HomeMy WebLinkAboutNo. 2125 adopting certain findings related to the disposition of property located at 3950 William Richardson Ct.•
Resolution No. 2125
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ADOPTING CERTAIN FINDINGS RELATED TO THE DISPOSITION OF PROPERTY
LOCATED AT 3950 WILLIAM RICHARDSON COURT
(Toll Road Industrial Park, Lot 2A)
WHEREAS, the South Bend Redevelopment Commission ("Commission") is the
governing body of the City of South Bend Department of Redevelopment and pursuant to I.C.
36-7-14-11 has the duty to promote the use of land in a manner that best serves the interests of
the City of South Bend and its inhabitants; and
WHEREAS, the Commission is the owner of certain real property located at 3950
William Richardson Court ("Property") within the Toll Road Industrial Park of the Airport
Economic Development Area ("Area"), said Property being more particularly described at
Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Commission intends to dispose of the Property in order to facilitate
economic development of the Area and has heretofore offered the Property for sale without
success through the public bidding process prescribed by I.C. 36-7-14; and
WHEREAS, the Property in its existing condition will require substantial site preparation
including, but not limited to, clearing, and substantial fill and site grading in order to create a site
that it suitable for development; and
WHEREAS, it is estimated that the cost to the Commission to complete said site
preparation will be significant and that without such site preparation the value of the Property in
its existing state is significantly reduced; and
WHEREAS, the Commission believes that in its current condition, the Property cannot
accommodate a development project of a size or quality that is consistent with the Development
Plan for the Area; and
WHEREAS, Majority Builders, Inc. ("Developer") is currently involved in a retail
development project abutting the Property and Developer is removing certain fill from said retail
project which could be utilized on the Property at a considerable savings to the Commission; and
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WHEREAS, Developer has proposed purchasing the Property for the purpose of
completing site preparation incidental to the adjacent retail development project and, upon
completing site remediation and preparation, to sell the Property as a development site for use
that is consistent with the Development Plan for the Area; and
WHEREAS, the Commission believes that the conveyance of the Property to Developer
for the purpose of site remediation that includes the clearing, filling and grading of the Property
will ensure that the Property is made viable in the future for use as a development site.
THE COMMISSION NOW FINDS THAT:
1. The Property described at Exhibit A is not suitable for use as a development site
in its existing state without significant site remediation including, but not limited to
clearing, filling and grading of the Property.
2, The Commission has heretofore tried to sell the Property for development without
success.
3. Remediation of the Property to improve its existing state will require the
Commission to make a significant financial investment in the Property.
4. The value of the Property without site remediation is significantly reduced.
5. Even assuming the that Property could be developed in its existing state, the
Commission believes that such development could not be accomplished such that it
would be of the size and quality that is consistent with the Development Plan for the
Airport Economic Development Area.
6. The proposal of Majority Builders, Inc. to (i) utilize the Property in order to
complete a retail development project abutting the Property and (ii) concurrent with that
project to utilize certain materials from the retail project as fill and grade the Property
will result in an improvement to the Property that is consistent with the Commission's
Development Plan for the Area.
7. Sale of the Property to Majority Builders, Inc. as provided herein will further the
execution of the Development Plan for the Area and will best serve the interests of the
community, from the standpoint of both human and economic welfare.
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NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. In accordance with the terms and conditions expressed in this Resolution and as
proposed by Majority Builders, Inc. at a public meeting held on January 21, 2005, the
Commission hereby agrees to sell the Property to Majority Builders, Inc.
2. Legal counsel is hereby directed and authorized to prepare the necessary
documentation affecting the sale of the Property to Majority Builders, Inc.
3. The Commission hereby authorizes the President or Vice President of the
Commission to execute and the Vice President or Secretary to attest any and all documents
relating and necessary to effectuate the transaction described herein upon advice of legal counsel.
4. This Resolution shall be in full force and effect after its adoption by the South
Bend Redevelopment Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on January
21, 2005 at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana
46601.
SOUTH BEND REDEVELOPMENT COMMISSION
ATTEST:
'Robert W. Hunt, Secretary
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