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HomeMy WebLinkAboutDesignating Tax Abatement - G & M Properties, J.C. & Naomi Davis, Annette Kyle & Ernesto Martinez 4011 & 4005 Riverside Dr., 1752 Kessler Blvd., 1210 & 1214 Sorin St. & 2834 W. Calvert St. (5 Year Residential Property)Attest: RESOLUTION 3044 -01 Passed by the Common Council of the City of South Bend, Indiana October 22, 01 20_. Presented by me to the Mayor of the City of South Bend, Indiana October 23, 20 01 Approved and signed by me October 23, City Clerk President of Common Council 2001 City Clerk M. 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 4011 and 4005 RIVERSIDE DR., 1752 KESSLER BLVD., 1210 and 1214 SORIN ST., and 2834 W. CALVERT ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES, J. C. AND NAOMI DAVIS, ANNETTE KYLE, AND ERNESTRO MARTINEZ 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 South Bend, Indiana, and which is more particularly described as follows: Street Address: 4011 Riverside Dr. 4005 Riverside Dr. 1752 Kessler Blvd. 1210 Sorin Street 1214 Sorin Street 2834 West Calvert St. Legal Description: Lot 279 Riverside Manor Sub Lot 280 Riverside Manor Sub Lot 31 of Portage Heights Addition Lot 7 Happ Taggart's 151 Addition Lot 6 Happ Taggart's V Addition Lot 35 Richard 151 Addition Key Number 25- 1011 -0451 25- 1011 -0452 18- 2140 -5262 18 -5078 -2734 18 -5078 -2735 18- 8110 -4175 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, 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 sM., 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: 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: 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. 2 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 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. 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 uncil 9RISENTW�00-22-, ©� NOT APPROVED ADOPTED �b�LZ-o1 ufi Clark's Offte OGT i '� .2.p01 L09MAd. LIJUA CITY CLENK, P.C. WEND, ft COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01 -86 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 4011 AND 4005 RIVERSIDE DR., 1752 KESSLER BLVD., 1210 AND 1214 SORIN ST., AND 2834 W. CALVERT ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES, J.C. AND NAOMI DAVIS, ANNETTE KYLE, AND ERNESTRO MARTINEZ 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. Andrew Udj ak Chairman LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Michael E. Urbanski of The City of Mishawaka, St. Joseph County, State of Indiana, and as partner of G &M Partnership, an Indiana General Partnership, acting as Developer for the Infill Project, do hereby constitute and appoint Jill E. Sechowski of Garden Homes by E.L., Inc., to be our true and lawful attorney -in -fact with full power in our name and stead for and on our behalf to represent G &M Partnership before any commission meeting that the City of South Bend, Indiana may have including its Common Council for the purpose of obtaining approval of tax abatement for any development with regard to the lots in the City of South Bend. I hereby ratify all that my said attorney -in -fact shall lawfully due or cause to be done by virtue of these presences. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 22th day of October, 2001. W 1/ . lei, �. STATE OF INDIANA ) ) SS: St. Joseph County ) Before me, the undersigned, a Notary Public in and for said County and State, this 22th Day of October, 2001 personally appeared Michael E. Urbanski, and acknowledge the execution of the above and foregoing instrument to their voluntary act and deed. WITNESS my hand and Notarial Seal. Victoria L. Miller Notary Public, and resident of St. Joseph County, Indiana. My Commission Expires: February 22, 2008 Prepared by: Michael E. Urbanski