01-26-98 Council Meeting Minutes

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REGULAR MEETING JANUARY 26, 1998 That part of the northwest quarter of Section 28, Township 38 north, Range 2 east, City of South Bend, German Township, St. Joseph County, Indiana which is described as: Beginning at a PK Nail set on the north line of said section 38 and the centerline of Cleveland Road which is S.890- 57' -50" E. 1325.33 ft. from the northwest corner of said Section 28; thence S. 890- 57' -50" 132.00 ft. along said north line of centerline to a set PK nail; thence s. 000- 10'37" w., 990.00 ft. to a set 5/8" capped rebar; thence N. 890- 57' -50" W., 132.00 ft. to a set 5/8" capped rebar; thence N. 000- 10' -37" E., 990.00 ft. to the point of beginning. Containing 3.00 acres and comprised of two (2) lots. Subject to all legal highways, easements and restrictions of record. ( "Real Property "); and WHEREAS, the additional Real Property will allow Organic Resources to expand its public loading area and increase its service to the Community without encroaching on its adjacent neighbors, the Faulkens, residing at 4236 West Cleveland Road; and WHEREAS, there are additional houses located in the neighborhood. None, however, are located immediately adjacent to the Organic Resources plant on Cleveland Road; and WHEREAS, the Faulkens successfully petitioned Area Plan Commission for the creation of two legal lots of record out of one legal lot of record, of which the Board of Public Works is interested in one lot; and WHEREAS, Ralph D. Lauver, appraiser, valued the real property at $40,000.00, and Robert L. Huddleston, appraiser, valued the property at $25,000.00; and WHEREAS, an offer to purchase real estate must not exceed the acreage of two appraisals. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: I. The City Engineer is authorized and directed to cause a notice and written offer in the amount of $32,500.00 to be made to the owners of the real property described herein after a title commitment and a separate legal description are obtained for the property. II. The purchasing agent shall give a copy of both appraisals to the Common Council. /s/ Sean Coleman Member, South Bend Common Council A public hearing was held on the resolution at this time. Jack Dillon Director of Environmental Services made the presentation for the resolution. He reported that the City wants to purchase property adjacent to the organic resources plant. He advised that the real property will allow them to expand its public loading area and increase service to the community. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2543 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED AT THE SOUTHEAST QUADRANT OF ADAMS ROAD AND THE US 31 BY -PASS WHEREAS, it is deemed necessary and desirable by the South L 1 1