11/10/03 Board of Public Works Minutes

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t337 REGULAR MEETING NOVEMBER 10, 2003 RESOLUTION NO. 78-2003 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF REAL PROPERTY TO MADISON CENTER, INC. WHEREAS, the City of South Bend ("City") is the owner of the following described real property located within the City of South Bend, St. Joseph County, Indiana: Beginning at the Southwest corner of Lot Number Six (6), Dinans Second Addition to the City of South Bend; thence in a straight line in a northeasterly direction to the North boundary line of said Lot 6, at a point Ninety-five (95) feet West of the Northeast corner of said Lot 6; thence in a straight line in a Northwesterly direction to the Northwest corner of Lot Ten (1), in said Addition; thence in a Southwesterly direction along the Southeasterly line of Crescent Avenue a distance of fourteen and seventy-five hundredths (14.75) feet; thence Southeasterly Eighty-seven and three tenths (87.3) feet parallel with and fourteen (14) feet from the second straight line above mentioned; thence in a Southwesterly direction to the Southeasterly corner of Lot Eleven (11) of said Addition; thence in a Southeasterly direction to the point of beginning, hereinafter referenced as the "Property"; and WHEREAS, pursuant to Ind. Code § 36-9-6-3, the Board of Public Works of the City of South Bend ("Board") has custody and may maintain all real and personal property of the City; and WHEREAS, Ind. Code § 36-1-11-1(b)(7) permits the City, acting by and through the Board, to transfer property to an Indiana nonprofit corporation that is exempt from taxation under Section 501 of the Internal Revenue Code; and WHEREAS, Madison Center, Inc. is a not -for -profit corporation organized under the laws of the State of Indiana and exempt from taxation under Section 501(c) of the Internal Revenue Code; and WHEREAS, City, through the Board, desires to transfer the Property to Madison Center, Inc. for use by Madison Center, Inc. in expanding its present facilities, and Madison Center, Inc. desires to accept the transfer of the Property from City under such terms and conditions as determined by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, THAT: l . The Board hereby approves the transfer of the following -described real property to Madison Center, Inc., subject to the terms and conditions set forth in that certain Purchase Agreement dated , 2003 by and between the Parties and further subject to that certain Contract for Sale of Land for Private Development dated , 2003 ("Contract") by and between Madison Center, Inc. and the South Bend Redevelopment Commission, governing body of the City of South Bend Department of Redevelopment, said Contract recorded in the Office of the Recorder for St. Joseph County, Indiana on , 2003 as Document No. Beginning at the Southwest corner of Lot Number Six (6), Dinans Second Addition to the City of South Bend; thence in a straight line in a northeasterly direction to the North boundary line of said Lot 6, at a point Ninety-five (95) feet West of the Northeast corner of said Lot 6; thence in a straight line in a Northwesterly direction to the Northwest corner of Lot Ten (1), in said Addition; thence in a Southwesterly direction along the Southeasterly line of Crescent Avenue a distance of fourteen and seventy-five hundredths (14.75) feet; thence Southeasterly Eighty-seven and three tenths (87.3) feet parallel with and fourteen (14) feet from the second straight line above mentioned; thence in a Southwesterly direction to the Southeasterly corner of