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k!, 5 <br />REGULAR MEETING MAY 9, 1983 <br />A public hearing was held on the resolution at this time. Warren McGill, attorney <br />representing the petitioner, indicated this was a confirmation of a declaratory resolution <br />previously passed by the Council for Whiteford, Inc. Council Member McGann made a <br />motion to combine resolution 9G on the agenda for purposes of public hearing, seconded <br />by Council Member Taylor. The motion carried. <br />RESOLUTION NO. 1054 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION <br />DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, <br />COMMONLY KNOWN AS 4600 WESTERN AVENUE TO BE AN URBAN DEVELOPMENT <br />AREA FOR PURPOSES OF REAL PROPERTY TAX ABATEMENT AND A DETERMINAT: <br />OF THE PUBLIC UTILITY AND BENEFIT OF THE PROJECT PROPOSED <br />FOR TAX ABATEMENT CONSIDERATION. <br />WHEREAS, the Common Council of the City of South bend has adopted a Declaratory <br />Resolution designating certain areas within the City as Urban Development Areas for <br />purposes of tax abatement consideration; and <br />WHEREAS, a Declaratory Resolution designating the area commonly known as 4600 <br />Western Avenue, South Bend, Indiana, and more particularly described by a line drawn <br />as follows: <br />Parcel I <br />Part of Block Lettered "C" and Block Lettered "D" and all of vacated Belleville Center <br />as shown on the recorded plat of Garden Village 3rd Unit, an addition to the City of <br />South Bend, Indiana, and also part of the Southeast 1/4 of the Northeast 1/4 of Section <br />8, Township 37 North, Range 2 East lying West and adjacent to said plat of Garden <br />Village 3rd Unit, described as follows: Beginning at the intersection of the Northerly <br />line of Western Avenue with the West line of said plat of Garden Village 3rd Unit, <br />said West line being also the East line of said Section 8; thence Easterly along said <br />Northerly line of Western Avenue, 427.38 feet to a point 125.01 feet Westerly of the <br />West line of Lombardy Drive; thence Northerly parallel with said line of Lombardy <br />Drive, 125 feet; thence East perpendicular to west line of Lombardy Drive, 125 feet <br />to the West line of Lombardy Drive; thence North along said West line of Lombardy <br />Drive, 253.57 feet, thence West perpendicular to the West line of said plat of Garden <br />Village 3rd Unit, 425.44 feet; thence North parallel with said West line of Garden <br />Village 3rd Unit, 350.07 feet to the South line of Washington Street; thence Westerly <br />along said South line of Washington Street; thence Westerly along said South line of <br />Washington Street, 13.22 feet along an arc to the right and having a radius of 1248.89 <br />feet and subtended by a long chord having a length of 13.22 feet to the point of <br />curvature of said curve; thence continuing West along said South line of Washington <br />Street, 301.69 feet; thence South parallel with and 888 feet East of the East line of <br />Summit Drive, 719.51 feet to the Northerly line of Western Avenuer, thence Easterly <br />along said Northerly line of Western Avenue, 187.92 feet, more or less, to the point <br />of beginning. Excepting therefrom: Beginning at a point on the Northerly line of <br />Western Avenue, 125.01 feet West of the Southeast corner of said Block Lettered C, <br />thence North parallel with the West line of Lombardy Drive, 125.00 feet; thence East <br />perpendicular to said West line of Lombardy Drive, 125.00 feet to the West line of <br />Lombardy Drive, 75.00 feet; thence West perpendicular to said West line of Lombardy <br />Draive, 300.00 feet; thence South parallel with the West line of Lombardy Drive, <br />197.12 feet, more or less, to the Northerly line of Western Avenue; thence Easterly <br />along said Northerly line of Western Avenue, 175.02 feet to the point of beginning. <br />Parcel II <br />A part of the Southeast 1/4 of the Northeast 1/4 of Section 8. Township 37 North, <br />Range 21 East, in the City of South Bend, Indiana, described as follows: <br />Commencing at a point on the East line of Summit Drive, 548.61 feet on an assumed <br />bearing of North 0013' West of the North line of Western Avenue, said point being the <br />Northwest corner of a tract of land as described in a deed to International Harvester <br />Co. recorded July 12, 1972 in Deed Record 755, page 448 in the Office of the St. <br />Joseph County Recorder; thence North 89053' East along the North line of said Internati <br />Harvester Co. tract 688.00 feet to the point of beginning; thence continuing North <br />89053' East, 200.00 feet to the Northeast corner of a tract of land as described in a <br />deed to Ford Leasing Development Company recorded February 1, 1974, in Deed Record <br />781, page.474 in said St. Joseph County Recorder's Office, said Northeast corner <br />being also on the West line of a tract of land as described in a deed to Ronald W. <br />and Florence Whiteford recorded December 5, 1978 in document numbered 7826605 in said <br />St. Joseph County Recorder's Office; thence North 0013' West along the West line of <br />said Whiteford tract, 150.00 feet to the South line of Washington Street, 200.00 <br />feet; thence South 0013' East, 150.00 feet to the point of beginning. <br />is an Urban Development Area; and <br />WHEREAS, the Area Plan Commission has submitted to the Council its written order <br />approving for the Declaratory Resolution to the Council; and <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing <br />before the Council having been published pursuant to Indiana Code Section 36- 7- 14 -17; <br />and <br />WHEREAS, the Council held a public hearing for purposes of hearing persons in <br />favor of the proposed project and those remonstrators who were opposed to the proposed <br />project; and <br />