HomeMy WebLinkAboutConfirming Tax Abatement - Cooreman Real Estate Group, Inc. Villas at Lake Blackthorn (5 Year Residential Real Property)Attest:
RESOLUTION
3138 -02
Passed by the Common Council of the City of South Bend, Indiana
December 9, 20 02
/(k'o
Presented by me to the Mayor of the City of South Bend, Indiana
-ue- �1
December 12,
Approved and signed by me
City Clerk
President of Common Council
20 02 .
City Clerk
RESOLUTION NO. 3 13F-01,
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
THE VILLAS AT LAKE BLACKTHORN
(105 lots located on approximately 56 acres north of Brick Road,
and west of and adjacent to the U.S. 31 Bypass)
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
The South Bend Redevelopment Commission for the benefit of:
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, South Bend, Indiana, and which are more particularly described as follows:
A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38
North, Range 2 East, German Township, 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 2278.97 feet
to the east line of the west 160 acres of the south half of said Section 18; thence along said east
line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF
BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds
West to the northeast corner of land described in Instrument Number 101065, as recorded in
the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of
401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet;
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 57 minutes 04 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 57 minutes 04 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 57 minutes 04 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 57 minutes 04
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 292.71 feet to the
point of curvature of a non - tangent curve, being the northerly right -of -way of Orange Road,
concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes
44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East;
thence East along said northerly right -of -way curve, a distance of 115.99 feet; thence South 0
degrees 11 minutes 04 seconds East, a distance of 119.25 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 two (2) 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 to east
line of the west 160 acres of the south half of said Section 18 and the POINT OF
BEGINNING.
and which has Key Numbers 04- 1010 -0176 and 25- 1010 -0177, 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 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:
2
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. 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:
L 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.
KI
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 sea.
SECTION VI. The petitioner agrees to file with the City Clerk a complete listing of the
commonly known addresses and key numbers for each of the 105 lots by January 31, 2003.
SECTION VII. 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 ounc� it
El
PRESENTED
NOT APPROVED O
ADOPTED
Filed in Clerk's Office
OCT 2 a 2002
WWffAJ. MM
C"duffiKSMOMOL