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351 <br />REGULAR MEETING <br />K y No. 18-1044-1895 <br />Lot 95 Comm Sub of BOL 79 <br />AUGUST 18, 1997 <br />Key -So. 18-1044-1896 <br />Lot 94 Cc.= Sub of BOL 79 <br />(collectively r6erred to hereinafter as the "Real Property"); and <br />WHEREAS, Indiana Code §36-1-11-1(b) permits the City, acting by and through the Board <br />o-'Public Works ("Board"), to transfer property to an Indiana non-profit Corporation, exempt from <br />income taxat;.on under §501(c) of the internal Revenue Code, under such terms and conditions as <br />e..,;temiined by the Board; and <br />'WiffiREAS, under Indiana Code 36-9-6-3, the Board of Public Works of the City of South <br />Bend has ,;ustody of and may maintain all real property of the City of South Bend; and <br />WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the <br />South Blend Heritage Foundation, a nonprofit Corporation, exempt from income taxation under <br />§501(c) of the Internal Revenue Code, for development of three (3) sites for semi-independent living <br />units; and <br />WHEREAS, the Board received favorable recommendations for the transfer of the Real <br />Property to South Bend Heritage Foundation from the Department of Code Enforcement, <br />Department of Public Parks, Division of Engineering, Community & Economic Development and <br />Mayor Stephen J. Luecke. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR <br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />1. The transfer of Real Property described herein and situated in St. Joseph County, <br />Indiana: <br />All of lots No. 96 & 97 as shown on the recorded Plat of Commissioner's Sub of BUL <br />79 of the Second Plat of Out Lots of the Town, now City of South Bend, platted by <br />the State Bank of Indiana, excepting therefrom a lot or parcel of land 93' in length, <br />E. & W., taken off of and from the entire width of the E. end thereof, and being a <br />strip of land 31.3' in width, E. & W. fronting on West Colfax Ave., more commonly <br />known as 1234 W. Colfax. <br />A part of Lot Number One Hundred (100) as shown on the recorded plat of <br />Commissioners' Subdivision of the South part of Bank Out Lot Number Seventy-nine <br />(79) as shown on the Second Plat of Out Lots of the town, now City of South Bend, <br />platted by the State Bank of Indiana, which part is bounded by a line running as <br />follows, viz: Beginning one hundred (100) feet South of the corner formed by the <br />intersection of the East line of Spruce Street with the South line of Colfax Avenue in <br />said city; thence South on the East line of Spruce Street, forty and eighteen and two - <br />fifths hundredths (40.18-2/5) feet more or less to the Southwest corner of said Lot <br />One Hundred (100); thence East on the South line of said lot, seventy-four (74) feet; <br />thence North to a point East of the beginning; thence West seventy-four (74) feet to <br />the place of beginning. <br />A part of Lots Numbered 96 and 97 as shown on the recorded Plat of Commissioners' <br />Subdivision of Bank Out Lot Numbered 79 of the Second Plat of Out Lots of the <br />Town, now City of South Bend, platted by the State Bank of Indiana, which part is <br />bounded by a line running as follows, viz: Beginning at a point 31 feet West of the <br />North East corner of said Lot Numbered 97, thence running West 31 feet; thence <br />South to the South line of said Lot Numbered 96; thence East 31 feet; thence North <br />to the place of beginning. <br />