HomeMy WebLinkAboutConfirming Tax Abatement - Beeler & Brown Properties, LLC and Davey, LLC Lots 1-41 Harvest Pointe Subdivision (5 Year Residential Property)Attest
RESOLUTION
NO. 2620 -98
Passed by the Common Council of the City of South Bend, Indiana
May
11, 98
19
Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
May 12, 19 98
Approved and signed by me May 13' 19 98
City Clerk
Mayor
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
LOTS #1, 29 39 4, 5, 69 79 89 99 109 119 12, 13, 149 159 16, 179 189 199
209 219 229 239 249 259 269 27, 289 29, 30, 319 329 339 349 359 36,
379 389 399 409 41 HARVEST POINTE SUBDIVISION
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT FOR
BEELER & BROWN PROPERTIES, LLC AND DAVEY, 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 Lots 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 Harvest Pointe Subdivision, South Bend, Indiana,
and which is more particularly described as follows:
Street Address
Legal Description
4101 Ashard Drive
Lot #1 Harvest Pointe Subdivision
or 4433 Harvest Pointe Drive **
4109 Ashard Drive
Lot #2 Harvest Pointe Subdivision
4117 Ashard Drive
Lot #3 Harvest Pointe Subdivision
4201 Ashard Drive
Lot #4 Harvest Pointe Subdivision
4209 Ashard Drive
Lot #5 Harvest Pointe Subdivision
4217 Ashard Drive
Lot #6 Harvest Pointe Subdivision
4218 Ashard Drive
Lot #7 Harvest Pointe Subdivision
4210 Ashard Drive
Lot #8 Harvest Pointe Subdivision
4202 Ashard Drive
Lot #9 Harvest Pointe Subdivision
4118 Ashard Drive
Lot #10 Harvest Pointe Subdivision
4110 Ashard Drive
Lot #11 Harvest Pointe Subdivision
4102 Ashard Drive
Lot #12 Harvest Pointe Subdivision
or 4407 Harvest Pointe Drive **
4101 Cherry Pointe Drive
Lot #13 Harvest Pointe Subdivision
or 4401 Harvest Pointe Drive **
4109 Cherry Pointe Drive
Lot #14 Harvest Pointe Subdivision
4117 Cherry Pointe Drive
Lot #15 Harvest Pointe Subdivision
4201 Cherry Pointe Drive
Lot #16 Harvest Pointe Subdivision
4209 Cherry Pointe Drive
Lot #17 Harvest Pointe Subdivision
4217 Cherry Pointe Drive
Lot #18 Harvest Pointe Subdivision
4218 Cherry Pointe Drive
Lot #19 Harvest Pointe Subdivision
4210 Cherry Pointe Drive
Lot #20 Harvest Pointe Subdivision
4202 Cherry Pointe Drive
Lot #21 Harvest Pointe Subdivision
4118 Cherry Pointe Drive
Lot #22 Harvest Pointe Subdivision
4033 Cherry Pointe Drive
Lot #23 Harvest Pointe Subdivision
or 4402 Harvest Pointe Drive **
4410 Harvest Pointe Drive
Lot #24 Harvest Pointe Subdivision
4418 Harvest Pointe Drive
Lot #25 Harvest Pointe Subdivision
4426 Harvest Pointe Drive
Lot #26 Harvest Pointe Subdivision
4434 Harvest Pointe Drive
Lot #27 Harvest Pointe Subdivision
4433 Whitefeather Drive
Lot #28 Harvest Pointe Subdivision
4425 Whitefeather Drive
Lot #29 Harvest Pointe Subdivision
4417 Whitefeather Drive
Lot #30 Harvest Pointe Subdivision
4409 Whitefeather Drive
Lot #31 Harvest Pointe Subdivision
4401 Whitefeather Drive
Lot #32 Harvest Pointe Subdivision
or 4025 Cherry Pointe Drive **
4434 Whitefeather Drive
Lot #33 Harvest Pointe Subdivision
Key Number
25 -1013- 020702*
4426 Whitefeather Drive
4418 Whitefeather Drive
4410 Whitefeather Drive
4402 Whitefeather Drive
or 4001 Cherry Pointe Drive **
4002 Cherry Pointe Drive
4010 Cherry Pointe Drive
4018 Cherry Pointe Drive
4026 Cherry Pointe Drive
Lot #34 Harvest Pointe Subdivision
Lot #35 Harvest Pointe Subdivision
Lot #36 Harvest Pointe Subdivision
Lot #37 Harvest Pointe Subdivision
Lot #38 Harvest Pointe Subdivision
Lot #39 Harvest Pointe Subdivision
Lot #40 Harvest Pointe Subdivision
Lot #41 Harvest Pointe Subdivision
(* - the master key number is currently being split and separate key numbers will be assigned
to each of the above addresses /lots).
( ** designates corner lots which may have one or the other street address listed).
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 H. 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
FA
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 seq.
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.
Member of the Common Council
PRESENTED SS-1I- 09
NOT APPROVED 3
ADOPTED5- I 9 8