08-12-13 CommonCouncil Meeting Minutes

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REGULAR MEETING AUGUST 12, 2013 ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, , A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH COUNTY , A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. 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 remonstrance’s 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 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 8