HomeMy WebLinkAboutPurchase Agreement - Acquisition of Parcels at 300 E. Monroe St. - WSJM INC.
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
June 28, 2022
Mr. Bill Gamble
WSJM INC.
PO Box 960
South Bend, IN 46624
bgamble@midwestfamilysouthbend.com
RE: Purchase Agreement
Dear Mr. Gamble:
At its June 28, 2022 meeting, the Board of Public Works approved the above
referenced agreement for the City to purchase parcels at 300 E. Block of Monroe St. for future
development of Monroe Park Neighborhood in the amount of $29,000.
Enclosed please find a copy of the agreement for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
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PURCHASE AGREEMENT
THIS AGREEMENT, entered into this ____ day of ____________, 2022, by and between,
WSJM INC, an Indiana corporation with an address of P.O. Box 960, South Bend, IN 46624,
hereinafter referred to as the “Seller,” and the City of South Bend, acting by and through its Board
of Public Works (“Board”), a municipal corporation of the State of Indiana, hereinafter referred to
as the “City.”
WITNESSETH:
WHEREAS, IC 32-24-1 establishes the procedures for the acquisition of property for
certain public purposes by the City; and
WHEREAS, the Board is empowered to carry out the provisions of said statute; and
WHEREAS, the City has determined that the acquisition of 316 Monroe Street, 502 Carroll
Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll
Street, South Bend IN 46601 (“Property”) is in the best interest of the City for future projects; and
WHEREAS, consistent with the statutory requirements of IC 32-24-1, the Board conducted
two (2) appraisals of the Property and submitted an offer in the amount of Twenty-Nine Thousand
Dollars ($29,000.00); and
WHEREAS, the Seller accepted the Board’s offer; and
NOW, THEREFORE, it is agreed by and between the parties hereto, and for and in
consideration of the promises and the mutual covenants herein contained, as follows:
1.The City agrees to buy the Property located in St. Joseph County, Indiana, as set forth more
particularly below, for the sum of $29,000.00 (“Purchase Price”):
Parcel Number: 71-08-12-329-004.000-026
Tax ID: 018-3027-0974
Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH,
NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH
OF THE NORTH END OF LOT NUMBERED SEVEN (7) AS SHOWN ON
THE RECORDED PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF A
PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND FELLOW'S
ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA,
TOGETHER WITH THE WEST HALF OF THE VACATED ALLEY LYING
EAST AND ADJACENT TO SAID PARCEL OF LAND.
Commonly Known As: 316 E MONROE SOUTH BEND IN 46601
21st June
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Parcel Number: 71-08-12-329-001.000-026
Tax ID: 018-3027-0968
Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S
ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, DESCRIBED
AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT
NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET;
THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF
BEGINNING, IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As: 502 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-002.000-026
Tax ID: 018-3027-0969
Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON
CARROLL STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS
FOLLOWS: BEGINNING AT A POINT 36 FEET NORTH OF THE
SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN
ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION
TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE
EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE OF
LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S
SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE
EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE
OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF
SOUTH CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN
ST. JOSEPH COUNTY, INDIANA, TOGETHER WITH THE WEST HALF OF
THE VACATED ALLEY LYING EAST AND ADJACENT TO SAID PARCEL
OF LAND.
Commonly Known As: 510 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-003.000-026
Tax ID: 018-3027-0970
Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE
RUNNING AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED
NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON
AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH
BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MONROE
STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF
LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID
LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE
OF CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36
FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED
19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36 FEET
TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA,
3
TOGETHER WITH THE ---···--WEST HALF . OF THE VACATED ALLEY
LYING EAST AND ADJACENT TO SAID PARCEL OF LAND.
Commonly Known As: 512 CARROLL SOUTH BEND IN 46601
Parcel Numbers:
71-08-12-329-006.000-026
71-08-12-329-007.000-026
71-08-12-329-008.000-026
Tax IDs:
018-3027-0971
018-3027-0972
018-3027-0973
Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY
(20) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND
FELLOW’S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, IN
ST. JOSEPH COUNTY, INDIANA.
Commonly Known As:
514 CARROLL SOUTH BEND IN 46601
516 CARROLL SOUTH BEND IN 46601
524 CARROLL SOUTH BEND IN 46601
2. The City and the Seller acknowledge and agree that the vacated 10-foot wide alley
lying adjacent to Lot 8 in George R. Hudson’s Subdivision is being retained by the Seller and not
being sold.
3. The City agrees to pay the Purchase Price to Seller and to pay all closing and title
commitment costs at the time of closing, which shall occur no later than sixty (60) days from the
date of this Agreement.
4. Seller represents and warrants to the City that Seller owns fee simple title to the
Property and is fully empowered to sell the Property to the City under the terms and conditions
stated in this Agreement. Additionally, Seller represents and warrants that it has disclosed to the
City any notifications from any local, state, or federal authority regarding environmental matters
pertaining to the Property.
5. Seller agrees to remove any and all liens which may exist on the Property at or prior
to closing, including prorated real estate taxes up to the date of closing. Further, as of the date of
this Agreement, Seller shall not take any action or allow any action to be taken by others to cause
the Property to become subject to any new interests, liens, restrictions, easements, covenants,
reservations, or other matters affecting Seller’s title.
6. As of the date hereof, Seller shall leave the Property in secure and stable condition
and shall not store or allow the storage of hazardous materials on or at the Property.
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7.The parties acknowledge that neither the City nor Seller are represented by any
broker in connection with the transaction contemplated in this Agreement. The parties agree to
indemnify and hold one another harmless from any claim for commissions in connection with the
transaction contemplated in this Agreement.
8.This Agreement embodies the entire agreement between Seller and the City and
supersedes all prior discussions, understandings, or agreements between the parties concerning the
transaction contemplated in this Agreement, whether written or oral.
9.The undersigned parties each hereby represent and warrant that they have been duly
authorized to enter into this Agreement on behalf of the respective organization for which they
sign.
10.This Agreement may be separately executed in counterparts by Buyer and Seller,
and the same, when taken together, will be regarded as one original Agreement. Facsimile
signatures will be regarded as original signatures.
11.This Agreement shall be interpreted and enforced according to the laws of the State
of Indiana. Any action to enforce the terms or conditions of this Agreement or otherwise
concerning a dispute under this Agreement will be commenced in the courts of St. Joseph County,
Indiana.
12.Any notice required or permitted to be delivered hereunder shall be deemed to be
delivered when deposited in the United States Postal Service, postage prepaid, registered or
certified mail, return receipt requested, addressed to the City or the Provider, as the case may be,
at the address set forth below.
Seller:
WSJM INC
P.O. Box 960
South Bend, IN 46624
Attn: William Gamble
Buyer:
City of South Bend
227 W. Jefferson Boulevard, Suite 1400S
South Bend, IN 46601
Attn: Joseph Molnar, Property Development Manager
Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of
the _______ day of ___________________ 2022.
WSJM INC, SELLER
Signature:
Name:
Title:
Date:
William Gamble
General Manager
6/21/2022June 28, 2022
28th June
AUDITOR’S RECORD
TRANSFER NO.__________
TAXING UNIT___________
DATE __________________
KEY NOS. 018-3027-0974
018-3027-0968 018-3027-0969
018-3027-0970 018-3027-0971
018-3027-0972 018-3027-0973
WARRANTY DEED
THIS INDENTURE WITNESSETH, that WSJM INC, an Indiana corporation with an address of
P.O. Box 960, South Bend, IN 46624 (the “Grantor”)
CONVEYS AND WARRANTS to the City of South Bend, acting by and through its Board of
Public Works, with an address at 227 W. Jefferson South Bend IN 46601 Suite 1300(the
“Grantee”),
for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the real estate located in St. Joseph
County, Indiana and more particularly described on Exhibit A (the “Property”).
The Grantor hereby conveys the Property to the Grantee free and clear of all leases or licenses;
subject to real property taxes and assessments; subject to all easements, covenants, conditions,
restrictions, and other matters of record; subject to rights of way for roads and such matters as
would be disclosed by an accurate survey and inspection of the Property.
Each of the undersigned persons executing this deed on behalf of the Grantor represents and
certifies that s/he is a duly authorized representative of the Grantor and has been fully empowered,
by proper action of the governing body of the Grantor, to execute and deliver this deed, that the
Grantor has full corporate capacity to convey the real estate described herein, and that all necessary
action for the making of such conveyance has been taken and done.
GRANTOR:
WSJM, INC
______________________________
Bill Gamble, General Manager
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State, personally
appeared Bill Gamble, known to me to be the General Manager, of WSJM, INC and acknowledged
the execution of the foregoing Special Warranty Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal on the _____ day of June, 2022.
____________________________________
Notary Public
Resident of St. Joseph County, Indiana
Commission expires:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required
by law. Danielle Campbell Weiss.
This instrument was prepared by Danielle Campbell Weiss, Assistant City Attorney, County-City Building, 227 W Jefferson Blvd., Ste. 1200S,
South Bend, IN 46601.
EXHIBIT A
Description of Property
Parcel Number: 71-08-12-329-004.000-026
Tax ID: 018-3027-0974
Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND
SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF
LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R.
HUDSON'S SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN
DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH
BEND, INDIANA, TOGETHER WITH THE WEST HALF OF THE VACATED ALLEY
LYING EAST AND ADJACENT TO SAID PARCEL OF LAND.
Commonly Known As: 316 E MONROE SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-001.000-026
Tax ID: 018-3027-0968
Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE
RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW
CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER
OF SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET;
THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN
ST. JOSEPH COUNTY, INDIANA.
Commonly Known As: 502 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-002.000-026
Tax ID: 018-3027-0969
Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL
STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING
AT A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED
NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND
FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE
RUNNING DUE EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE
OF LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S
SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE EAST LINE OF
SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE OF SOUTH CARROLL
STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH CARROLL STREET, 33 FEET
TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA, TOGETHER
WITH THE WEST HALF OF THE VACATED ALLEY LYING EAST AND ADJACENT TO
SAID PARCEL OF LAND.
Commonly Known As: 510 CARROLL SOUTH BEND IN 46601
Parcel Number: 71-08-12-329-003.000-026
Tax ID: 018-3027-0970
Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS
SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO
THE TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE
SOUTH LINE OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST
CORNER OF LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID
LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE OF
CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36 FEET NORTH
OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH ON
THE EAST LINE OF CARROLL STREET 36 FEET TO THE PLACE OF BEGINNING IN ST.
JOSEPH COUNTY, INDIANA, TOGETHER WITH THE ---···--WEST HALF . OF THE
VACATED ALLEY LYING EAST AND ADJACENT TO SAID PARCEL OF LAND.
Commonly Known As: 512 CARROLL SOUTH BEND IN 46601
Parcel Numbers:
71-08-12-329-006.000-026
71-08-12-329-007.000-026
71-08-12-329-008.000-026
Tax IDs:
018-3027-0971
018-3027-0972
018-3027-0973
Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN
ON THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE
TOWN, NOW CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA.
Commonly Known As:
514 CARROLL SOUTH BEND IN 46601
516 CARROLL SOUTH BEND IN 46601
524 CARROLL SOUTH BEND IN 46601
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 06/17/2022
Name Joseph Molnar Department DCI
BPW Date 06/28/2022 Phone Extension 6022
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Sandra Kennedy
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Purchase Property Ease./Encroach
Required Information
Company or Vendor Name Redevelopment Commission of South Bend
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Purchase 300 E Block of Monroe
Project Number
Funding Source Acquisition Funds
Account No.
Amount $29,000
Terms of Contract
Purpose/Description The City is interested in acquiring the 300 E Block of Monroe Street for
future development of the Monroe Park neighborhood. The neighborhood
will have an upcoming neighborhood planning process, the acquisition of
these lots will be beneficial for the planning process and desired outcomes.
For Change Orders Only
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