09-26-11 Council Agenda & Packet

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RESOLUTION N0. 62-2011 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING TIME INITIATION OF A PROCESS PURSUANT TO I.C. 36-1-I1-4.2 TO SELL CERTAIN REAL PROPERTY OWNED BY THE CITY AND LOCATED AT 717 E. LaSALLE AVENUE, SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain and dispose of all real property owned by the City of South Bend, Indiana(the "City")pursuant to I.C. 36-9-6-3; and WHEREAS, the City of South Bend, Indiana ("City") is the owner of certain real estate located at 717 East LaSalle Avenue, South Bend, Saint Joseph County Indiana, which is more particularly described in Exhibit "A"attached hereto and incorporated herein; and WHEREAS, the City has the power and authority, pursuant to the Indiana Home Rule Act, I.C. 36-1-3, to exercise all powers necessary or desirable in the conduct of its affairs, and further pursuant to I.C. 36-1-4-5 and I.C. 36-1-4-6 to acquire, use, improve, develop, maintain and dispose of interests in property; and WHEREAS, I.C. 36-1-11-4.2 provides for sale or transfer of real property by the City, not acquired through eminent domain procedures, to promote an economic development project or to facilitate compatible land use planning; and WHEREAS, the Board of Public Works ("Board") of the City wishes to sell the property described in Exhibit "A"for the following purposes: (a) to promote an economic development project consisting of the constructiou of Saint Joseph's High School and related athletic facilities, consisting of a 35 million dollar set of buildings and facilities on a vacant parcel consisting of over twenty one acres in the City of South Bend, and (b) to facilitate compatible land use planning in that the land described in Exhibit "A" should be used in a compatible manner with the sm-rounding parcels of land, all of which have been dedicated to use as athletic fields;