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 and All Other Interested Parties 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 Tuesday, September 6, 2016 at Room 104 of the County Administration Building, 117 North Second Street, Goshen, Indiana, to consider the sale or disposition of the following described parcel of surplus real estate owned by Elkhart County Government (Parcel) 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 Tuesday, September 6, 2016 at Room 104 of the County Administration Building, 117 North Second Street, Goshen, Indiana for the sale of the described Parcel 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. Said Parcel herein described has been determined to be surplus real estate by the Elkhart County Commissioners; likewise, the possible sale of such Parcel has heretofore been approved by the Elkhart County Council, as the fiscal body of County Government. The purpose of the scheduled public hearing relative to the Parcel is to receive public input on the propriety, benefits, and/or negatives of selling the Parcel. 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 6, 2016 at 9:00 a.m. At the conclusion of the public hearing relative to the possible sale of the Parcel, the Elkhart County Commissioners may continue the hearing to a subsequent date; may determine not to sell the Parcel; may determine to sell the Parcel; 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 Parcel. For the Parcel 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 the Parcel shall submit a written proposal to the office of the County Commissioners at any time after August 22, 2016 and before 9:00 a.m. on September 6, 2016. 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, phone 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 Parcel, or portion thereof, for which the proposal is submitted. C.A bid submitted by trust (as defined in I.C. 30-4-1-1(a)) must identify each beneficiary of the trust, and the settlor empowered to revoke or modify the trust. A person who owes delinquent taxes, special assessments, penalties, interest or costs directly attributable to a prior tax sale on a tract of real property listed under I.C. 6-1.1-24-1, and any agent for such person, may NOT purchase, receive, or lease a tract that is offered in a sale, exchange, or lease under I.C. 36-1-11-1 et seq. The Elkhart County Commissioners reserve the right to initiate and perpetuate discussions and negotiations with one or all parties making proposals as to the Parcel. County Government is under no duty to sell the Parcel, 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, traffic control arrangements, access limitations, or other standards deemed in the best interests of County Government by the Elkhart County Commissioners, 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 6, 2016 as aforedescribed, but to continue the sale of the Parcel from day to day thereafter for a period not to exceed sixty (60) days. All bids/proposals, by applicable law, must be opened 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/proposer. The County Commissioners may determine to accept or take a given bid/proposal, and may sell the Parcel 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 will sell the Parcel for less than eighty percent (80%) of the appraised value of such Parcel only after having an additional Notice of the sale published. The surplus Parcel the subject of the public hearing on September 6, 2016 at 9:00 a.m. and subject to the bid/proposal process, should the County Commissioners determine to proceed with the sale of such Parcel, is described as follows: Real estate situate in Elkhart County, State of Indiana, to-wit: Being property situated at 64815 County Road 17, Goshen, Indiana 46526, and having tax parcel number 20-10-24-400-034.000-016, described as follows: A part of the Southeast Quarter (SE 1/4) of Section Twenty-four (24), Township Thirty-six (36) North, Range Five (5) East, Elkhart County, Indiana more particularly described as follows: Commencing at a monument in the intersection of County Roads Number 17 and 38 said monument marking the southeast (SE) corner of the Southeast Quarter (SE 1/4) of Section Twenty-four (24), Township Thirty-six (36) North, Range Five (5) East, Elkhart County, Indiana; thence north zero (0) degrees twenty-eight (28) minutes west along the Harrison-Elkhart Township Line and the center line of County Road Number 17, eight hundred eighty-six and eight tenths (886.80) feet to the place of beginning of this description; thence continuing along said described bearing, two hundred twenty (220) feet; thence south eighty-nine (89) degrees forty-six (46) minutes west, six hundred sixty-two and sixty-seven hundredths (662.67) feet; thence south zero (0) degrees thirty-six (36) minutes east, two hundred twenty (220) feet; thence north eighty-nine (89) degrees forty-six (46) minutes east, six hundred sixty-two and fourteen hundredths (662.14) feet to the place of beginning of this description. Said above tract contains 3.345 acres of land (Original Tract). Less and excepting from the Original Tract the following: A part of the Southeast Quarter of Section 24, Township 36 North, Range 5 East, Elkhart County, Indiana, being the eastern portion of the Original Tract, now formally a part of the dedicated and established right-of-way of the New County Road 17, more particularly described as follows: Beginning on the east line of said Southeast Quarter North 0 degrees 35 minutes 45 seconds West (assumed bearing) 886.80 feet from the southeast corner of said Southeast Quarter, said point being the southeast corner of the Original Tract; thence South 89 degrees 38 minutes 15 seconds West 116.86 feet along the south line of the Original Tract to point; thence North 3 degrees 27 minutes 30 seconds West 62.80 feet to a point; thence North 0 degrees 35 minutes 45 seconds West 157.29 feet to the north line of the Original Tract; thence North 89 degrees 38 minutes 15 seconds East 120.00 feet along said north line to the east line of said Southeast Quarter; thence South 0 degrees 35 minutes 45 seconds East 220.00 feet along said east line to the point of beginning and containing 0.604 acres, more or less. The Original Tract, less and excepting the 0.604 acres aforedescribed, being subject to all public rights-of-way, and to all easements and restrictions of record. Together with and subject to the forfeiture of any and all ingress, egress, or access rights of any type or character to or from said real estate and/or to or from the County Road 17 Improvement Project (New County Road 17), and the right-of-way therefore, as set forth in Warranty Deed and No Access Easement recorded as Instrument Number 2007-03954, Office of the Recorder of Elkhart County, Indiana. The aforedescribed Original Tract being that acquired by the Board of Commissioners of the County of Elkhart by Warranty Deed recorded as Instrument Number 2004-32293, Office of the Recorder of Elkhart County, Indiana. Said Parcel, as above described, is subject to, and benefits from, Private Driveway Easement Agreement recorded as Instrument Number 2007-24216, Office of the Recorder of Elkhart County, Indiana, which created a common and shared driveway and access arrangement to and from the aforedescribed Parcel, and other Real Estate described therein. Acquisition of the Parcel herein defined shall be subject to and such Acquisition shall benefit from the standards of such Private Driveway Easement Agreement. The legal description, no access arrangements, and easement standards, pertaining to the aforedescribed Parcel set forth above shall be subject to further confirmation and documentation at the discretion of the Elkhart County Commissioners, and all of the same, as negotiated and determined to be appropriate by the Elkhart County Commissioners, shall be reflected on any deed of conveyance of the aforedescribed Parcel to any successful proposer/bidder. Subject to the same, the Elkhart County Commissioners shall convey fee simple title to the aforedescribed Parcel by appropriate Warranty Deed and shall provide a competent title insurance commitment, in the amount of the ultimate successful proposal/bid, insuring title to such Parcel, subject to the standards herein set forth, or others identified as part of the negotiations and reflected on such Deed, together with the easements, public rights-of-way, and other standards or limitations already of public record. Terry Rodino, President, Board of Commissioners of the County of Elkhart, Indiana August 22, 29 hspaxlp
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