HomeMy WebLinkAboutNo. 2544 related to acquisition of property in the AEDA (Burton, 1515 S. Franklin)t
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A RESOLUTION OF 7
RELATED
RESOLUTION NO. 2544
SOUTH BEND REDEVELOPMENT COMMISSION
ACQUISITION OF PROPERTY IN THE
ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq.
and in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South
Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to
acquire unencumbered fee simple interest in certain properties located within the area
heretofore designated as the Airport Economic Development Area (the "Area ") within
the City of South Bend, Indiana (the "City "), which properties are more particularly
described at Exhibit A attached hereto and incorporated herein (the "Properties "); and
WHEREAS, on June 25, 2008, the Commission adopted Resolution No. 2456
amending the Plan and adding the Properties to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Properties have been
obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide the offering
prices described at Exhibit A (the "Offering Price "); and
WHEREAS, the Commission now desires to authorize the staff of the
Commission to provide and negotiate an offer for the Purchase of the Properties in
accordance with Indiana Code § 36 -7- 14-19, which may include the acquisition of an
option and the Commission's payment of expenses incidental to the conveyance and
determination of the title of the Properties; and
WHEREAS, the Commission finds that all procedures necessary for authorizing
and acquiring the Properties have been completed in accordance with Indiana law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that:
1. The staff of the Commission are hereby authorized and directed to cause a
purchase offer to be made in writing to the owner(s) of the Properties as described at
Exhibit A at the Offering Price (the "Average Acquisition Price" in Exhibit A) in
accordance with Indiana Code § 36- 7- 14-19, which offer or process may include the
acquisition of an option for the purchase price and the payment of expenses incidental to
the conveyance and determination of the title of the Properties.
2. The Commission's attorney is hereby authorized and directed to negotiate
and prepare documentation necessary to accomplish the acquisition of the Properties in
accordance with this Resolution and in a form acceptable to legal counsel. .
3. No representations, contract or understanding relative to the purchase of
the Properties, whether made by a Commissioner, employee or other agent or official, is
binding against the Commission until approved and accepted by the Commission in
writing. Notwithstanding the foregoing, the Commission hereby accepts, in advance, any
purchase of the Properties pursuant to the Commission's initial purchase offer provided
consistent with the terms of this Resolution and deemed by legal counsel to be
substantially similar to a Uniform Acquisition Offer but to provide for a negotiated
purchase, which may include the acquisition of an option, the payment of expenses
incidental to the conveyance and determination of title, and to the extent applicable,
relocation assistance.
4. Don Inks or Jeff Gibney is 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 December 19, 2008, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
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ATTEST:
ignatur
Nancy N. King, Secretary
Printed Name and Title
South Bend Redevelopment Commission
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CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Marcia I. Jones President
Printed Name ana Tit e
South Bend Redevelopment Commission
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EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
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Average
Tax Key No.
Address
Owner
Acquisition
Acquisition
List
Price
18- 8027 - 110402
1515 S. Franklin
Burton Investments, LLC
2456
$690,300.00
18- 8027 - 110401
1515 S. Franklin
Barry & Ilene Burton
2456
18- 8027 -1107
1519 S. Franklin
Barry & Ilene Burton
2456
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