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Home My WebLink AboutConfirming Tax Abatement - Garden Place LLC Various Addresses on Garden Terrace, Tealwood Ln. and Place DriveAttest: RESOLUTION 2966 -01 Passed by the Common Council of the City of South Bend, Indiana February 12, 01 20_ Presented by me to the Mayor of the City of South Bend, Indiana February 13, 01 zo City Clerk President of Common Council Approved and signed by me February 14, 200 . City Clerk 0 RESOLUTION NO. 2- �-O A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5570, 55759 5580, 55859 5614, 5626, 56279 5637, 56449 5657, 5668 GARDEN TERRACE; 915, 920, 926, 934, 942, 950, 955, 9589 9659 9669 9749 9759 985, 9869 10089 1038, TEALWOOD LANE; AND 55829 5572, 5573, 55839 56129 5622, 56259 56359 56429 56459 5655, AND 5675 PLACE DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN PLACE LLC 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 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 Garden Terrace; 915, 920, 926, 934, 942, 950, 955, 958, 965, 966, 974, 975, 985, 986, 1008, 1038, Tealwood Lane; and 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, and 5675 Place Drive, South Bend, Indiana, and which are more particularly described as follows: Address Legal Description Key No. 5575 Garden Terrance Lott Garden Place 01- 1018 - 0383,10 5585 Garden Terrance Lot 2 Garden Place 01- 1018 - 0383,11 5627 Garden Terrance Lot 3 Garden Place 01- 1018 - 0383,12 5637 Garden Terrance Lot 4 Garden Place 01- 1018 - 0383,13 5657 Garden Terrance Lot 5 Garden Place 01- 1018 - 0383,14 915 Tealwood Lane Lot 6 Garden Place 01- 1018 - 0383,15 5570 Garden Terrance Lot 7 Garden Place 01- 1018 - 0383,16 5580 Garden Terrance Lot 8 Garden Place 01 -1018- 0383,17 5614 Garden Terrance Lot 9 Garden Place 01 -1018- 0383,18 5626 Garden Terrance Lot 10 Garden Place 01 -1018- 0383,19 5644 Garden Terrance Lot 11 Garden Place 01- 1018 - 0383,20 5668 Garden Terrance Lot 12 Garden Place 01 -1018- 0383,21 920 Tealwood Lane Lot 13 Garden Place 01 -1018- 0383,22 926 Tealwood Lane Lot 14 Garden Place 01 -1018- 0383,23 934 Tealwood Lane Lot 15 Garden Place 01 -1018- 0383,24 942 Tealwood Lane Lot 16 Garden Place 01- 1018 - 0383.25 950 Tealwood Lane Lot 17 Garden Place 01 -1018- 0383.26 958 Tealwood Lane Lot 18 Garden Place 01 -1018- 0383.27 966 Tealwood Lane Lot 19 Garden Place 01 -1018- 0383.28 974 Tealwood Lane Lot 20 Garden Place 01- 1018 - 0383.29 986 Tealwood Lane Lot 21 Garden Place 01- 1018 - 0383.30 1008 Tealwood Lane Lot 22 Garden Place 01 -1018- 0383.31 1038 Tealwood Lane Lot 23 Garden Place 01 -1018- 0383.32 5675 Place Drive Lot 24 Garden Place 01- 1018- 0383.33 5655 Place Drive Lot 25 Garden Place 01- 1018 - 0383.34 5645 Place Drive Lot 26 Garden Place 01- 1018 - 0383.35 5635 Place Drive Lot 27 Garden Place 01 -1018- 0383.36 5625 Place Drive Lot 28 Garden Place 01 -1018- 0383.37 5583 Place Drive Lot 29 Garden Place 01- 1018- 0383.38 5573 Place Drive Lot 30 Garden Place 01- 1018 - 0383.39 5572 Place Drive Lot 31 Garden Place 01- 1018 - 0383.40 5582 Place Drive Lot 32 Garden Place 01 -1018- 0383.41 5612 Place Drive Lot 33 Garden Place 01 -1018- 0383.42 5622 Place Drive Lot 34 Garden Place 01- 1018- 0383.43 5642 Place Drive Lot 35 Garden Place 01- 1018 - 0383.44 985 Tealwood Lane Lot 36 Garden Place 01- 1018 - 0383.45 975 Tealwood Lane Lot 37 Garden Place 01- 1018 - 0383.46 965 Tealwood Lane Lot 38 Garden Place 01 -1018- 0383.47 955 Tealwood Lane Lot 39 Garden Place 01 -1018- 0383.48 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: 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: G 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: L 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: L 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. 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. 3 SECTION VI. This Resolution shall be in full force and effect after April 19, 2001 and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. PRESENTED . NOT APPROVER i1DOPTE4"2,-\1-0, Member of the Common Co nc 4 a JAN 17 20 @1