NOTICE OF (A) PUBLIC HEARING FOR POSSIBLE SALE OF SURPLUS COUNTY OWNED REAL ESTATE AND (B) RECEIPT OF BIDS FOR POSSIBLE SALE OF SUCH SURPLUS REAL ESTATE TO: Citizens of Elkhart County, Indiana Notice is hereby given that the Elkhart County Commissioners will conduct a public hearing at 9:00 a.m. (or as soon thereafter as their business schedule will allow) on Monday, September 16, 2019 at Room 104 of the County Administration Building, 117 North Second Street, Goshen, Indiana, to consider the sale or disposition of the following described parcels of surplus real estate owned by Elkhart County Government. Notice is also herewith given that the Elkhart County Commissioners will receive written bids/proposals up to the hour of 9:00 a.m. on Monday, September 16, 2019 at Room 104 of the County Administration Building, 117 North Second Street, Goshen, Indiana (or prior to the meeting on September 16, 2019 in the Commissioners offices in said Administration Building) for the sale of the following described parcels of surplus real estate owned by Elkhart County Government. These Notices are given pursuant to the provisions of Indiana Code ^^ 36-1-11-1 et seq. and 5-3-1-1 et seq. The below described parcels have been determined to be surplus real estate by the Elkhart County Commissioners; likewise, the possible sale of such parcels has been approved by the Elkhart County Council, as the fiscal body of County Government. The purpose of the scheduled public hearing is to receive public input on the propriety, benefits, and/or negatives of selling the hereinafter described Parcels. No formal decision to sell the same has been made to date by the Elkhart County Commissioners. Interested persons will be allowed to speak and present evidence and materials at the public hearing set for September 16, 2019 at 9:00 a.m. At the conclusion of the public hearing relative to the possible sale of the surplus parcels, the Elkhart County Commissioners may continue the hearing to a subsequent date; may determine not to sell the parcels; may determine to sell the parcels; and may determine to proceed with the opening and processing of bids/proposals submitted by interested parties relative to the sale and purchase of the parcels. As to the parcels hereinafter described, County Government has secured appraisals as required by I.C. ^^ 36-1-11-1 et seq. Any party wishing to make a proposal to purchase either or both of the parcels hereinafter described shall submit a written proposal to the Office of the County Commissioners before 9:00 a.m. on September 16, 2019. Each such proposal must include any and all information deemed pertinent by the proposing party, but at a minimum, include the following: A. Formal name, business address, telephone number, and contact person for the proposing party, together with fax number and email address if available; B. A summary of the planned use and development of the parcels for which the proposal is submitted. The Elkhart County Commissioners reserve the right to initiate and perpetuate discussions and negotiations with one or all parties making proposals as to the parcels. County Government is under no duty to sell the parcels, or any portion thereof, to any person or party, and County Government may reject any and all proposals/bids. County Government may insist upon certain use restrictions, development criteria, or other standards deemed in the best interests of County Government, to include currently existing or hereafter established standards or criteria to be imposed upon the title to the parcel, and to run with the land and be binding upon any purchaser of the same, or subsequent users or owners of such. The Elkhart County Commissioners reserve the right to not only receive bids on or before 9:00 a.m. on September 16, 2019 as aforedescribed, but to continue the sale of the parcels from day to day thereafter for a period not to exceed sixty (60) days. All bids/proposals, by applicable law, must be open to public inspection. A bidder may raise his/her bid/proposal, and any raised bid/proposal shall take effect after the County Commissioners give written notice of such raise to any other bidder/proposers. The County Commissioners may determine to accept or take a given bid/proposal, and may sell the parcels to the highest and best bidder, in the discretion of the Elkhart County Commissioners, before expiration of the sixty (60) day time frame herein set forth. The highest and best bidder must have complied with all criteria set forth within this Notice, and with applicable Indiana law; and the County Commissioners may sell the parcels for less than ninety percent (90%) of the appraised value of such parcels at public auction or after having an additional Notice of the sale published. The surplus parcels which are the subject of the public hearing on September 16, 2019 at 9:00 a.m. and subject to the bid/proposal process, should the County Commissioners determine to proceed with the sale of such parcels, are described as follows: The East One-half (E ^) of Lot Number Eighty-one (81) and the East one-fourth (E ^) of Lot Number Eighty (80) as the said Lots are known and designated on the recorded Plat of FIRST ADDITION OR A CONTINUATION OF THE VILLAGE OF ELKHART IN CONFORMITY TO THE ORIGINAL PLAT; said Plat being recorded in Deed Record 2, page 17 in the Office of the Recorder of Elkhart County, Indiana, more particularly described as follows: Beginning at the southeastern corner of the said Lot Number Eighty-one (81); thence northwardly along the eastern line of the said Lots Number Eighty-one (81) and Eighty (80), one hundred sixty-five (165) feet, more or less, to the northeastern corner of said Lot Number Eighty (80); thence westwardly along the northern line of the said Lot Number Eighty (80), one fourth (1/4) the length of the said northern line of said Lot, being forty-one and one-fourth (41 ^) feet, more or less; thence southwardly parallel with the eastern line of the said Lot Number Eighty (80), eighty-two and one-half (82 ^) feet, more or less, to the southern line of the said Lot Number Eighty (80); thence westerly along said last mentioned southern line, forty-one and one-quarter (41 ^) feet to the center of the southern line of said Lot; thence southwardly, parallel with the eastern line of the said Lot Number Eighty-one (81), eighty-two and one-half (82 ^) feet, more or less, to the southern line of the said Lot Number Eighty-one (81); thence eastwardly along the southern line of the said Lot Eighty-one (81), eighty-two and one-half (82 ^) feet, more or less, to the place of beginning. Being tax parcel numberS 20-06-05-380-014.000-012 and 20-06-05-380-015.000-012. COMMONLY KNOWNS AS 320 w. HIGH STREET, ELKHART, IN 46516. Subject to public rights-of-way, easements, and restrictions of record. Subject to existing restrictions or limitations relative to the parcels, or others negotiated and imposed by the Elkhart County Commissioners, the Commissioners shall convey fee simple title to the parcels consistent with any accepted bid by appropriate Warranty Deed and shall provide competent title insurance commitment, in the amount of the ultimate successful proposal/bid, insuring title to the parcels, subject to such limitations and restrictions, together with easements, public rights-of-way, and other standards or limitations already of public record. If the parcels do not sell by the bid/proposal method, the Commissioners may proceed to engage a broker or otherwise market/sell the parcels by the standards of I.C. 36-1-11-1 et seq. The parcels may not be sold to a person, or an agent of such person, who is ineligible under Indiana Code Section 36-1-11-16 which includes a person who owes delinquent taxes, special assessments, penalties, interests, or costs directly attributable to a prior tax sale on a tract of real property under Indiana Code Section 6-1.1-24. A bid submitted by a trust must identify each beneficiary of the trust and each settlor empowered to revoke or modify the trust. The Commissioners may also engage an auctioneer licensed under Indiana Code Section 25-6.1 to conduct the sale by public auction. An auction may be conducted either at the time for beginning the sale in accordance with this public notice or after the beginning of the sale. If an auction is conducted, the Commissioners will give each bidder who has submitted a bid written notice of the time and place of the auction. The Commissioners also reserve the right to divide the parcels and sell them separately or in combination in their discretion. Mike Yoder, President, Board of Commissioners of the County of Elkhart, Indiana August 29 September 5 hspaxlp
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