HomeMy WebLinkAboutNo. 1576 related to acquisition of property in the SEDA by eminent domain (James E. & Ruth Hamilton)RESOLUTION NO. 1576
RESOLUTION RELATED TO ACQUISITION OF PROPERTY IN THE
SAMPLE -EWING DEVELOPMENT AREA BY EMINENT DOMAIN.
WHEREAS, it is deemed necessary by the South Bend Redevelopment
Commission, in furtherance of the Sample -Ewing Development Area Development
Plan, to acquire unencumbered fee title to the real estate identified on attachment "A" in
the Sample -Ewing Development Area in the City of South Bend, Indiana.
NOW, THEREFORE, BE IT RESOLVED, by the South Bend Redevelopment
Commission, as follows:
1. The Executive Director is authorized and directed to cause a notice and
final offer in writing to be made to the owner(s) identified on Attachment
"A" at the respective concurred -on price, which final offer shall include an
invitation to discuss the acquisition of owner's property with the
Department of Redevelopment within thirty (30) days from mailing and
notification that eminent domain proceedings will be instituted immediately
after said thirty (30) day period if agreement is not reached on the
purchase price.
2. In the event an agreement cannot be reached on the purchase price of
the property within thirty (30) days after notice of final offer, the
Commission hereby determines that it is necessary to proceed to acquire
the above - described parcels of real estate under the power of eminent
domain in order to carry out the Sample -Ewing Development Area
Development Plan and that the use for which the real estate is to be
acquired is for the public benefit.
3. The Commission's attorney is authorized and directed to file a complaint,
after the thirty (30) day period described herein, in the name of the City of
South Bend, Indiana, on behalf of the Department of Redevelopment in
the appropriate court of St. Joseph County, Indiana, in order that
appraisers be appointed to establish the value of said real estate, and all
other necessary and proper actions be taken to accomplish the taking by
eminent domain pursuant to law.
Adopted at the Regularly Scheduled Meeting of the South Bend Redevelopment
Commission held on February 6, 1998, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND
DEPARTM FREDEVELOPMENT
By:
Robert W. Hunt, President
ATTEST:
Paula N. Auburn, Secretary
H:\ home \pmatchet \wpdata \resolute \res 1488
11
Tax Key No.
18- 3042 - 1607,18- 3042 -1608,
18- 3042 - 1609,18- 3042 -1610
ATTACHMENT "A"
RESOLUTION NO. 1576
Owner
Hamilton, James E. and Ruth
H:\ Home \pmatchet \wpdata \resolute \res 1488
Amount
$66,800.00 and
the right of first
refusal to
purchase the
property
described at
xhibit B.
subject to`'ie
Redevelopment Cann
approving the terms
of the sale)
Exhibit "B"
Disposition ParCel +77
Indiana Land Ti tl e
SURVEY OPDEPED BY: DEPARTMENT OF ECONOMIC DEVcLOPMENT
SURVEY DATED: Au ust 24, 1992
PPOJECT NO.: 8820 0, Di sposi ti on Parcel !l7
W
W
L�
1(�
Y/
Z_rr
�..1
7Y
L
Q
LL
Survey
SAMPLE STREET
S.89'42'25' F 165 7W IRFr ,rc n•i
N
Parcel "A"
r -- _........0.9234 Ac......:...
0
T
Y
J / /
J
V
....... . .. . . . ..1.�.... . ......... I
I /— P.0.8. Southwest Corner of Lot 0 75
w
J
I
N
LS
W
0
N
N
w
0
N
O�
0
1
U
J
CD
D
CL
R/ W Line
L.1 L-L
14' PUBLIC N.89'49'56'W. 165.60' IREC. 165.01 ALLEY
c
3
To: DEPARTMENT 0. ECONOMIC DEVELOPMENT
I. H. Douglas Peirce, am a
Indiana and HEREBY CERTIFY:
described and delineated: That
survey: That a Field Error of
That Irons were located or set
are NO ENCROACHMENTS other tha
----------------------------
H. Douglas Peirce L. S.
Indiana Reg. • S 0218
Peirce
Land Surveyors C Professional Engineers
3231 Sugar Maple Ct.. SDUVi Bend.
Indiana 46628 219/234 -4003
— -
Registered Land Surveyor In the State of
That 1 have surveyed the Lands hereon
!his plat Is a true representation of said
Closure was no greater than I In 20.000:
at all points marked thus 'o': Thai there
I as shown.
& Associates, I nc.
N
1.
V
I
SCALE 1' :50'
O =IRON SET
1/ 2
1 n i a n a
Exhibit "B" (page two)
Land Title. Survey
SURVEY ORDERED BY: DEPARTMENT OF ECONOMIC DEVELOPMENT
SURVEY DATED: August 24, 1992
PPOJECT NO.: &3209.0, Disposition Parcel #7
LEGAL DESCRIPTION PARCEL "A"
That Part of the Northeast Quarter of Section 14 and the Northwest Quarter of
Section 13, both in Township 37 North, Range 2 East, Portage Township, City of
South Bend, St. Joseph County, Indiana which is described as: Lots 75, 76, 77
and the south 43.5 ft. of Lot 78 as shown on the recorded Plat of " South Bend
City ", as platted by Samuel Morrison , now within and a part of the City of
South Bend, in St. Joseph County, Indiana in the records of the St. Joseph
County, Indiana Recorder's Office and being more particularly described as:
Beginning at the Southwest Corner of Lot 75 as shown on the recorded Plat of "
South Bend City ", as platted by Samuel Morrison , now within and a part of the
City of South Bend, in St. Joseph County, Indiana in the records of the St.
Joseph County, Indiana Recorder's Office; thence td. 00 - 21' -31" W. along the
east right -of -way line. of Franklin Street, 242.96 ft. (Record, 241.5 ft.) to
the south right -of -way line of Sam le Street; thence N. 89 - 42' -25" E. along
said right -of -way line, 165.76 ft. FRecord, 165.0 ft.) to the east line of saad
Lot 78 and the west right -of -way line of a 14 ft. public alley, thence S. 00 -
19' -20" E. along said right -of -way line, 242.60 ft. (Record, 241.5 ft.) to the
south line of said Lot 75 and the north right -of -way line of a 14 ft. public
alley; thence N. 890- 49' -56" W. along the south line of said Lot and right-of-
way line, 165.60 ft. (Record, 165.0 ft.) to the Point of Beginning.
Containing 0.9234 Acres or 40,224 Square feet.
Subject to all Legal Highways, Easements and Restrictions of Record.
Peirce & Associates, /nc.
Pk Land Survevors 6 Professional Engineers
3231 Sugar, loan I e C �. gnu to Bend,
`
Indiana 4662E 21.91,, . -:003
-1/-
2v
L};111171 L