HomeMy WebLinkAboutDesignating Tax Abatement - Emerson Forest LLC Southeast Corner of West Ewing Ave, Praire Ave and Locust Rd. (5 Year Real Property)RESOLUTION
NO. 2325 -95
Passed by the Common Council of the City of South Bend, Indiana,
December 18, 19 X95
Attest: 4L", r `mow✓ Citv Clerk
Attest: v �-
Presented by me to the Mayor of the City of South Bend. Indiana
of Common Council.
December 19, 95
19
.....a, ./,C7 City Clerk
Approved and signed by me -')c 19
Mayor
RESOLUTION NO. 2UO
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
SOUTHEAST CORNER OF WEST EWING AVENUE,
PRAIRIE AVENUE AND LOCUST ROAD
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR REAL PROPERTY
RESIDENTIAL TAX ABATEMENT FOR
EMERSON FOREST, LLC
WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for
consideration by the Common Council of the City of South Bend, Indiana requesting that the
areas commonly known as 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 890- 35'- 35" EAST (BEARING ASSUMED) ALONG THE NORTH LINE
OF SAID QUARTER SECTION, A DISTANCE OF 1303.09 FEET; THENCE SOUTH 0 °-
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 00- 16' -29" EAST ALONG SAID EAST
LINE TO THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 2405.46
FEET; THENCE S. 88 °- 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 610- 29'- 37" EAST ALONG THE SOUTH LINE OF
PEAKS 1ST ADDITION, A DISTANCE OF 584.00 FEET; THENCE CONTINUING ALONG
SAID SOUTH LINE NORTH 890- 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.
and which have Key Numbers 18- 8154 -5545 and 18- 8154 - 5545.01 be designated as Residentially
Distressed Areas under the provisions of Indiana Code 6- 1.1- 12.1 -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 areas qualify as Residentially Distressed Areas under Indiana Code 6 -1.1-
12.1-1, et sue., 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 areas 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 areas qualify as
Residentially Distressed Areas.
NOW, THEREFORE, BE TT 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 -1 et sea., for tax abatement.
SECTION H. The Common Council 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.
SECTION III. 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 set forth as Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the areas herein described be designated
as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as
Residentially Distressed Areas for purposes of real property tax abatement.
SECTION V. The designation as a Residentially Distressed Area shall be limited to two (2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. 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 VII. 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 VIII. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the petitioner must meet all local code
standards for habitability as specific conditions of having such properties being designated
residentially distressed areas.
SECTION IX. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
P:\MIKE\TAXA13ATE\ABATES95\EMERSONI.RES
PRESENTED � 2- - / e - '�S
NOT APPROVED
ADOPTED /Z
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Filed in Clerk's Office
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