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Home My WebLink About6.B.(1) Resolution No. 2578 :~~- Spl TI{ B • ~ E 1i~; /~o-. r Community & Economic Development ~ ~~~~~a~~ ~ 'k •.A 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021 To: Redevelopment Commission From: David Relos, Economic Development Planner Subject: Res. No. 2578 -Acquisition Offer for 1122 Grace St Res. No. 2579 -Counter Offer for 1122 Grace St Date: April 17, 2009 This is the staff report for the acquisition of 1122 Grace Street in the Oliver Industrial Park Acquisition Area. This property was added to the Airport Economic Development Area Acquisition List by Resolution No. 2455 on June 13, 2008. This two story residence is located in a pocket area that is surrounded on three sides by the Oliver Industrial Park. To allow for the expansion of the park and to remove non- conforming land uses, the residents were approached about selling their properties through a "friendly" acquisition process. Upon acquisition, the property will be cleared and will be used to allow for the expansion of the retention pond that is north of the property. Resolution No. 2578 sets the acquisition value of the property at $27,500.00. The acquisition value is the average value as determined by two independent appraisals. The property owner submitted a counter offer value of $31,376.50. Upon researching the improvements the property owner has done to this property, and because no relocation assistance is associated with this transaction, this counter offer is a reasonable value for this property. Staff requests approval of Resolution No. 2578 and counter offer Resolution No. 2579 to allow for the acquisition of this property. What We Do Today Makes A Difference! Oliver Industrial Park Acquisitions (blue outlined =acquired) Y ~ NORTH ~. RESOLUTION N0.2578 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 13, 2008, the Commission adopted Resolution No. 2455 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 $27,500.00 (the "Offering 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 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 uniforn 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 Acquisition Offer, which may include the pa}nnent 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 cai7•y 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 Prin[rc .1~~unc~ ruu Ti! ~~ ATTEST: South Bend Redevelopment Commission ~~~~~ Priit[e~ :1 inns unc 7~i[ r South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price 18-3059-2323 1122 Grace Street Paul Fujawa $27,500.00