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HomeMy WebLinkAboutCommon Council Expressing its Interest in Purchasing the Property Located at the Southeast Quadrant of Adams Rd & US 31 By-PassAttest RESOLUTION NO. 2543 -98 Passed by the Common Council of the City of South Bend, Indiana, January 26, Clerk Attest: �C) . President of Common Council. Presented by me to the Mayor of the City of South Bend, January 27, 19 98 Approved and signed by me Tawlar-Y 28 _ 1998_. Clerk Mayor RESOLUTION NO. �25 L' 3 _ l g A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF ADAMS ROAD AND THE US 31 BY -PASS WHEREAS, it is deemed necessary and desirable by the South Bend Department of Water Works to acquire four (4) acres of real property, located at the Southeast quadrant of Adams Road and the US 31 By -Pass in South Bend, Indiana, which real property, owned by Waggoner Dairy Farm, Inc., is particularly described as: That part of the Northwest quarter of the Northwest quarter of Section 17 of the Northeast quarter of the Northeast quarter of Section 18, all in Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana which is described as: Beginning at a Point on the East line of said Section 18 (West line of said Section 17) which is S. 000- 37' -27" E., 164.21 ft from a "P.K." nail marking the Northeast corner of said Section 18 (Northwest corner of Section 17); thence N. 850- 50' -55" E. along the Southerly line of a Right -of- Way line described in Exception "b" of Warranty Deed recorded in Book 810 of Deeds on Page 548 in the records of said county, 72.20 ft.; thence S. 170 -10'- 00" W., 462.84 ft.; thence S. 890- 40' -51" W., 410.83 ft; thence N. 170- 10' -00" E. along the Easterly Right - of -Way of U.S. #31 Bypass, 373.50 ft. to an existing concrete right -of -way marker; thence N. 470- 30' -21" E., 89.61 ft. to an existing concrete right -of -way marker; thence N. 850- 50' -55" E. along the Southerly Right -of- Way line of a Service Drive as described in Exception "b" of a Warranty Deed recorded in Book 810 of Deeds on Page 548 in the records of said county, 299.68 ft. to the Point of Beginning. Containing 4.00 Acres. ( "Real Property "); and WHEREAS, the Department of Water Works needs the Real Property for the location of an elevated water storage tank for the Northwest Pressure Zone. Currently, there is neither water storage nor axillary power available in the area, so that if the area residents experienced a loss of power, Water Works would not be able to supply water to the area's residents. The elevated water storage tank would help meet both fire flow and daily water demands. This pressure zone serves Blackthorn Corporate Park, several residential zones and Airport Industrial Park; and WHEREAS, the Director of South Bend Water Works has retained Tank Industry Consultants, Inc. to design and construct an elevated water storage tank on the Real Property; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, declared it necessary for the protection of the public health and welfare of the inhabitants of the South Bend Water Works district and the safeguarding of the property within the district that the construction of an elevated water storage tank be completed and that the City of South Bend, Indiana, for the use and benefit of its Water Works, and acting by and through its Board of Water Works Commissioners, construct such an elevated water storage tank; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, declared it to be of public utility and benefit to complete the construction of an elevated water storage tank on the property; and WHEREAS, the Board of Water Works Commissioners will adopt the plans, specifications, details, descriptions and estimates relating to the construction of an elevated water storage tank; and WHEREAS, the Board of Water Works Commissioners for the City of South Bend, Indiana, under Indiana Code 8- 1.5- 4- 15(c), held a public hearing on December 16, 1997, at 3:30 p.m., at 1308 County -City Building, South Bend, Indiana 46601, at which time the Board of Water Works Commissioners for the City of South Bend, Indiana, heard no remonstrances from persons interested in or affected by the Board's approval of the construction of an elevated water storage tank on the Real Property. WHEREAS, the Appraisal Group, Inc. valued the Real Property at $40,000.00, and Greg Barkley, appraiser, valued the property at $38,000.00; and WHEREAS, an offer to purchase real estate must not exceed the average of two appraisals. WHEREAS, the Department of Water Works wishes to offer $9,500.00 /acre, for a total of $38,000.00 to Waggoner Dairy Farm, Inc. for the Real Property; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: I. The Director of the Department of Water Works is authorized and directed to cause a notice and written offer in the amount of $38,000.00 to be made to the owners of Real Property described herein. II. The purchasing agent shall give a copy of both appraisals to the Common Council. PRESENTED 1-26_6/0 Member, South Bend Common Council NOT APPROVED ADOPTED / — ,2(y- qW 209 N. MAIN STREET SUITE 207 SOUTH BEND, INDIANA 46601 -1200 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR SOUTH BEND WATER WORKS JOHN F. STANCATI DIRECTOR January 12, 1998 Mr. Sean Coleman, President Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Dear Mr. Coleman: PHONE 219 /235 -9322 FAX 219/235 -9728 TDD 219/235 -5567 We ask that the City Council approve the purchase of four acres of land located southeast of Adams Road and U. S. 31 by -pass. The land will be used to erect an elevated tank for storage and to equalize the pressure in that zone. These four acres will get us as close to our distribution system without violating FAA air space. The purchase of this property ends a three year search. Attachment Sincerely, John F. S a ati Director Red in clark's office JAN 2 t 1998 CITY CLERK, 00. a I;D. ; ?d.