County To Auction Off Smalley Lane Property

December 5, 2023 at 7:21 p.m.

By DAVID L. SLONE Managing Editor

A property on Smalley Lane in Claypool will be auctioned off by the county with the minimum bid set at $5,000, the Kosciusko County Commissioners approved at their meeting Tuesday.
County attorney Ed Ormsby said the property is owned by the county after the county took possession of it to clean it up through the health department.
“It has been cleaned up, and now that it has been cleaned up, the county would like to consider it for sale to a private party to get it back on the tax rolls,” he said.
The property is on the southeast corner of the intersection of CR 900S and Smalley Lane in Claypool. It includes lots 30, 31 and 32.
The property at 9020 S. Smalley Lane was condemned about five years ago after it was damaged by fire. Trash piled up on the property and the grass continued growing and was unkempt, though neighbors would try to keep it clean.
In September 2023, the commissioners unanimously approved to sell the property.
Pursuant to Indiana statute, the county was required to get two appraisals on the property before a minimum bid was set for it, Ormsby said Tuesday. The two appraisals came in at $24,000 and $20,000.
“It is not required that the minimum bid be set at either of the appraisals or the average of the appraisals. Rather, the statute provides that those appraisals have to be done, but it is the discretion of the commissioners that they can set the minimum bid at any amount they deem is appropriate,” Ormsby explained.
He requested the commissioners make a motion to approve the sale of the Smalley Lane property with a minimum bid amount that they determine. A notice will be sent out this week to be published about the sale, with a second notice within seven days of the first. The auction will begin no sooner than seven days after the publication of the second notice. Forms to be used in the process of selling the property also were to be a part of the motion.
Ormsby also requested that the timeframe for the auction be included in the motion. As part of that timeframe, the auction will begin about Jan. 5 and end no later than Jan. 25. The buyer is to sign the real estate purchase agreement upon the end of the auction. The buyer also is to deliver the purchase price by cashier’s check to the commissioners office by the end of the business day on Jan. 26, 2024, and sign the sales disclosure at that time. At the Jan. 30 commissioners meeting, the commissioners would then approve and sign the real estate purchase agreement, commissioners deed and the sales disclosure.
Commissioner Brad Jackson made the motion as requested, setting a minimum bid of $5,000. “What I’m hearing is $5,000 would be in order for that because we know we can always get higher, but we want to make sure we get it out of there,” he said.
Commissioner Cary Groninger seconded the motion, saying it was important they get the property disposed of and back onto the tax rolls.
The public hearing on the disposal of the Smalley Lane property was opened up to the public, but no one commented.
The motion then passed unanimously after the public hearing was closed.
In other business, the commissioners approved:
• A supplemental agreement between USI Consulting Group and Kosciusko County for bridge No. 227, as requested by Kosciusko County Highway Department Steve Moriarty.
“With that agreement, this is the first agreement that we’ve had with them, it’s an adjustment. The P.E. contracts funds will be zeroed out and then they will be added to bridge design. So, there’s no additional cost for the county highway, but we have to make sure we have that agreement so we can move one fund to another for INDOT and the federal highway,” he said.
The bridge carries South Hand Street over Walnut Creek.
• Moriarty’s request to purchase three trucks - two tandem axles and one single axle.
“Since 2021, they canceled our order so it’s been two years since we’ve had new trucks. We still won’t get these until next year, but these are from the National Auto Fleet Group and it’s a Sourcewell contract,” he said.
The one single axle is for $285,072 and the tandems are $314,777 each.
• Approved the 2024 interlocal agreement between Kosciusko County and the Warsaw-Wayne Fire Territory for Terminal Services Data, as requested by County Administrator Marsha McSherry.
“Currently, all the outlying police departments have this same agreement with the county and now Warsaw-Wayne Fire Territory would like to enter into this agreement and have access to the same information that the police departments have,” she said.
• Approved the word changes in the previously approved agreement for services for 2024 with the Kosciusko Community Senior Services, as presented by County Auditor Rhonda Helser.
The next commissioners meeting is at 9 a.m. Dec. 19.

A property on Smalley Lane in Claypool will be auctioned off by the county with the minimum bid set at $5,000, the Kosciusko County Commissioners approved at their meeting Tuesday.
County attorney Ed Ormsby said the property is owned by the county after the county took possession of it to clean it up through the health department.
“It has been cleaned up, and now that it has been cleaned up, the county would like to consider it for sale to a private party to get it back on the tax rolls,” he said.
The property is on the southeast corner of the intersection of CR 900S and Smalley Lane in Claypool. It includes lots 30, 31 and 32.
The property at 9020 S. Smalley Lane was condemned about five years ago after it was damaged by fire. Trash piled up on the property and the grass continued growing and was unkempt, though neighbors would try to keep it clean.
In September 2023, the commissioners unanimously approved to sell the property.
Pursuant to Indiana statute, the county was required to get two appraisals on the property before a minimum bid was set for it, Ormsby said Tuesday. The two appraisals came in at $24,000 and $20,000.
“It is not required that the minimum bid be set at either of the appraisals or the average of the appraisals. Rather, the statute provides that those appraisals have to be done, but it is the discretion of the commissioners that they can set the minimum bid at any amount they deem is appropriate,” Ormsby explained.
He requested the commissioners make a motion to approve the sale of the Smalley Lane property with a minimum bid amount that they determine. A notice will be sent out this week to be published about the sale, with a second notice within seven days of the first. The auction will begin no sooner than seven days after the publication of the second notice. Forms to be used in the process of selling the property also were to be a part of the motion.
Ormsby also requested that the timeframe for the auction be included in the motion. As part of that timeframe, the auction will begin about Jan. 5 and end no later than Jan. 25. The buyer is to sign the real estate purchase agreement upon the end of the auction. The buyer also is to deliver the purchase price by cashier’s check to the commissioners office by the end of the business day on Jan. 26, 2024, and sign the sales disclosure at that time. At the Jan. 30 commissioners meeting, the commissioners would then approve and sign the real estate purchase agreement, commissioners deed and the sales disclosure.
Commissioner Brad Jackson made the motion as requested, setting a minimum bid of $5,000. “What I’m hearing is $5,000 would be in order for that because we know we can always get higher, but we want to make sure we get it out of there,” he said.
Commissioner Cary Groninger seconded the motion, saying it was important they get the property disposed of and back onto the tax rolls.
The public hearing on the disposal of the Smalley Lane property was opened up to the public, but no one commented.
The motion then passed unanimously after the public hearing was closed.
In other business, the commissioners approved:
• A supplemental agreement between USI Consulting Group and Kosciusko County for bridge No. 227, as requested by Kosciusko County Highway Department Steve Moriarty.
“With that agreement, this is the first agreement that we’ve had with them, it’s an adjustment. The P.E. contracts funds will be zeroed out and then they will be added to bridge design. So, there’s no additional cost for the county highway, but we have to make sure we have that agreement so we can move one fund to another for INDOT and the federal highway,” he said.
The bridge carries South Hand Street over Walnut Creek.
• Moriarty’s request to purchase three trucks - two tandem axles and one single axle.
“Since 2021, they canceled our order so it’s been two years since we’ve had new trucks. We still won’t get these until next year, but these are from the National Auto Fleet Group and it’s a Sourcewell contract,” he said.
The one single axle is for $285,072 and the tandems are $314,777 each.
• Approved the 2024 interlocal agreement between Kosciusko County and the Warsaw-Wayne Fire Territory for Terminal Services Data, as requested by County Administrator Marsha McSherry.
“Currently, all the outlying police departments have this same agreement with the county and now Warsaw-Wayne Fire Territory would like to enter into this agreement and have access to the same information that the police departments have,” she said.
• Approved the word changes in the previously approved agreement for services for 2024 with the Kosciusko Community Senior Services, as presented by County Auditor Rhonda Helser.
The next commissioners meeting is at 9 a.m. Dec. 19.

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