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RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST. <br />JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821. <br />SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD. <br />and these lots which have individual tax key. numbers as shown in the table above, and <br />excepting Outlot A included in the above legal description, be designated as a <br />Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., <br />and South Bend Municipal Code Sections 2-76 et seq., and; <br />WHEREAS, the Department of Community and Economic Development has <br />concluded an investigation and prepared a report with information sufficient for the <br />Common Council to determine that the area qualifies. as a Residentially Distressed Area <br />under Indiana Code 6-1.1-12.1, et se ., and South Bend Municipal Code Sections 2-76, et <br />seg., and has further prepared maps and plats showing the boundaries and such other <br />information regarding the area in question as required by law; and <br />WHEREAS, the Community and Economic Development Committee of the <br />Common Council has reviewed said report and recommended to the Common Council <br />that the area qualifies as a Residentially Distressed Area. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br />SECTION, I. The Common. Council hereby determines and finds that the petition for real <br />property tax abatement and the Statement of Benefits form meet the requirements of <br />Indiana Code 6-1.1-12.1 et seq., for tax abatement. <br />SECTION II. The Common Council hereby determines and finds that the area meets one <br />of the following conditions as formally established in Ordinance No. 9394-03, which was <br />passed on February 10, 2003: <br />A. The area is comprised of parcels that are either unimproved or contain <br />only one (1) or two (2) family dwellings designed for up to four (4) <br />families, including accessory buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br />i. the subject of an order issued under IC 36-7-9; or <br />ii. evidencing significant building deficiencies; or <br />C. Parcels of property in the area: <br />i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; <br />or <br />ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area are not permanently <br />occupied or a significant number of parcels in the area are vacant land; or <br />E. A significant number of dwelling units within the area are: <br />i. the subject of an order issued under IC 36-7-9; or <br />ii. evidencing significant building def ciencies; or <br />