HomeMy WebLinkAboutNo. 2462 related to acquisition of property in the South Bend Central Development Area (323 S William)RESOLUTION NO. 2462
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A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
RELATED TO ACQUISITION OF PROPERTY IN THE
SOUTH BEND CENTRAL DEVELOPMENT AREA
WHEREAS, under the authority granted by Indian Code § 36-7-14, et seq. and
in furtherance of the South Bend Central Development Area Plan ("Plan"), the South
Bend Redevelopment Commission ("Commission") has determined that it is necessary to
acquire unencumbered fee simple interest in certain properties located within the area
heretofore designated as the South Bend Central 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 March 28, 2008, the Commission adopted Resolution No. 2441
amending the Plan and adding the Properties to the Area's acquisition list; and
WHEREAS, two (2) independent appraisals of the Properties have been
obtained 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 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:
1. 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 Offering 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 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.
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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 Uniform 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.
ADOPTED at the Special Meeting of the South Bend Redevelopment
Commission held on June 25, 2008, at 1308 County-City Building, 227 West Jefferson
Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
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signature ~-y
Marcia I. Jones, 'resident
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ATTEST•
ure
r ory S. Dome , Secretary
rime ame an Tit e
South Bend Redevelopment Commission
rinted Name and [ it[e
South Bend Redevelopment Commission
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EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
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Average
Tax Key No. Address Owner
Acquisition Pricc
323 South Dave Henderson
18-30 ] 2-0422 $67,000.00
William Street and Sharon L.
Henderson
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