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HomeMy WebLinkAboutConfirming Tax Abatement - Emerson Forest, LLC Southeast corner of West Ewing Ave, Praiirie Ave and Locust Rd (5 Year Real Property)Attest RESOLUTION NO. 2477 -97 Passed by the Common Council of the City of South Bend, Indiana, July 14, 1997 Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, July 15, ,,, 97 Approved and signed by me July 15, 19 97 City Clerk Mayor RESOLUTION NO. JU 19 7 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTHEAST CORNER OF WEST EWING AVENUE, PRAIRIE AVENUE AND LOCUST ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR EMERSON FOREST, 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 the Southeast corner of West Ewing Avenue, Prairie Avenue and Locust Road, South Bend, Indiana and which are more particularly described as follows: A PARCEL OF LAND BEING PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, SAINT JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 89 °- 35',35" EAST (BEARING ASSUMED) ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1303.09 FEET; THENCE SOUTH 00- 16'- 29" EAST ALONG THE WEST RIGHT -OF -WAY LINE OF GRANT STREET; A DISTANCE OF 179.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 °- 16'- 29" EAST LONG SAID RIGHT -OF -WAY A DISTANCE OF 27.00 FEET; THENCE NORTH 890- 35'- 35" EAST TO THE EAST LINE OF WEST HALF OF SAID QUARTER SECTION; A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 °- 16'-29" EAST ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 2405.46 FEET; THENCE S. 880- 34'- 19" WEST ALONG SAID SOUTH LINE TO A POINT BEING 152.9 FEET EAST OF THE WEST LINE OF SAID QUARTER SECTION; A DISTANCE OF 1193.09 FEET; THENCE NORTH 0°- 00'-12" EAST PARALLEL WITH THE WEST LINE OF SAID QUARTER TO THE SOUTHEAST CORNER OF ELMER BOOCHER MINOR SUBDIVISION AS RECORDED (INSTRUMENT NUMBER 8627026), A DISTANCE OF 1160.66 FEET; THENCE NORTH 0°- 00'-48" WEST ALONG THE EAST LINE OF SAID MINOR SUBDIVISION TO THE SOUTH LINE OF PEAKS -1ST ADDITION, A DISTANCE OF 1018.02 FEET; THENCE NORTH 61'- 29'- 37" EAST ALONG THE SOUTH LINE OF PEAKS 1ST ADDITION, A DISTANCE OF 584.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89 °- 35'- 35" EAST A DISTANCE OF 638.00 FEET TO THE POINT OF BEGINNING. (CONTAINING 68.8 ACRES MORE OR LESS). SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OR RECORD. 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 2330 -96 on January 8, 1996; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; or B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC 36 -7 -9, or ii. evidencing significant building deficiencies; or C. 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; D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction; E. That the description of the proposed redevelopment meets the applicable standards for such development; F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and H. 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. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of property 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. H: \ HOME \MBEITZIN \W P \TAXABATE \ABATES95 \EMERSON3. RES _' -r 5ENTED'- /y, %'/ 2 NOT APPROVED ' I ADOPM -7- / y _ G7 ember of the Common Council Filed in Clerk's Office J U N 2 7 1997 LORETTA J. DUDA CITY CLERK, BO. BEND, IN.