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05-27-08 Common Council Minutes
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05-27-08 Common Council Minutes
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REGULAR MEETING MAY 27, 2008 <br /> <br /> <br />SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT “A” AS <br />DEPICTED IN THE REPLAT OF RIGHTER’S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED <br />IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; <br />THENCE ALONG THE SOUTH LINE OF SAID LOT “A”, NORTH 89 DEGREES 50 MINUTES 13 <br />SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT <br />“A”, NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE <br />POINT OF CURVATURE OF A NON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE <br />ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF <br />19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 <br />DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, <br />A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES 11 MINUTES 04 SECONDS EAST, A <br />DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE’S MAJOR <br />SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE <br />OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT <br />NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE <br />BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 <br />MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 <br />MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 <br />MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH <br />HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH <br />LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO <br />THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH <br />5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE <br />FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH <br />COUNTY, AS INSTRUMENT #0323151. <br /> <br />SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. <br /> <br />SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. <br /> <br />, <br />and this property which has Tax Key Numbers as listed in Exhibit A to this Resolution <br />be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- <br />1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; <br /> <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public <br />hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; <br />and <br /> <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance’s and objections from interested persons; and <br /> <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <br /> <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <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 /> <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 /> <br />A. The area is comprised of parcels that are either unimproved or contain only <br />one (1) or two (2) family dwellings designed for up to four (4) families, <br />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 /> 18 <br /> <br />
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