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RESOLUTION NO. 812 -80 <br />A RESOLUTION CONFIRMING THE ADOPTION OF A <br />DECLARATORY RESOLUTION DESIGNATING CERTAIN <br />AREAS WITHIN THE CITY COMMONLY KNOWN AS A <br />PARCEL OF LAND IN THE SOUTHWESTERN PORTION <br />OF THE CITY OF SOUTH BEND, TO BE AN URBAN <br />DEVELOPMENT AREA FOR PURPOSES OF REAL PROPERTY <br />TAX ABATEMENT AND A DETERMINATION OF THE PUBLIC <br />UTILITY AND BENEFIT OF THE PROJECT PROPOSED <br />FOR TAX ABATEMENT CONSIDERATION <br />WHEREAS, the Common Council of the City of South Bend has adopted a <br />Declaratory Resolution designating certain areas within the City <br />commonly known as a parcel of land in the Southwestern portion of the <br />City of South Bend, as Urban Development Areas for purposes of tax <br />abatement consideration; and <br />WHEREAS, a Declaratory Resolution designating the area described <br />as follows: <br />A parcel of property in St. Joseph County, Indiana, Section <br />16, Township 37 North, Range 2 East including the east <br />one -half of the northeast one - quarter of the southwest <br />one - quarter of Section 16 and the north one -half of the <br />southeast one - quarter of Section 16, <br />EXCEPTING therefrom a certain tract of land described as <br />beginning at the northeast corner of the southwest quarter of <br />said Section 16; thence south 33 feet, thence west 16 feet; <br />thence south parallel with the east line of said Section 16 <br />367 feet, thence west parallel with the centerline of said <br />Section 16, to the east line of the right -of -way of the New <br />Jersey, Indiana and Illinois Railroad Company as the same has <br />been and is now located; thence northeasterly along the <br />easterly line of said right -of -way to the east and west <br />centerline of said Section 16; thence along said centerline <br />of said Section 16 to the east line thereof and the place of <br />beginning containing 27.017 acres, more or less, and conveyed <br />to the New Jersey, Indiana and Illinois Railroad Company by <br />deeds recorded respectively in Deed Record 164, Page 140 <br />and Deed Record 193, Page 191, of the records of St. Joseph <br />County, Indiana; <br />AND ALSO EXCEPTING therefrom the right -of -way of the New <br />Jersey, Indiana and Illinois Railroad Company and the Penn <br />Central Railroad, now known as Conrail. <br />Subject to all legal highways, the total parcel containing <br />70 acres, more or less. <br />is an Urban Development Area; and <br />WHEREAS, the Area Plan Commission has submitted to the Council its <br />written order approving for the Declaratory Resolution to the Council; and <br />WHEREAS, notice of the adoption of a Declaratory rtResolution and <br />the public hearing before the Council having been published pursuant <br />to Indiana Code 18- 7 -7 -14; and <br />WHEREAS, the Council held a public hearing for the purposes <br />of hearing persons in favor of the proposed project and those <br />remonstrators who were opposed to the proposed project; and <br />WHEREAS, the Council has determined the public utility and benefit <br />of the project. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City <br />of South Bend, Indiana, as follows: <br />