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HomeMy WebLinkAboutNo. 2412 related to acquisition of property in the Airport Economic Development Area (1406 S. Franklin, Eckler Lahey)• RESOLUTION NO. 2412 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, lender the authority granted by Indian Code § 367-14, et sed. and in filrtherance 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 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 April 21, 2006, the Commission adopted Resolution No. 2232 amending the Plan (previously the Plan for the Sample-Ewing Development Area which has subsequently merged with the Area) and on September 7, 2007, the Commission adopted Resolution No. 2375 amending the Plan 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 S 36-714-I9(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 ~ 36-7-1419, 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 coLmsel. 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 determinatiarl of title, and to the extent applicable, relocation assistance. ADOPTED at the Regular Meeting of the South Bend Redevelopment Commission held on December 21, 2007, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT r Marcia I. Jones, resident Printed Nome and Tide South Bend Redevelopment Commission ATTEST: i s~ , Ka~G. King, V e-President Printer( /Vnnie and Title South Bend Redevelopment Commission • EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price 18-8006-0344 18-8006-034201 1406 S. Franklin St. Peter H. Mullen & Peter J. $205,050.00 18-8006-0338 1533 S. Lafayette Blvd. Nemeth 18-8806-0349 •