HomeMy WebLinkAboutDesignating Tax Abatement - Cooreman Real Estate Group, Inc. Villas at Lake Blackthorn (5 Year Residential Property)Attest:
RESOLUTION
3133 -02
Passed by the Common Council of the City of South Bend, Indiana
November 11,
20 02
Presented by me to the Mayor of the City of South Bend, Indiana
November 13 20 02 .
Approved and signed by me November 15,
City Clerk
President of Common Council
20 02
City Clerk
RESOLUTION NO.
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
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)
AS A RESIDENTIALLY DISTRESSED AREA 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, 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 area commonly known as The Villas at
Lake Blackthorn, South Bend, Indiana, and which is 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 under the provisions of Indiana Code 6 -1.1 -12.1 gt sea., 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 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 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:
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.
3
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 be designated as
a residentially distressed area.
SECTION X. 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 XI. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
PRESENTED t"\-61
NOT APPROVED \ 1
ADOPTER O-S Su \n,AA 0 t d�
Member of the Common Council
Filed in Clerk's Office
4
OCT 2 5 2002
�ORafiA�.OWA `
of MM UL
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -78 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 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 AS A
RESIDENTIALLY DISTRESSED AREA 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.
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 as substituted by
adding section X that reads:
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.
Karl King
Chairman