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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: Redevelopment Commission
From: Dave Relos, Economic Development Planner
Subject: Res. 2573 -Acquisition Offer for V/L NE and adj to 411 W Indiana
Res. 2574 -Counter Offer for V/L NE and adj to 411 W Indiana
Date: April 03, 2009
This is the staff report for the acquisition of a vacant lot that is northeast and adjacent to
411 W Indiana Avenue. This property was added to the Airport Economic Development
Area Acquisition List by Resolution 2456 on June 13, 2008.
This approximately 3/4 acre vacant lot is needed for the future site of the Transpo
transportation center. This lot is almost fully covered with a concrete slab, and has an 8
foot metal fence surrounding it on two sides. It is currently being used by Waste
Management, though not owned by them. Upon acquisition, the property will be cleared
and sold to Transpo.
Staff is currently in ongoing discussions with the property owner on various details of this
purchase. Because of the Transpo timeline, it is hoped that both sides can come to an
agreement before the Commission's meeting this coming Friday.
Resolution 2573 sets the acquisition value of the property at $42,537.50. The acquisition
value is the average value as determined by two independent appraisals. The property
owner submitted a counter offer value of $50,000.00. Upon researching the value of this
property and the depreciated value of its improvements thereon, staff feels this counter offer
is a reasonable value for this property.
Staff requests approval of Resolution 2573 and counter offer Resolution 2574 and to allow
for the acquisition of this property.
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RESOLUTION NO. 2573
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, under the authority granted by Indiana Code ~ 36-7-14, et seq. and
in furtherance of the Airport Economic Development Area Plan (`Plan""), the South Bend
Redevelopment Commission ("Commission") has determined that it is necessary to
acquire unencwnbered fee simple interest in certain property located within the area
heretofore designated as the Airport Economic Development Area (the "Area") within
the City of South Bend, Indiana (the "City-"), which property is amore particularly
described at Exhibit A attached hereto and incorporated herein ("Property--); and
WHEREAS, on June 13, 2008, the Commission adopted Resolution No. 2456
amending the Plan and adding the Property 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 offering price of
$42,537.50 (the "Offerin~~ Price"); and
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 detemlination 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 Offering Price (the "Average
Acquisition Price-- in Exhibit A) 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
directed to negotiate and prepare documentation necessary to accomplish the acquisition
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 unifoi-~IZ 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
Acduisition Offer, which may include the payment of expenses incidental to the
conveyance and determination of title).
4. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Commission any documents necessary to cai-~-y out the intent of this resolution.
ADOPTED at a Regular Meeting of the South Bend Redevelopment
Commission held on April 03, 2009, at 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
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EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Tax Key No.
Address
Owner Average
Acquisition Price
18-8027-1 106 V/L northeast and Engel Ventures $42,537.50
adj to 411 W Indiana LLC