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HomeMy WebLinkAboutNo. 2507 related to acquisition of property in the Airport Economic Development Area (911 Marietta St.)RESOLUTION N0.2507 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 [ndiana Code § 36-7-14, et sey. and in furtherance of the Airport Economic Development Area Plan (`Plan"), the South Bend Redevelopment Commission ('Co~mnission") has determined that it is necessary to acquire unencumbered fee simple interest in certain properties located within the area heretofore designated as the Airport Economic Development Area (the "Area") within the City of South Bend, Indiana (the "City''), which properties are more particularly described at Exhibit A attached hereto and incorporated herein (the ``Properties''); and WHEREAS, on July 7, 2001, the Commission adopted Resolution No. 1839 amending the Plan and adding the Properties to the former Sample-Ewing Development Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Properties were obtained in 2001 in accordance with Indiana Code ~ 36-7-14-19(b), which provide the offering prices described at Exhibit A (the "Offering Price"'); and WHEREAS, the Properties are now listed for sale at the amount of Eleven Thousand Nine Hundred and no/100 Dollars ($11.900.00) (the "Sale Price'') due to the poor condition of the structure located on the Properties; and WHEREAS, the Commission now desires to authorize the staff of the Commission to provide and negotiate an offer for the Purchase of the Properties in accordance with Indiana Code § 36-7-14-19, which may include the acquisition of an option and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Properties; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Properties have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: I . 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 Properties as described at Exhibit A at the Sale Price, which is less than the Average Acquisition Price in accordance with Indiana Code ~ 36-7-14-19, which offer or process may include the acquisition of an option for the purchase price and the payment of expenses incidental to the conveyance and determination of the title of the Properties. • 2. The Commission's attorney is hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Properties in accordance with this Resolution and in a form acceptable to legal counsel. 3. No representations, contract or understanding relative to the purchase of the Properties, 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. Notwithstanding the foregoing, the Commission hereby accepts, in advance, any purchase of the Properties pursuant to the Commission"s initial purchase offer provided consistent with the terms of this Resolution and deemed by legal counsel to be substantially similar to a Unifoitin Acquisition Offer but to provide for a negotiated purchase, which may include the acquisition of an option, the payment of expenses incidental to the conveyance and determination of title, and to the extent applicable, relocation assistance. • 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 Conunission held on October 3, 2008, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. Y ~ v Pi~ink'c :fume ant 7i! e ATTEST: ~Rl ~~ Gre or S. Downes S cretar South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ~;~r,~~,«~~~~~ Marcia I. Jones, President Prinrc'c ~'unrr unr ~rI e South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price 18-7018-0748 $47,840.00` 911 Marietta Mendora Trotter 18-7018-0748.01 (?001 Appraisals) * The Property (91 1 Marietta) is currently listed for sale at the amount of Eleven Thousand Nine Hundred and no/100 Dollars 011,900.00) due to the poor condition of the structure located on the Property. •