Confirming Tax Abatement - Various Stewart Dr., Vawter Circle, Lutz Drive , Lafayetter Falls - Kendall-Weiss, LLP

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minutes 00 seconds east; thence the next two courses along the south right-of--way line of potter point drive: (1) southeasterly along said curve, a distance of 70.93 feet; (2) thence south 89 degrees 53 minutes 51 seconds east, a distance of 161.11 feet to the point of beginning; said described tract containing 14.397 acres, more or less; excluding therefrom proposed lots 209 through 211 within the proposed plat of Lafayette Falls, Phase III, Section Two, yielding a net acreage of 13.362 acres, more or less. Subject to easements, covenants, and restrictions of record. and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., 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. 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 seq., 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 3