HomeMy WebLinkAboutNo. 2284 related to acquisition of property in the Airport Economic Development Area (52097 Olive Rd, Lichtenbarger)•
RESOLUTION N0.2284
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 Ind. Code § 36-7-14, et seq. 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 December 15, 2006, the Commission adopted Resolution No.
2279 adding the Property to the Acquisition List; and
• WHEREAS, two (2) independent appraisals of the Property to be acquired by
the Commission have been obtained in accordance with Indiana Code § 36-7-14-19(b),
which provide an offering price of $86,839.50 as described at Exhibit B (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 Property in
accordance with Indiana Code § 36-7-14-19, which may include the cost of title work,
closing costs or other incidental costs related to the purchase 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. 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 in accordance with Indiana Code § 36-7-14-19, which
offer or process may include the payment expenses incident to the conveyance and
determination of the title of the Property.
2. The Commission's attorney is 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 staff or the Commission's
attorney previously taken consistent with authority provided in Section 1 or 2 hereof.
ADOPTED , at the Regular Meeting of the South Bend .Redevelopment
Commission held on December 15, 2006, at 1308 County-City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
ATTEST•
,g
Gregory S. Downes, Secretary
Printe Name a Tit e
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Karl G. g,
L
t
Kin ice President
Printed Name and ! it[e
South Bend Redevelopment Commission
•
•
EXHIBIT A
PROPERTY DESCRIPTION AND OFFERING PRICE
Average
Tax Key No. Address Owner Acquisition Price
04-1011-0179
52097 Olive Road Albert and Marilyn
$86,839.50
Lichtenbarger
(split parcel)
(See Legal Description Attached)
•
•
•
EXHIBIT "A"
Project: Olive Road Brick Road
Parcel: 1 Fee
A part of the ~~'est Half of the Northwest Quarter of Section 19, Township 38 North, Range 2 East; German
Township, St. Joseph County, Indiana, and being that part of the grantor's land lying within the right-of-way lines
depicted on the attached Right-of-Way Parcel Plat marked Exhibit "B", described as follows: Beginning on the
north line of said half-quarter section South 89 degrees 39 minutes 08 seconds East 442.51 feet from the northwest
corner of said quarter section, designated as point "12" on said Exhibit "B"; thence South 89 degrees 39 minutes 08
seconds East 54221 feet along said north line to the northeast corner of said half-quarter section, desib ated as
point"3" on said Exhibit "B"; thence South 0 degrees 27 minutes 23 seconds East 1399.47 feet along the east line
of said half quarter section and the centerline of Olive Road to the northeast comer of a tract of land conveyed to
the City of South Bend in Instrument ri0334SOS, designated as point "1S8" on said Exhibit "B"; thence South 89
degrees 32 minutes 37 seconds West SS.00 feet along the north line of said City of South Bend tract to the point
designated "738" on said Exhibit `B"; thence North 5 degrees l2 minutes 48 seconds East 50.61 feet to the point
designated "3009" on said Exhibit "B"; thence North 0 degrees 27 minutes 23 seconds West 1295.00 feet to the
. point designated "3005" on said Exhibit "B"; thence North 47 degrees 19 minutes 46 seconds West 21.10 feet to
the point designr~:ed "3004" on said Exhibit "B"; thence South 89 degrees 49 minutes 06 seconds `t~ est 1 12.00 feet
to the point designated "3003" on said Exhibit "B"; thence North 86 degrees 36 minutes 21 seconds ~'~'est 240.47
feet to the point designated "3002'' on said Exhibit "B"; thence South 89 degrees 49 minutes OS seconds West
100.00 feet to the point designated "3018" on said Exhibit "B"; thence South 89 degrees 49 minutes OS seconds
ti~'est 25.25 feet to the point designated "3001" on said Exhibit "B"; thence North 0 degrees 20 minutes S2 seconds
East 30.01 feet to the point of beginning and containing 2.01 1 acres, more or less, inclusive of the presently existing
right-of-way which contains 0.882 acres, more or less, for a net additional taking of 1.129 acres, more or less.
This description was prepared for the City of South Bend, Indiana by DLZ Indiana, LLC and certified by James
Itilichael Lietzan, Indiana Registered Land Surveyor, License Number SO47S, on the 13`x' day of June, 2006.
es Michael Lietzan ~~~ y
Indiana Registered Land Surveyor No. SO47S ~ '~i
~ 0
_ ~~ ~ ~°r
~ ~~ ~ o
•
' RIGHT-OF-WAY PARCEL PLAT a ~ SD 3Dfl
o° Prepared For The CITY OF SOUTH BEND, INDIAoNA
12 ° 7000 by DLZ Indiana, LLC {Job #0061202990) ° .Scale 1 " = 300'
1; 18 LINE 'PRB' BRICK ROAD '`' LIN 'g'
24 I9 LINE 'B~ 3000 R~W R W 3
3001 J003 N.E. Cor., W. 1/2, N.W. 1/4
40' R/W Sec#ion 19
3018 3004
3D02
3005
85+oa
~~
~~C,
~~
~~.
~~
~~
RES. A
3009
73$ 55.00'
N~ ~y
l!7 l ~
`~ q
~O+ O
cD rf ~
_ W~CT
w
z
J
80+00
Q
O
D`
w
J
0
739
75+00
1 158
i~
w
7o+aa
3
LINE 'B~
N 89'49'05" E
7000
LINE 'PRB
LINE 'PRB' DETAIL
Dimensions shown are from the followin
listed Record Documents:
PARCEL: 1 OWNER: ALBERT 0. LICHTENBARGER p,ND g
Deed Record 767, Page 620, Dated 12-1973
CODE: - Mp,RILYN H. LICHTENBARGER Instrument No. 0334505, Dated 6-4-2003
PROJECT: -
.D: OLI'JE ~ BRICK
,JNTY: ST. JOSEPH
DRA,ItirN 5Y: S.M.NARTMAN ~-i ,_~f
~:~ ''-~~i;
+ii~~ ~+Y
19
SECTION "`
`
'~
~
: e CHECKED BY. J.M.LIETZAN -
_
-
LLC
INDIANA
TOWNSHIP: 38.N Hatched ,Area !s th 2006
DATE:
JUNE ,
ARD
22
e0
S
C-
RA,NG~: 2E Approximate Taking .
, 6ENDFENDANA
466 S
5o11~
L s7a-zas-aaoo
r~
~~
EXHIBIT B
INDEPENDENT APPRAISAL RESULTS
The City hired two (2) independent appraisers to appraise the Property: Jerome
Michaels and Ralph Lauver. Originally, the City desired to purchase 0.934 acres of
property along Olive Road. After reassessing the Project, it was determined that
purchasing 1.129 acres would be more appropriate. The additional land, however, would
cause a rental house on the Property to be significantly more damaged, and in the opinion
of the property owners and their appraiser rendered useless. Although it is difficult to
determine what acourt-appointed appraiser would determine, our consultants believe that
their claim had some merit. Accordingly, the appraisals, as originally presented to us,
must be adjusted to account for the additional damages.
Mr. Michaels and Mr. Lauver provided an agricultural per acre price of
$5,000.00, which for the original offer (0.934) was $4,670.00 and for current proposal
(1.129) is $5,645.00. Mr. Michaels and Mr. Lauver appraised the damages for the
original offer (0.934 acres) at $21,622.00 and $23,205.00, respectively, for an average of
$22,413.50. Those damages figures included landscaping damages of $5,000.00 and
$5,500.00 re~:~pectively for an average of $5,250.00. By purchasing the additional righs, of
way, the house becomes unusable, effectively making the house worthless. Mr. Michaels
and Mr. Lauver appraised the house as $77,000.00 and $74,889.00, respectively, for an
average of $75,944.50. Other landscaping determined to be damaged by Mr. Michaels
and Mr. Lauver under both proposals would be $5,000.00 and $5,500.00 respectively for
an average of $5,250.00. Under our original proposal (0.934 acres) our average offering
price was $27,083.50, but under our current proposal (1.129 acres), the average offer is
$86,839.50.
Original Proposal
Item Michaels Lauver Average
Land (0.934 acres) $4,670.00 $4,670.00 $4,670.00
Damages $21,622.00 $23,205.00 $22,413.50
Total $26,292.00 $27,875.00 $27,083.50
Current Proposal
Item Michaels Lauver Average
Land (1.129 acres) $5,645.00 $5,645.00 $5,645.00
Damages to House $77,000.00 $74,889.00 $75,944.50
Damages to Landscaping $5,000.00 $5,500.00 $5,250.00
Total $87,645.00 $86,034.00 $86,839.50