forest Parkway
2310 Emerson Forest Parkway
2402 Emerson Forest Parkway
2432 Emerson Forest Parkway
2502 Emerson Forest Parkway
2512 Emerson Forest Parkway
2524 Emerson Forest Parkway
2536 Emerson Forest Parkway
2548 Emerson Forest Parkway
2608 Emerson Forest Parkway
2620 Emerson Forest Parkway
Legal Description
Lot #9 Emerson Forest Section One
Lot #11 Emerson Forest Section One
Lot #48 Emerson Forest Section One
Lot #49 Emerson Forest Section One
Lot #50 Emerson Forest Section One
Lot #51 Emerson Forest Section One
Key Number
18- 8154 - 5545 -34
18- 8154 - 5545 -32
18- 8154 - 5545 -27
18- 8154 - 5545 -26
18- 8154 - 5545 -25
18- 8154 - 5545 -24
Lot #52 Emerson Forest Section One
18- 8154 - 5545 -23
Lot #159 Emerson Forest Section One
18- 8154 - 5545 -06
Lot #160 Emerson Forest Section One
18- 8154 - 5545 -07
Lot #163 Emerson Forest Section One
18- 8154 - 5545 -10
Lot #195 Emerson Forest Section One
18- 8154 - 5545 -11
Lot #196 Emerson Forest Section One
18- 8154 - 5545 -12
Lot #197 Emerson Forest Section One
18- 8154 - 5545 -13
Lot #198 Emerson Forest Section One
18- 8154 - 5545 -14
Lot #199 Emerson Forest Section One
18- 8154 - 5545 -15
Lot #201 Emerson Forest Section One
18- 8154 - 5545 -17
Lot 4202 Emerson Forest Section One
18- 8154 - 5545 -18
be designated as a Residentially Distressed Area; 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 thatthe 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 seg., 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. 8845 -97, which was
passed on December 8, 1997:
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 underthis 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 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 from the date of adoption of the Declaratory Resolution by the
Common Council.
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 seg.
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.
PRESENTED ,3-2-7--01
NOT APPROIAD.
ADOPTED 3 -z2-- 0)
Memller of the Common Co ncil
Filed In Clerk's Office
FEB 12 =
CITY