The URL can be used to link to this page

Home My WebLink About10110-11 Transfer a portionof Voorde Park to Hoosier Tank and Manufacturing, Inc. ORDINANCE No . 10110-�� Passed by the Common Council of the City of South Bend, Indiaiza August 8, 20 11 Attest: C:l•"t�._� Ci Clerk ry HN VOORDE , Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 9, 20 11 City Clerk J N VO RDE Approved and signed by me !�-ti� �� 20 � �� .� � M ORDINANCE NO.�� _ � AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK AND MANUFACTURING,INC. STATEMENT OF PURPOSE AND INTENT The City of South Bend desires to preserve adequate park land for its citizens, but also wishes to encourage economic development. To accomplish both purposes, the City believes it would be beneficial to transfer the western portion of Voorde Park to Hoosier Tank and Manufacturing, Inc. The acquisition of a larger parcel of property on the east side of Voorde Park will allow the City to transfer this property and yet maintain a larger Voorde Park than previously existed. In order to accomplish this, the Board of Park Commissioners of the City of South Bend duly advertised and published on June 24, 2011 and July 1, 2011, in accordance with I.C. 5-3-1, a Notice to Bidders for the property described as: Key No. 18-2184-693820 Lot 1 Voorde Park Minor Addition One bid was received, and it was from Hoosier Tank, Inc., in the amount of$60,300.00, which is 90% of the appraised value of the described property. The Park Board approved the sale. The Common Council under I.C. 36-10-4-18 has the final authority to transfer park land. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. A portion of Voorde Park known as Lot 1 of Voorde Park Minor Addition is transferred to Hoosier Tank and Manufacturing, Inc., for its own use. Section II. Pursuant to I.C. 36-10-4-18 the proceeds from the sale of Lot 1 Voorde Park Minor addition shall be credited to the Park Department and the proceeds shall be expended for the improvement of the remaining park land or purchase of other land for park purposes. Section III. The mayor of South Bend shall execute a deed effectuating transfer of the subject realty from the City to Hoosier Tank and Manufacturing, Inc., upon receipt of sale proceeds. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the C'� day of �LL�� , 2 6 L\ , at ��'� o'clock � . m. �� City Cl k , �� - Approved and signed by me on the � day of wv�— , 2 0/1 , at /Z :�j�'o'clock�. m. � . �.� ��____ Mayor, ity o th Bend, Indiana Fil�d in �lerfc's Offic� � 1sr READING �—�� - �" � �� PUBLIC HEARI�G �-�'�t` — '3 rd READWG �� NOT APPROVED � '� C� CITY CLERiC,�SOU7N��Ip.!'�? 'i ....�,� REFERRED PASSED �'.-�—(' TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 45-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK AND MANUFACTURING, INC. Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the RARCS Committee. Timothy Rouse Chairperson, Committee of the Whol� o``s��'�1��8�'�'0 1400CAUNTY-CITYBUTLDING �� j a PxoNE574/235-9241 ZZ�I W.JEFFF.RSON BOULEVARD W\��EACF��'i r� Fnx 574/235-7670 SOUTH BEND>IrrDrnrrn 46601-1830 "�+Y �T- � �dZ' r�- a • l865 CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DEROSE C1'I'YATTORNEY CHIEF ASSISTANl'CTTYATTORNEY July 19, 2011 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance Authorizing the Sale of a Portion of Voorde Park Dear President Dieter: At its July 18, 2011 meeting, the Board of Park Commissioners authorized the sale of Lot 1 Voorde Park Minor Addition to the highest qualified bidder, Hoosier Tank and Manufacturing, Inc., for $60,300.00. This was done pursuant to published notice and in accordance with Indiana Statutes. Pursuant to I.C. 36-10-4-18, the South Bend Common Council has the final say on the transfer of this property. Because of nearly simultaneous transactions, the size of Voorde Park, even after this sale will be larger than it was prior to this year. Bill Schalliol will make the presentation at the appropriate committee meeting and the regular meeting. Very truly yours, /.._----"` =�� ✓ Thomas L. Bodnar Assistant City Attorney � TLB/cw �1�� `�'� ��°°; �Ill! R'� Zn1i �.-..e..,...�,,,.,.� c�ryct��i;'t��M��a •� !�p� THOMAS L. BODNAR CHERYL A. GREF.NE ANN-CAROL NASH �� / ANDREA L.BEACHKOFSKY LAWRENCE J.MF.TENER JEFFREY L.SANFORD JOHN E.BRODEN � V M�MORANDUM OF UNDERSTANDING WHEREAS, the Board of Park Commissioners of the Civil City of South Bend (Hereinafter referred to as Parks) is authorized under I.C. 36-10-4 to administer park property for the City of South Bend; and WHEREAS, the Board of Park Commissioners is authorized to acquire and dispose of real and personal property under I.C. 36-10-4-9(c)(S); and WHEREAS, Northwest Little League, Inc. and Indiana District 11 Little League, Inc., (Hereinafter collectively refened to as District 11) is the owner of certain real estate commonly known as 3401 Keller Street, South Bend, Indiana and more particularly described as: A portion of the Southeast Quarter of Section 33, Township 38 North, Range 2 East, and a part of the City of South Bend, St. Joseph County, Indiana, more . particularly described as follo�vs: Commencing at the Northeast corner of the Southeast Quarter of said Section 33; thence South 00° 07' 29" West along and with the East line of said Quarter Section a distance of 890.52 feet; thence North 89° 40' 09" West, a distance of 40.00 feet to an iron on the West line of Bendix Drive and the South line of Voorde Drive; thence continuing North 89° 40' 09" West on and along said North line of Voorde Drive a distance of 491.02 feet to the place of beginning; thence South 00° 19' S1" West a distance of 407.84 feet to a point on the North line of Keller Street; thence North 89° 23' 45" West on and along said North line of Keller Street a distance of 350.58 feet; thence North 00° 19' S1" East a distance of 406.17 feet to a point on the South line of Voorde Drive; thence South 89° 40' 09" East on and along said South line of Voorde Drive a distance of 350.58 feet to the place of begiruling. WHEREAS, District 11 no longer needs the property at 3401 Keller Street, South.Bend, Indiana (Hereinafter referred to as 3401 Keller) for its purposes; and WHEREAS, for more than five years District 11 has been in contact with Parks to find a suitable location for its Challenger Program to enable boys and girls with physical and mental disabilities ages 5 through 18 to enjoy the game of baseball based upon their abilities. WHEREFORE the parties agree as follows: 1. District 11 shall lease 3401 Keller to Parks for a period of ten (10) years for One Dollar ($1.00) per year within thirty (30) days from the signing of this Memorandum. 2. Parks will use its best efforts to acquire a suitable site consisting of at least 1.8 acres for District 11 to use for its Challen�er Program. Should such a site (hereinafter referred to as Challenger Site) be acquired, Parks will allow District 11 to use it for a fee set at a public meeting by the Board of Park Commissioners. Such fee shall not be greater than necessary to T cover all costs Parks incurs in operating the Challenger Site. District 11 shall have first choice of dates at the Challenger Site each year. 3. Parks shall have the right to renew the Lease for an additional ten (10) years upon six (6) months advance written notice to District 11. 4. , Parties are aware that there are tax liens by the State of Indiana against 3401 Keller and will cooperate to reduce or extinguish those liens. 5. Parks shall have the exclusive right at both 3401 Keller and the Challenger Site to operate all concession stands, 6. Parks shall be responsible for all maintenance of both 3401 Keller and the Challenger Site. 7. In further consideration, District 11 relinquishes any rights it may have to the Lease attached hereto as Exhibit "A", which was executed while the parties were making prior attempts to locate the Challenger Site. Dated this day of . , 201 l. DISTRICT 11 LITTLE LEAGUE, INC. BOARD OF PARK COMMISSIONERS By: By: President, District 11 Little League, Inc. President, Board of Park Commissioners