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HomeMy WebLinkAboutDesignating Tax Abatement - Tampico Developments, LLC Crescent Oaks, Section Three (5 Year Reesidential Property)RESOLUTION 4454 -15 Passed by the Common Council of the City of South Bend, Indiana June 8, Attest "', K L v C 15 20 Presented by me to the Mayor of the City of South Bend, Indiana June 9, 20 15 ti City Clerk President of Common Council Approved and signed by me Tone i% 20—!E. City Clerk RESOLUTION NO. �o r -" A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have 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 Crescent Oaks, Section Three, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PART OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 °16'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION IA, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 °51'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION IA; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 °28'59" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 031'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 178.50 FEET; THENCE NORTH 89 028'59" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 9.51 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION IA, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION IA:, THENCE NORTH 89 °53'49" EAST, 168.00 FEET; THENCE NORTH 00 °16'57" WEST, 125.00 FEET; THENCE NORTH 89 °53'49" EAST, 232.00 FEET; THENCE SOUTH 85 049'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY A CHORD OF 158.62 FEET, BEARING SOUTH 13044'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 °47'05" EAST,136.53 FEET; THENCE SOUTH 88 °33'39" EAST 22.41 FEET; THENCE SOUTH 00 °08'02" EAST, 105.24 FEET; THENCE NORTH 89 °51'58" EAST 19.71 FEET THENCE SOUTH 00 008'02" EAST, 159.73 FEET; THENCE SOUTH 89 °51'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 032'59" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO,73.42 FEET; THENCE SOUTH 89 °51'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 °46'57" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 10 °13'03" EAST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO 1.91 FEET; THENCE NORTH 89 °33'02" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.23 ACRES, MORE OR LESS. Subject to any easement, covenants, restriction, and right way of record. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et se ., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment 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 sue., and South Bend Municipal Code Sections 2 -76, et seq., 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 Investment 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. 9394 -03, which was passed on February 10, 2003: 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. 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 Investment 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 as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. 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 confinning 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 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. NOT oftcho sDOSrsa (.0 - r-( J- Member of the ommon Council Flied in MAY 15 JOHN 1�OORD& CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS, SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 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. This bill was heard by the Community Investment Committee. Karen L. White Chairperson, Committee of the Whole