HomeMy WebLinkAbout26-17 Resolution Approving and Authorizing the Purchase of Real Property Located at 2950 Lathrop Street _ e4A
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CITY OF SOUTH BEND
DEPATME \T OF PUBLIC WOR<S
June 22, 2026 Filed in Clerk's Office
Hon. Canneth Lee
President, South Bend Common Council Jun 16, 2026
3rd Floor—South Bend City Hall Bianca l irado
South Bend, IN 46601 City Clerk, South Bend, IN
Re: Resolution Requesting Approval for the Purchase of 2950 Lathrop Street
Dear President Lee:
Attached is a resolution for consideration by the South Bend Common Council("Council")
requesting authorization from Council for the Board of Public Works to pursue the acquisition of
right of way parcels at 2950 Lathrop Street, South Bend, IN, ("Property"). The Board of Works
intends to follow the statutory framework set forth under IC 36-1-10.5-5 to purchase the
Property.
The City of South Bend Department of Public Works is performing a Road Reconstruction
Project beginning at the Intersection of Bendix Drive and Voorde Drive, and continuing North to
approximately 0.1 miles north of Lathrop Road in South Bend, Indiana. The project is scheduled
to be ready for contracts on December 30,2026, subject to revision. The purpose of the project is
to improve the condition of the pavement and to improve the connectivity of pedestrian facilities,
by reconstructing Bendix Drive from 4 lanes to 3 lanes,the addition of a multi-use path and
installation of storm sewer.
I will present the resolution to Council at its upcoming meeting. As always, thank you for your
consideration.
Sincerely,
Z ".' /6/74,----------
Eric Horvath
Director of Public Works
EXCELLENCE , ACCOUNTABILITY ; INNOVATION . INCLUSION EMPOWERMENT
1316 County-City Building 227 W.Jefferson Blvd. South Bend,Indiana 46601 p 5/4.235.9251 f 574.235.9171;www.southbendin.gov
Filed in Clerk's Office
Jun 16, 2026
BILL NO. 26-17
Bianca I'irado
RESOLUTION NO. City Clerk. South Bend, IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT
2950 LATHROP ST, SOUTH BEND, INDIANA
WHEREAS, on June 23, 2026, the Board of Public Works of the City of South Bend,
Indiana (the "Board"), is expected to vote on a Resolution, attached hereto as Exhibit 1,
recommending the purchase of real estate located at 2950 Lathrop St, South Bend, Indiana (the
"Property"), which will include copies of the two requisite appraisals in accordance with Ind.
Code 36-1-10.5;
WHEREAS, pursuant to Ind. Code 36-1-10.5-5 (1), the South Bend Common Council
desires to declare and affirm its interest in the purchase of the Property and to approve the Board's
purchase of the Property in accordance with Ind. Code 36-1-10.5.
NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA,AS FOLLOWS:
Section I. The City of South Bend Common Council hereby declares and affirms its interest in
the purchase of the Property and approves and authorizes the Board,and or its designee,to secure
the purchase of the Property in accordance with LC. 36-1-10.5.
Section II. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
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Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of ,2026, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
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EXHIBIT 1.
Board of Public Works Resolution
RESOLUTION NO.22-2026
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,
INDIANA,REGARDING THE PURCHASE OF REAL PROPERTY LOCATED AT 2950
LATHROP ST.,SOUTH BEND,INDIANA
WHEREAS, the City of South Bend, Indiana, Board of Public Works(the"Board")has custody
of and may maintain all real property owned by the City of South Bend, Indiana(the"City")pursuant to
I.C. 36-9-6-3; and
WHEREAS, the City, acting by and through the Board, may purchase land or structures in
accordance with the procedure stated in I.C. 36-1-10.5;and
WHEREAS, on June 22, 2026 the South Bend Common Council approved Resolution
pursuant to I.C. 36-1-10.5-5(1), and the Board now intends to purchase the real property located at 2950
Lathrop St., South Bend,Indiana, and more particularly described in attached Exhibit A(the"Property");
and
WHEREAS, the Board has obtained two(2) appraisals of the fair market value of the Property,
attached hereto as Exhibit B, and provided copies of each to the South Bend Common Council in
accordance with I.C.36-1-10.5-5(2);and
WHEREAS, the Board believes it is in the best interest of the City and its residents to purchase
the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
1. The Board hereby appoints both Ms. Erin Michaels, employee of the Department of
Community Investment and Hannah Youngs, Right of Way agent at DLZ, as the Board's authorized
representative in pursuing the purchase of the Property and delegates all necessary authority to serve
jointly in the Board's place as purchasing agent under I.C. 36-1-10.5.
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2. The Board hereby approves and will execute simultaneously with this Resolution the form
of purchase agreement attached hereto as Exhibit C. The Board instructs its designees to deliver a signed
copy of the purchase agreement to the owner of the Property.
3. The Board acknowledges that its authority to consummate the purchase of the Property,
including the authority hereby delegated to the designees, is expressly conditioned upon South Bend
Common Council's approval of the purchase in accordance with I.C. 36-1-10.5-5(1).
4. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on
,at 215 S. Dr. Martin Luther King Jr. Boulevard Suite 300,South Bend,Indiana 46601.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Joseph R. Molnar,Vice President
Murray L.Miller,Member
Abigail E.Magas, Member
Breana N.Micou,Member
ATTEST:
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Hillary R. Horvath,Clerk
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EXHIBIT A
Description of the Property
Parcel Key No.018-2109-4060
State ID: 71-03-34-101-001.000-026
Legal Description: S Sw1/4 Nw1/4 Cont Apprx 100 Acres Sec 34-38-2e
Commonly Known as 2950 Lathrop St
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EXHIBIT B
Real Estate Appraisals
[See attached.]
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EXHIBIT C
Real Estate Purchase Agreement