HomeMy WebLinkAboutNo. 2389 approving an application for real property tax deduction (1 yr extension of Villas at Lake Blackthorn)RESOLUTION NO. 2389
• A RESOLUTION APPROVING AN APPLICATION FOR
REAL PROPERTY TAX DEDUCTION
WHEREAS, I.C. 6-1.1-12.1-2(1) provides that an application forpropertytax deduction may
not be approved when the property is located in an allocation area as defined in I.C. 36-7-14-39,
unless the Redevelopment Commission which designated that allocation area adopts a resolution
approving that application; and
WHEREAS, the Redevelopment Commission on November 1, 2002 approved a petition for
five years of real property tax abatement consideration through Resolution No,. 1917 for the benefit
of the Cooreman Real Estate Group, Inc. for real property located in Section I of The Villas At
Blackthorn in the Airport Economic Development Area, the legal description of which is attached
hereto, marked Exhibit "A" and incorporated herein; and
WHEREAS, this Commission declared the Airport Economic Development Area by
Resolution No. 919, adopted February 23, 1990, and in the same resolution declared the Airport
Economic Development Area Allocation Area No. 1; and
WHEREAS, the Airport Economic Development Area Allocation Area No. 1 was
subsequently expanded to include the property located at The Villas At Blackthorn; and
• WHEREAS, the South Bend Common Council, with the consent of the Redevelopment
Commission, declared the property located at The Villas at Blackthorn to be an residentially
distressed area for a period of five (5) years to enable Cooreman Real Estate Group, Inc., the
developer, to develop the property and offer a maximum of five (5) year tax abatement to owners of
individual parcels once the parcels are developed; and
WHERAS, the developer, due to slower than anticipated sales, has not completed the
construction and sale of the parcels on the property located at The Villas at Blackthorn, and therefore
is requesting a one (1) year extension of the designation of the property as a residentially distressed
area for the purposes of continuing to provide for a maximum of five (5) year tax abatement to
owners of newly developed parcels;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission
as follows:
1. The Commission finds that the application from the Cooreman Real Estate Group,
Inc. for a one (1) year extension of the designation of the property as a residentially distressed area in
order to continue to permit a maximum of five (5) year tax-abatement for newly developed
residential real property located at Section I of The Villas At Blackthorn in the Airport Economic
Development Area Allocation Area No. 1, should be and is hereby approved.
2. A copy of this resolution shall be forwarded to the South Bend Common Council to
• indicate the Commission's approval of the petition for the extension of the previously approved real
property tax abatement for the Cooreman Real Estate Group, Inc.
. ADOPTED at a meeting of the South Bend Redevelopment Commission held on
/ ----, 2007 at 1308 County-City Building, 227 West Jefferson Boulevard,
South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
l.Go
Signahu'e
Marcia I. Jones, President
Printed Nmne mtd Title
South Bend Redevelopment Commission
ATTEST:
nature
Gregory S. Downes, Secretary
Printed Name mtd Title
South Bend Redevelopment Commission
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EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE
A PART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION
18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON
MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49
MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF
WAY OF U.S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST
RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36
MINUTES 51 SECONDS WEST, A DISTANCE OF 85.66 FEET; (2) THENCE SOUTH 25
DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT
OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A
RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS,
AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES23 SECONDS
WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56
FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF
211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A
DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS
EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED
IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF
RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15
MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2
DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE
SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO
THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS
RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF
SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22
FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48
MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES
03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89
DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0
DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE
SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET;
THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00
FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF
2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF
100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE
OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE
OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT
OF RIGHTER'S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT
NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG
THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS
EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A",
NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO
THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF
ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A
CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38
FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST
ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0
DEGREES 11 MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE
SOUTHWEST CORNER OF LOT 1 OF BOGUE'S MAJOR SUBDIVISION, DESCRIBED IN
INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER
AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER
9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE
BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45
MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89
DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE
NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2
EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49
SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING.
EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE
VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT,
RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
AS INSTRUMENT #0323151.
SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS.
SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD.
LOT # STREET ADDRESS KEY #
VLB lot 6 4622 Lake Blackthorn Drive 025-1010-017624
6616 Dockside Drive
VLB lot 7 6568 Dockside Drive 025-1010-017625
VLB lot 8 4636 Starboard Drive 025-1010-017626
VLB lot 9 4644 Starboard Drive 025-1010-017627
VLB lot 10 4702 Starboard Drive 025-1010-017628
VLB lot 11 4710 Starboard Drive 025-1010-017629
VLB lot 12 4720 Starboard Drive 025-1010-017630
VLB lot 13 4728 Starboard Drive 025-1010-017631
VLB lot 14 4736 Starboard Drive 025-1010-017632
VLB lot 15 4746 Starboard Drive 025-1010-017633
VLB lot 16 4806 Starboard Drive 025-1010-017634
VLB lot 17 4814 Starboard Drive 025-1010-017635
VLB lot 18 4822 Starboard Drive 025-1010-017636
6506 Still Waters Court
VLB lot 19 6510 Still Waters Court 025-1010-017637
VLB lot 20 6501 Still Waters Court 025-1010-017638
VLB lot 21 6507 Still Waters Court 025-1010-017639
VLB lot 22 6515 Still Waters Court 025-1010-017640
4904 Starboard Drive
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VLB lot 23 4914 Starboard Drive 025-1 01 0-01 7641
4914 Stern Line Court
VLB lot 24 4922 Stern Line Court 025-1010-017642
VLB lot 25 4930 Stern Line Court 025-1 01 0-01 7643
VLB lot 26 4938 Stern Line Court 025-1010-017644
VLB lot 27 4946 Stern Line Court 025-1010-017645
VLB lot 28 4954 Stern Line Court 025-1010-017646
VLB lot 29 5004 Stern Line Court 025-1010-017647
VLB lot 30 5014 Stern Line Court 025-1010-017648
VLB lot 31 5026 Stern Line Court 025-1010-017649
VLB lot 32 5011 Stern Line Court 025-1010-017650
6505 Cudd Court
VLB lot 33 6515 Cudd Court 025-1010-017651
VLB lot 34 6528 Cudd Court 025-1010-017652
VLB lot 35 6516 Cudd Court 025-1010-017653
VLB lot 36 6506 Cudd Court 025-1010-017654
5003 Stern Line Court
VLB lot 37 4935 Stern Line Court 025-1010-017655
VLB lot 38 4925 Stern Line Court 025-1010-017656
VLB lot 39 4915 Stern Line Court 025-1010-017657
VLB lot 40 6535 Leewa Drive 025-1010-017658
4906 Masthead Court
VLB lot 41 4914 Masthead Court 025-1010-017659
VLB lot 42 4924 Masthead Court 025-1010-017660
VLB lot 43 5006 Masthead Court 025-1010-017661
VLB lot 44 5018 Masthead Court 025-1010-017662
VLB lot 45 5023 Masthead Court 025-1010-017663
VLB lot 46 5015 Masthead Court 025-1010-017664
VLB lot 47 5005 Masthead Court 025-1010-017665
VLB lot 48 4925 Masthead Court 025-1010-017666
VLB lot 49 4917 Masthead Court 025-1010-017667
VLB lot 50 4907 Masthead Court 025-1010-017668
6615 Leewa Drive
VLB lot 51 6629 Leewa Drive 025-1010-017669
4908 Bow Line Court
VLB lot 52 4918 Bow Line Court 025-1010-017670
VLB lot 53 4926 Bow Line Court 025-1010-017671
VLB lot 54 ; 5002 Bow Line Court 025-1010-017672
VLB lot 55 5010 Bow Line Court 025-1010-017673
VLB lot 56 5013 Bow Line Court 025-1010-017674
VLB lot 57 5003 Bow Line Court 025-1010-017675
VLB lot 58 4933 Bow Line Court 025-1010-017676
VLB lot 59 4925 Bow Line Court 025-1010-017677
VLB lot 60 4919 Bow Line Court 025-1010-017678
VLB lot 61 4909 Bow Line Court 025-1010-017679
VLB lot 62 4838 Portside Drive 025-1010-017680
VLB lot 63 4840 Portside Drive 025-1010-017681
VLB lot 64 4830 Portside Drive 025-1010-017682
VLB lot 65 4822 Portside Drive 025-1010-017683
VLB lot 66 4814 Portside Drive 025-1010-017684
VLB lot 67 4804 Portside Drive 025-1010-017685
VLB lot 68 4746 Portside Drive 025-1010-017686
VLB lot 69 4738 Portside Drive 025-1010-017687
VLB lot 70 4730 Portside Drive 025-1010-017688
VLB lot 71 4722 Portside Drive 025-1010-017689
VLB lot 72 4712 Portside Drive 025-1010-017690
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VLB lot 73 4704 Portside Drive 025-1010-017691
VLB lot 74 6641 Dockside Drive 025-1010-017692
VLB lot 75 4627 Pier Court 025-1010-017693
VLB lot 76 4619 Pier Court 025-1 01 0-01 7694
VLB lot 77 4611 Pier Court 025-1010-017695
VLB lot 78 4603 Pier Court 025-1010-017696
VLB lot 79 4604 Pier Court 025-1010-017697
VLB lot 80 4614 Pier Court 025-1010-017698
VLB lot 81 4624 Pier Court 025-1010-017699
VLB lot 82 4632 Pier Court 025-1010-0177
6626 Dockside Drive
VLB lot 83 6631 Dockside Drive 025-1010-017701
VLB lot 84 6623 Dockside Drive 025-1010-017702
VLB lot 85 6613 Dockside Drive 025-1010-017703
VLB lot 86 6605 Dockside Drive 025-1010-017704
VLB lot 87 4635 Starboard Drive 025-1010-017705
VLB lot 88 4645 Starboard Drive 025-1010-107706
VLB lot 89 4703 Starboard Drive 025-1010-017707
VLB lot 90 4711 Starboard Drive 025-1010-017708
VLB lot 91 4719 Starboard Drive 025-1010-017709
VLB lot 92 6520 Lake Crest Circle 025-1010-017710
VLB lot 93 6530 Lake Crest Circle 025-1010-017711
VLB lot 94 6539 Lake Crest Circle 025-1010-017712
VLB lot 95 6521 Lake Crest Circle 025-1010-017713
VLB lot 96 4805 Starboard Drive 025-1010-017714
VLB lot 97 4813 Starboard Drive 025-1010-017715
VLB lot 98 4821 Starboard Drive 025-1010-017716
VLB lot 99 4829 Starboard Drive 025-1010-017717
VLB lot 100 4903 Starboard Drive 025-1010-017718
VLB lot 101 6530 Leewa Drive 025-1010-017719
VLB lot 102 6604 Leewa Drive 025-1010-017720
VLB lot 103 6612 Leewa Drive 025-1010-017721
VLB lot 104 6620 Leewa Drive 025-1010-017722
VLB lot 105 6628 Leewa Drive 025-1010-017723
VLB lot 106 6634 Leewa Drive 025-1010-017724
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RESOLUTION NO. 2388
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
SOUTH BEND CENTRAL DEVELOPMENT AREA
WHEREAS, under the authority granted by Indian Code § 36-7-14, et seq. and
in furtherance of the South Bend Central Development Area Plan ("Plan"), the South
Bend Redevelopment Commission ("Commission") has determined that it is necessary to
acquire unencumbered fee simple interest in certain properties located within the area
heretofore designated as the South Bend Central Development Area (the "Area") within
the City of South Bend, Indiana (the "City"), which properties are more particularly
described at Exhibit A attached hereto and incorporated herein (the "Properties"); and
WHEREAS, on ~~~" ~ ? , 2007, the Commission adopted Resolution No.
_ -? ; ~ ~~ amending the Plan and adding the Properties to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Properties have been
• obtained in accordance with Indiana Code § 36-7-14-19(b), which provide the offering
prices described at Exhibit A (the "Offering Price"); and
WHEREAS, the Commission now desires to authorize the staff of the
Commission to provide and negotiate an offer for the Purchase of the Properties in
accordance with Indiana Code ~ 36-7-14-19, which may include the acquisition of an
option and the Commission's payment of expenses incidental to the conveyance and
determination of the title of the Properties; and
WHEREAS, the Commission finds that all procedures necessary for authorizing
and acquiring the Properties have been completed in accordance with Indiana law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that:
1. The staff of the Commission are hereby authorized and directed to cause a
purchase offer to be made in writing to the owner(s) of the Properties as described at
Exhibit A at the Offering Price in accordance with Indiana Code § 36-714-19, which
offer or process may include the acquisition of an option for the purchase price and the
payment expenses incidental to the conveyance and determination of the title of the
Properties.
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2. The Commission's attorney is hereby authorized and directed to negotiate
• and prepare documentation necessary to accomplish the acquisition of the Properties in
accordance with this Resolution and in a form acceptable to legal counsel.
3. No representations, contract, or understanding relative to the purchase of
the Properties, whether made by a Commissioner, employee, or other agent or official, is
binding against the Commission until approved and accepted by the Commission in
writing. Notwithstanding the foregoing, the Commission hereby accepts, in advance, any
purchase of the Properties pursuant to the Commission's initial purchase offer provided
consistent with the terms of this Resolution and deemed by legal counsel to be
substantially similar to a Uniform Acquisition Offer but to provide for a negotiated
purchase, which may include the acquisition of an option, the payment of expenses
incidental to the conveyance and determination of title, and to the extent applicable,
relocation assistance.
ADOPTED at the Regular Meeting of the South Bend Redevelopment
Commission held on October 19, 2007, at 1308 County-City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
C~
Signature
Marcia I. Jones, President
Panted Nnnre nn Trtle
South Bend Redevelopment Commission
ATTEST:
nn[r
Greg ry Downes, Secretary
Printed Nmne and 7Ftle
South Bend Redevelopment Commission
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EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
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Tax Key No.
Address
Owner Average
Acquisition Price
18-3017-0628
Joseph & Elaine J.
18-3017-0629 505 S. Michigan Street $101,500.00
Gendel
Foster A. & Linda L.
18-3017-0632 513 S. Michigan Street
Martin $89,000.00
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