Confirming Tax Abatement - Emerson Forest, LLC Southeast corner of West Ewing Ave, Praiirie Ave and Locust Rd (5 Year Real Property)

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RESOLUTION NO. JU 19 7 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTHEAST CORNER OF WEST EWING AVENUE, PRAIRIE AVENUE AND LOCUST ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR EMERSON FOREST, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the Southeast corner of West Ewing Avenue, Prairie Avenue and Locust Road, South Bend, Indiana and which are more particularly described as follows: A PARCEL OF LAND BEING PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, SAINT JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 89 °- 35',35" EAST (BEARING ASSUMED) ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1303.09 FEET; THENCE SOUTH 00- 16'- 29" EAST ALONG THE WEST RIGHT -OF -WAY LINE OF GRANT STREET; A DISTANCE OF 179.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 0 °- 16'- 29" EAST LONG SAID RIGHT -OF -WAY A DISTANCE OF 27.00 FEET; THENCE NORTH 890- 35'- 35" EAST TO THE EAST LINE OF WEST HALF OF SAID QUARTER SECTION; A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 °- 16'-29" EAST ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 2405.46 FEET; THENCE S. 880- 34'- 19" WEST ALONG SAID SOUTH LINE TO A POINT BEING 152.9 FEET EAST OF THE WEST LINE OF SAID QUARTER SECTION; A DISTANCE OF 1193.09 FEET; THENCE NORTH 0°- 00'-12" EAST PARALLEL WITH THE WEST LINE OF SAID QUARTER TO THE SOUTHEAST CORNER OF ELMER BOOCHER MINOR SUBDIVISION AS RECORDED (INSTRUMENT NUMBER 8627026), A DISTANCE OF 1160.66 FEET; THENCE NORTH 0°- 00'-48" WEST ALONG THE EAST LINE OF SAID MINOR SUBDIVISION TO THE SOUTH LINE OF PEAKS -1ST ADDITION, A DISTANCE OF 1018.02 FEET; THENCE NORTH 61'- 29'- 37" EAST ALONG THE SOUTH LINE OF PEAKS 1ST ADDITION, A DISTANCE OF 584.00 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89 °- 35'- 35" EAST A DISTANCE OF 638.00 FEET TO THE POINT OF BEGINNING. (CONTAINING 68.8 ACRES MORE OR LESS). SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OR RECORD. as a Residentially Distressed Area; 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; and WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the