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Home My WebLink About5.A.(1) Resolution No. 2575 50UTH B ~ ~ V \\/ 0~~~ Community & Economic Development ~~-`_~'~"~aZ .1665. 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. 2575 -Acquisition Offer V/L in the 1200 block of Franklin Res. 2576 -Counter Offer V/L in the 1200 block of Franklin Date: April 03, 2009 This is the staff report for the acquisition of vacant lots that are in the 1200 block of Franklin and Lafayette Streets, south of Stull St. This property was added to the Airport Economic Development Area Acquisition List by Resolution 2456 on June 25, 2008. This approximately 2.93 acre area of vacant lots is needed for the future site of the Transpo transportation center. Upon acquisition, the property will be cleared and sold to Transpo. Resolution 2575 sets the acquisition value of the property at $80,000. The acquisition value is the average value as determined by two independent appraisals. Staff is in ongoing negotiations with this property owner, and a final price for these parcels has not been reached. Because of the Transpo timeline, staff hopes both sides can come to agreement before the Commission's meeting on Friday, April 3~d Staff requests approval of Resolution 2575 and counter offer Resolution 2576 (when agreement has been reached) and to allow for the acquisition of this property. Uzelac Memo To RC re Purch of property.doc what We Do Today Makes A Difference! Transpo Sife Properties I s~~„ s~ - I m ~~, ~~ ~~ ~ ~\~ ~_ C _ ~~ _ ~_ intliana Aye -. v - Legend i ~~ ~~ v, VL 1200 Franklin -Lafayette ] ~~ ~~ J L-J Transpo Project Site ~ RESOLUTION N0.2575 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 sey. 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 unencumbered 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 more particularly described at Exhibit A attached hereto and incorporated herein ('Property"); and WHEREAS, on June 25, 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-] 4-19(b), which provide an offering price of $80,000.00 (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 determination of the title of the Property, and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property haee 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 dii°ected 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 Acduisition Price" in Exhibit A) in accordance with Indiana Code ~ 36-7-I4-19, which offer or process ~11ay include relocation costs and the payment of expenses incidental to the conveyance and deternination 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 «~ith this Resolution and in a fon11 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 unifoi7n 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 Unifoi-~n Acquisition 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 carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held on April 17, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Primrc :Nome c~nr Til e South Bend Redevelopment Commission ATTEST: S%~ R[I t 1ll'e Prrnr~'r :A'anu~ uttc 7r~ r South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Tax Kev No. ` Address Owner Average Acquisition Price 18-8006-0292, 02920 I , 0293, 0294, 0295, 0298, 0299, 0300, 0301, V/L in the 1200 0304, 0305, 0306, block of Franklin Sara & Tom Uzelac $80,000.00 0307, 0310, 031 I, and Lafayette Streets 0312, 0313, 0316, 0317, 0318, 0319, 0323, 0324