HomeMy WebLinkAbout5A(1) Resolution No. 2715<�- A b)
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Community & Economic Development
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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To:
Redevelopment Commission
From:
Bill Schalliol, Economic Development Planner
Subject:
Resolution 2715 — Acquisition Counteroffer and
Administrative Settlement for 4215 S Main St
Date:
August 17, 2010
Attached is Resolution 2715 which is an acquisition counter offer resolution and an
administrative settlement related to the acquisition of property located at 4215 South Main
Street within the South Side Development Area. The subject parcel was added to the
South Side Development Area Acquisition List by Resolution No. 2337 on May 19, 2006.
On July 23rd, the Redevelopment Commission approved Resolution 2714 which set the
acquisition offering price for the property at $79,500.00. The value was determined by two
independent appraisers. The property owner has been sent notice of the offering value and
has countered at a price of $130,000.00. Based on discussions with the property owner
concerning costs to relocate a total acquisition value for this property is set at $135,000.00.
Staff submits Resolution 2715, which is a counteroffer acquisition resolution, for this
property in the amount of $130,000.00, and requests an administrative settlement at a total
value of $135,000.00, based upon the following factors.
Appraisal Value
The average appraisal value for the property is $79,500.00 with the low appraisal value was
$69,000 and the high value was $90,000. The spread of values is beyond the normal
tolerance range and the higher value is more consistent with the current tax assessed
value.
Adjacent Acquisitions
At the present time, only four houses, including this house, remain in the block area
between Metalmation Drive and Ireland Road. There are 24 total parcels in the block area
with four to acquire, four owned by the City /Commission and the remaining 16 owned by
Gates. The following table shows this proposed purchase transaction against the average
values of 18 of the 20 purchases:
What We Do Today Makes A Difference!
*Average value of purchase prices for 18 parcels
Location of Parcel
The property proposed for acquisition is within the right -of -way path for the Main - Lafayette
connector. I have attached a map relative to the location of the proposed improvements.
Summary
Staff requests approval of Resolution 2715. This is a key acquisition to allow for the future
development of the Main - Lafayette crossover infrastructure project and will help us move
forward to complete acquisitions within this project area. Staff requests approval of this
resolution.
4215 South Main
Sold Parcels
Acquisition Value
$135,000.00
$139,000.00*
Lot Square Footage
17,194.75 SF
13,657 SF
Price /Square Foot
$ 7.85/SF
$12.97/SF
*Average value of purchase prices for 18 parcels
Location of Parcel
The property proposed for acquisition is within the right -of -way path for the Main - Lafayette
connector. I have attached a map relative to the location of the proposed improvements.
Summary
Staff requests approval of Resolution 2715. This is a key acquisition to allow for the future
development of the Main - Lafayette crossover infrastructure project and will help us move
forward to complete acquisitions within this project area. Staff requests approval of this
resolution.
RESOLUTION NO. 2715
RESOLUTION APPROVING AND ACCEPTING A COUNTEROFFER
FOR THE ACQUISITION OF PROPERTY IN THE
SOUTH SIDE DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the South Side Development Area Development Plan (the "Plan"), the
South Bend Redevelopment Commission (the "Commission ") has determined that it is
necessary to acquire unencumbered fee simple interest in certain property located within
the area heretofore designated as the South Side Development Area (the "Area ") within
the City of South Bend, Indiana (the "City "), which property is more particularly
described at Exhibit A attached hereto and incorporated herein (the "Property "); and
WHEREAS, on July 23, 2010, the Commission adopted a Resolution setting the
Acquisition Offering Price and authorizing staff to present an offer to David A. Ciula, as
owners of the Property (the "Owner ") in an amount not to exceed the Acquisition
Offering Price along with the payment of expenses incidental to the conveyance and
determination of the title of the Property; and
WHEREAS, the staff has presented the Owner an offer in the amount of the
Acquisition Offering Price as authorized, which the Owner rejected; and
WHEREAS, the Owner has provided a counteroffer to the Commission for
$130,000.00, plus all moving expenses related to the acquisition; and
WHEREAS, the staff has reviewed the counteroffer and determined that the
counteroffer is reasonable in light of the appraisal amount, conditions in the area, and the
amount of announced development in the immediate area; and
WHEREAS, the Commission has completed its acquisition procedures for the
Property and sufficient funds are available for the purchase of the Property;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that:
1. The Commission hereby finds that the consideration set forth in the
Purchase Agreement is reasonable considering the circumstances and that it is in the best
interest of the citizens of the City and the South Bend Redevelopment District and
consistent with the purposes and requirements set forth in Indiana Code § 36 -7 -14 to
accept the counteroffer evidenced in the Purchase Agreement.
2. The Commission hereby approves and accepts the Purchase Agreement
and authorizes the President and the Secretary to execute and attest, respectively, the
Purchase Agreement with such changes in form or in substance as they deem to be
necessary or appropriate to complete the transfer, with such approval to be conclusively
evidenced by such execution and attestation, respectively. The President and/or
Secretary are each authorized to execute and deliver any other documentation necessary
to complete the acquisition of the Property. Legal counsel for the Commission is further
authorized to close the transaction on behalf of the Commission and execute any
incidental closing documents necessary to complete the transaction.
3. The Secretary of the Commission is instructed to place a copy of the
Purchase Agreement presented to the Commission with this Resolution in the records and
minutes of this meeting.
4. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on August 20, 2010, at 1308 County -City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Printed Name and Title
South Bend Redevelopment Commission
ATTEST:
Printed Name and Title
South Bend Redevelopment Commission
EXHIBIT A
PROPERTY DESCRIPTION AND FINAL PURCHASE PRICE
Final
Tax Key No.
Address
Owner
Purchase Price
23- 1025 -1429
4215 S Main St
David A. Ciula
$130,000.00