HomeMy WebLinkAboutApproving the Sale of Real Estate by the Board of Works 4212 & 4224 Fellows StRESOLUTION
4275 -13
Passed by the Common Council of the City of South Bend, Indiana
August 12, 13
20
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
.August 13, 20 13
of Common Council
Approved and signed by me �r�G'v 5 / 20 /3.
City Clerk
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROVING
THE SALE OF REAL ESTATE BY THE BOARD OF WORKS
WHEREAS, On July 9, 2013, the South Bend Board of Public Works approved
Resolution No. 41 -2013, a copy of which is attached hereto and incorporated herein as Exhibit 1,
which Resolution authorizes the sale of real estate located at 4212 Fellows Street and 4224
Fellows Street, South Bend, St. Joseph County, Indiana; and
WHEREAS, under I.C. 36- 1- 11 -4.2, such real estate can be sold by the Board of
Public Works following a public hearing and favorable recommendation of the Board of Public
Works, as appointee of the City Executive; and
WHEREAS, each of the properties referred to herein was acquired pursuant to
negotiations with the prior owner(s) as part of the Fellows Street Project and not through the
exercise of eminent domain; and
WHEREAS, each of the properties should be disposed of pursuant to IC 36 -1 -11-
4.2 in order to facilitate compatible land use planning;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend, Indiana, as follows:
SECTION I. The Board of Public Work's sale of real estate located at 4212 Fellows
Street, South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 5 in Parkside Terrace
recorded March 4, 1981, as Instrument
Recorder of St. Joseph County, Indiana;
Minor Subdivision as per plat thereof
Number 8103327, in the Office of the
is approved at a price of not less than the appraised value and in accordance with the provisions
of Indiana Code Section 36- 1- 11 -4.2 and pursuant to Board of Public Works Resolution No. 41-
2013 dated July 9, 2013.
SECTION II. The Board of Public Work's sale of real estate located at 4224 Fellows
Street, South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
is approved at a price of not less than the appraised value and in accordance with the provisions
of Indiana Code Section 36- 1- 11 -4.2 and pursuant to Board of Public Works Resolution No. 41-
2013 dated July 9, 2013.
SECTION III. In its sale of the subject real estate, the Board of Public Works shall
comply fully with the terms and conditions of Indiana Code Section 36- 1- 11 -4.2.
SECTION IV. This Resolution shall be effective from and after its passage by the
Common Council.
PASSED AND ADOPTED by the Common Council of the City of South Bend,
Indiana, this 12th day of August, 2013.
COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA
By:
Member of the Common Council
Not PPR®VE
Filed In Clerk'
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TO THE COMMON COUNCIL OF THE CITY n= SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -53 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING THE
SALE OF REAL ESTATE BY THE BOARD OF WORKS
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Public Works and Property Vacation Committee.
Karen L. White
Chairperson, Committee of the Whole
Exhibit 1
(South Bend Board of Public Works Resolution No. 41 -2013)
RESOLUTION NO. 41 -2013
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
RECOMMENDING THE DISPOSITION OF REAL PROPERTIES
LOCATED AT 4212 FELLOWS STREET AND 4224 FELLOWS STREET,
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 is the owner of certain real estate located at 4212 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 5 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana; and
WHEREAS, the City is the owner of certain real estate located at 4224 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as.Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
(collectively referred to as the "Properties'); and
WHEREAS, each of the Properties has an appraised value in excess of Fifty Thousand
Dollars ($50,000.00); and
WHEREAS, I.C. 36- 1 -11 -3 requires the approval of the executive of the political
subdivision, i.e., the Mayor of the City of South Bend and further for every sale of real property
having an appraised value of Fifty Thousand Dollars or more, the approval of the fiscal body of
the unit, i.e., the Common Council of the City of South Bend; and
WHEREAS, I.C. 36- 1 -11 -3 requires the executive to conduct a public hearing after
giving notice under I.C. 5 -3 -1 and to designate a board or commission of the municipality to give
notice; conduct the hearing and notify the executive of its recommendation; and
WHEREAS, the Board has given notice of a public hearing by publication on June 21,
2013 and June 28, 2013, and has conducted a public hearing concerning the proposed disposition
of the Properties, and has considered the comments made at such hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND as follows:
1. The Board hereby recommends to the Mayor that the disposition of the Properties
be approved and that this matter be submitted to the South Bend Common Council for final
approval of the disposition of the Properties.
2. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on July 9, 2013, at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601.
Attest:
1Martin, CIe c
CITY OF SOUTH BEND, INDIANA
BY ITS BOARD OF-PUBLIC WORKS
Gary Gilot, President
avid Relos, Member
Kathryn Roos, Member
Mark Neal, Member
AicMl Mec am, Member
Red In Clerkl!q offjce.
i
AUQ .yN1
JOHN BEND, CTY C iN
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF LAW
PHONE 574/235 -9241
FAx 574/235 -7670
CRISTAL C. BRISCO ALADEAN M. DEROSE
CORPORATION COUNSEL. CITY ATTORNEY
August 5, 2013
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Re: Resolution to Approve Sale of Real Estate Under IC Section 36- 1- 11 -4.2
Dear President Dieter:
Attached is a Resolution approving the sale of the real estate located at 4212 Fellows
Street and at 4224 Fellows Street. Pursuant to I.C. 36 -1 -11, sale of this real estate must be
approved by the Mayor and by the Common Council. The Mayor appointed the Board of Public
Works to hold a public hearing on this matter. On July 9, 2013, the South Bend Board of Public
Works conducted a public hearing concerning the sale of these two properties. Following the
public hearing, the Board approved its Resolution No. 41 -2013 recommending the sale pursuant
to Indiana Code Section 36- 1- 11 -4.2. The Mayor adopted that recommendation and has
approved the sale of this real estate. Upon approval by the Common Council, the property will
be sold for no less than the appraised value of the property.
These two properties were acquired as a result of negotiations with the owners of these
properties in settlement of claims asserted by the owners alleging reliance upon the City's
indication that these properties would be acquired as part of a public works project.
Thank you for consideration of this Resolution. I will present this Resolution to the
Common Council and will be available to answer any questions you may have.
Sincerely,
Aladean DeRose
City Attorney
In
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C0T1PC9.ERK
JOHN
CHERYL A. GREF.NE ANN -CAROL NASH
ANDREA L. BEACHKOFSKY LAWRENCE J. METEIVER JEFFREY L. SANPORD