Approving the Sale of Real Estate by the Board of Works 4212 & 4224 Fellows St

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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 /�II f k C0T1PC9.ERK JOHN CHERYL A. GREF.NE ANN -CAROL NASH ANDREA L. BEACHKOFSKY LAWRENCE J. METEIVER JEFFREY L. SANPORD