HomeMy WebLinkAboutNo. 2815 related to acquisition of property in the South Bend CDA (1st Source Bank, 122 Niles Ave., formerly Troegger Sheet Metal)RESOLUTION NO. 2815
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
SOUTH BEND CENTRAL DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the South Bend Central Development Area Plan ( "Plan "), the South
Bend Redevelopment Commission ( "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 Bend Central 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 ( "Property "); and
WHEREAS, on April 9, 2010, the Commission adopted Resolution No. 2666
amending the Plan and adding the Property to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Property have been obtained
in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of
$404,500.00 (the "Offering Price "); and
WHEREAS, the Property Owner has indicated that it will accept an offer to
purchase the Property for the price of $400,000.00 (the "Agreed Offering Price ") which
is lower than the value determined by the two independent appraisers; and
WHEREAS, the Commission now desires to authorize its authorized agents,
hired for such purposes, or the staff of the Commission to provide and negotiate an offer
for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which
may include relocation costs and the Commission's payment of expenses incidental to the
conveyance and determination of the title of the Property; and
WHEREAS, the Commission finds that all procedures necessary for
authorizing and acquiring the Property have been completed in accordance with Indiana
law;
NOW, THEREFORE, BE IT RESOLVED by the South Bend
Redevelopment Commission that:
1. Authorized agents of the Commission and 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 Property as described at Exhibit A at the Agreed Offering Price in
accordance with Indiana Code § 36- 7- 14-19, which offer or process may include
relocation costs and the payment of expenses incidental to the conveyance and
determination of the title of the Property.
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2. The Commission's agents and attorneys are hereby authorized and
directed to negotiate and prepare documentation necessary to accomplish the acquisition
of the Property in accordance with this Resolution and in a form acceptable to legal
counsel.
3. The Commission hereby ratifies any actions of its staff or legal counsel
previously taken consistent with the authority provided in Section 1 or 2 hereof.
Notwithstanding the foregoing, no representations, contract or understanding relative to
the purchase of the Property, 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. The Commission hereby accepts, in advance, any purchase of
the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1-
5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform
Acquisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
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 3, 2010, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
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CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
4i4gnalure
Marcia I. Jones President
Printed Name an it e
ATTEST:
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Signature
Nancy N. King, Secretary
Printed Name and lide
South Bend Redevelopment Commission
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South Bend Redevelopment Commission
L, EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Parcel #
Address
Owner
Agreed
Offering Price
18 -5010 -0285
18 -5010 -0286
18 -5010 -0287
122 Niles Avenue,
I" Source Bank,
18 -5010 -0288
Formerly known as
Successor in interest to:
$400,000.00
18 -5010 -0290
Troegger Sheet
First National Bank of
18 -5010 -0291
Metal
Valparaiso
18 -5010 -0292
18 -5010 -0293
LEGAL DESCRIPTION OF PROPERTY
Lots Numbered One Hundred Fifty -eight (158), One Hundred Fifty -nine (159), One
Hundred Sixty (160), One Hundred Sixty -one (161), One Hundred Sixty -two (162), and
AWN One Hundred Sixty -three (163), all as shown on the recorded Plat of Samuel L. Cottrell's
Addition to the Town of Lowell, now within and a part of the City of South Bend,
together with the North Half of the vacated alley lying South of and adjacent to said Lot
Numbered 160 on said addition and together with the South half of vacated alley lying
North of and adjacent to said Lot Numbered 161 in said addition.
A