HomeMy WebLinkAboutNo. 2889 related to acquisition of property in the WWCDA (Shareholders of NJS, Inc., 109-111 N. Taylor St.)RESOLUTION NO. 2889
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
WEST WASHINGTON CHAPIN DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and
in furtherance of the West Washington Chapin 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 West Washington Chapin 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 March 22, 2011, the Commission adopted Resolution No. 2852
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
$57,500.00 (the "Offering Price "); 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 Offering Price (the "Average
Acquisition Price" in Exhibit A) 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.
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. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a Regular
Commission held on June 14, 2011, at
Boulevard, South Bend, Indiana 46601.
Signature
David A. Varner, Vice President
Printed Name and Ttle
Meeting of the South Bend Redevelopment
1308 County -City Building, 227 West Jefferson
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
f
ignature Ll
Marcia I. Jones, President
Printed Name and it e
South Bend Redevelopment Commission
X
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Tax Key No.
Address
Owner
Average
Acquisition Price
The Shareholders of
109 — 111 N Taylor
NJS, Inc. at the time
$57,500.00
18- 1024 - 105601
St
it was
Administratively
Dissolved