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REGULAR MEETING NOVEMBER 24, 2008
<br />
<br />
<br />
<br />COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS
<br />FOLLOWS:
<br />
<br />LOTS NUMBERED 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 61, 62, 64, 65, 69, 70, 71,
<br />74, 75, 78, 80, 81, 84, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, & 99, AS SHOWN ON THE
<br />RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 3, RECORDED
<br />OCTOBER 17, 2003 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
<br />COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0367824.
<br />
<br />LOTS NUMBERED OUTLOT A, 100, 101, 102, 106, 108, 110, 111 & 112, AS
<br />SHOWN ON THE RECORDED PLAT OF ROYAL OAK ESTATES, SECTION 2,
<br />RECORDED JANUARY 22, 2003 IN THE OFFICE OF THE RECORDER OF ST.
<br />JOSEPH COUNTY, INDIANA, UNDER INSTRUMENT NUMBER 0303821.
<br />
<br />SUBJECT TO EASEMENT, COVENANTS AND RESTRICTION OF RECORD.
<br />
<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 />
<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 />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 /> ii. evidencing significant building deficiencies; or
<br />F. The area has experienced a net loss in the number of dwelling units, as
<br />documented by census information, local building and demolition permits,
<br />or certificates of occupancy, or the areas are owned by Indiana or the United
<br />States; or
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