HomeMy WebLinkAboutNo. 0657 accepting a counteroffer for sale of real property in the Rum Village Industrial Park and authorizing a contract of sale (Homer W. Fitterling)r
RESOLUTION NO. 657
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING A COUNTEROFFER FOR SALE OF REAL PROPERTY IN THE
RUM VILLAGE INDUSTRIAL PARK AND AUTHORIZING A CONTRACT OF SALE.
WHEREAS, the South Bend Redevelopment Commission has
offered to purchase the property described in Attachment A from the
fee title owner of record, Homer W. Fitterling, for $175,500.00; and
WHEREAS, the Redevelopment Department has received on March
11, 1982, a letter rejecting said offer but containing a counteroffer
to sell that property for a purchase price of $466,960.00, subject to
an existing option to purchase granted to New Energy Corporation and
subject to execution of mutually acceptable contract of sale; and
WHEREAS, the purchase and resale for redevelopment purposes
of the real property described in Attachment A is central to the
carrying out of the activities described in the redevelopment plan
for the Rum Village Industrial Park; and
WHEREAS, the Redevelopment Commission has reasonable
assurances of its ability to resell that property for redevelopment
purposes at a price equal to or greater than the amount listed in the
counteroffer; and
WHEREAS, the Redevelopment Commission finds that such
purchase and resale would be in the best interest of the City of
South Bend and would conform to the redevelopment plan already
adopted by the Commission;
THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission that the counteroffer of a purchase price of $466,960.00
made by Homer W. Fitterling for sale to the Redevelopment Commission
for the real property described in Attachment A be accepted subject
to an existing option to purchase granted to New Energy Corporation
and subject to execution of mutually acceptable contract of sale; and
that the contract of sale be executed by the President and Secretary
of the Redevelopment Commission upon the development of mutually
acceptable terms, among which shall include the ability of the
Redevelopment Commission to reconvey to Homer W. Fitterling the real
property described in Attachment A in the event that the Commission
is unable to sell the property for redevelopment purposes on or
before October 31, 1982.
CITY OF SOUTH BEND
DEPARTMENT OF REDEVELOPMENT
ATTEST:
E D ALD ON, SECRETARY
4, w
ATTACHMENT "A"
PROJECT: RUM VILLAGE INDUSTRIAL PARK
PARCEL NUMBERS:_ 16 -18, 16 -22 and 16 -24
SELLER: HOMER W. FITTERLING
A tract of land in the North Half of the South Half of Section 16, Township 37
North, Range 2 East, of the Second Principal Meridian, Portage Township, St.
Joseph County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of said Section 16; thence North 000 30' 23"
Ilest, 1319.90 feet along the East line of said Section 16 to the Point of
Beginning of this description; thence North 900 00' 00" West, (assumed bearing)
3222.01 feet to the Easterly right -of -way line of the New Jersey, Indiana &
Illinois Railroad; thence North 220 18' 50" East along said Easterly right -of-
way line, 866.17 feet to a point of curvature; thence continuing said Easterly
right -of -way line, northeasterly 128.97 feet along an arc to the right and
having a radius of 714.45 feet and subtended by a long chord having a bearing
of North 270 29' 06.5" East and a length of 128.79 feet to the South line of a
tract of land owned by the New Jersey, Indiana & Illinois Railroad, as recorded
in the office of the St. Joseph County, Indiana, Recorder in Deed Record 164,
Page 140 and Deed Record 193, Page 191, thence North 890 46' 03" East along said
South line 2825.54 feet to the East line of said Section 16; thence South 000
30' 23" East along said East line, 927.07 feet to the Point of Beginning. Con-
taining 64.04 acres, more or less; and being subject to an easement in favor of
the Indiana & Michigan Electric Company as defined in condemnation proceedings
of the February, 1954 term of St. Joseph Superior Court No. 1, Cause No. 95364
(Indiana & Michigan Electric Company Easement 19- 1591).
A tract of land in the North Half of the Southwest Quarter of Section 16,
Township 37 North, Range 2 East of the Second Principal Meridian, Portage
Township, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southeast corner of said Section 16; thence North 000 30' 23"
I -lest 1319.90 feet along the East line of said Section 16; thence North 900 00' 00"
West, (assumed bearing), 3323.76 feet; thence North 000 27' 09" West, 15.18 feet
to the Point of Beginninq of this description, thence continuing North 000 27' 09"
West, 1160.17 feet to a point on a curve; thence along the Easterly right -of -way
line of Conrail, northeasterly 240.32 feet along an arc to the right, having
a radius of 3860:33 feet and subtended by a long chord having a bearing of
- North 540 39' 03" East and a length of 240.28 feet to the East -West Quarter line
of said Section 16; thence along said East -West Quarter line North 890 46' 03"
East, 346.95 feet to the Westerly right -of -way line of the New Jersey, Indiana
& Illinois Railroad; thence along said right -of -way line South 220 18' 50" L -Jest,
1405.83 feet to the Point of Beginning, containing 7.806 acres, more or less.
A tract of land in the North Half of the Southwest Quarter of Section 16, Town-
ship 37 North, Range 2 East of the Second Principal Meridian, Portage Township,
St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of said Section 16, thence North 000 30' 23"
West, 1319.90 feet; thence North 900 00' 00" West, (assumed bearing) 3323.76
feet; thence North 000 27' 09" West, 1299.18 feet to the Point of Beginning of
this description; thence continuing North 000 27' 09" West, 14.40 feet to the
East -West Quarter line of said Section 16; thence along said Quarter line,
North 890 46' 03" East, 20.13 feet to a,point on a curve; thence along the
Westerly right -of -way line of Conrail, southwesterly along an arc to the
left, 24.70 feet and having a radius of 3968.33 feet and subtended by a long
chord having a bearing of South 540 07' 02" West and a length of 24.70 feet to
the Point of Beginning. Containing 0.003 acres, more or less.