HomeMy WebLinkAboutNo. 3000 related to acquisition of property in the SBCDA (GMS Realty, Inc. and Gates & Gates, Inc.)RESOLUTION NO. 3000
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 November 2, 2007, the Commission adopted Resolution No.
2385 and subsequently on August 26, 2009, the Commission adopted Resolution No.
2595 amending the Plan and adding the Properties 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 initial offering
price of $895,125.00 (the "Acquisition Offering Price "); and
ce 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 Acquisition 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.
2. The Commission's agents and attorneys are hereby authorized and
ILdirected to negotiate and prepare documentation necessary to accomplish the acquisition
IL 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 Special Meeting of the South Bend Redevelopment
Commission held on January 18, 2012, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
ATTES
ignature
Nancy N. King, Secretary
Printed Name and Title
South Bend Redevelopment Commission
14
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
4aturel'4e4'
Marcia I. ones, President
Printed Name and Title
South Bend Redevelopment Commission
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EXHIBIT A
PROPERTY DESCRIPTION AND ACQUISITION OFFERING PRICE
Tax Key No.
Address
Owner
Acquisition
Offering Price
18- 3012 - 044002
403 -411 W Western
18- 3012 - 044003
Avenue
GMS Realty, Inc.
$574,000.00
18- 3012 -0435
310 -331 W Wayne
18- 3012 -0445
Street
18- 3009 -0305
18- 3009 -0306
302 -317 S Lafayette
GMS Realty, Inc.
$80,000.00
18- 3009 -0307
Boulevard
18- 3009 -0311
333 S Lafayette
GMS Realty, Inc.
$32,000.00
Boulevard
18- 3013 -0483
404 — 410 W
Gates & Gates, Inc.
$98,882.50
18- 3013 - 048301
Western Avenue
18- 3015 -0552
402 S Lafayette
GMS Realty, Inc.
$110,242.50
Boulevard
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