12/06/93 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 6, 1993 carried, the above referred to Contract and Addendum were approved and executed. Board Member James R. Caldwell abstained from voting as he is a member of the Neighborhood Resources and Technical Services Corporation. ADOPT RESOLUTION NO. 42-1993 - ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE REDEVELOPMENT COMMISSION Board member Mrs. Jenny Pitts Manier informed members of the Board that the Resolution before them conveys to the City, from the Redevelopment Commission, a parcel of property which they acquired. Mrs. Manier further explained that this property is a retention basin near the intersection of Kenmore and Cleveland Roads that was previously owned by the Industrial Foundation. The Foundation determined that they no longer needed this property and the Redevelopment Commission took title. It was felt that it would be more appropriate for this property to be held by the City of South Bend Board of Public Works. On Friday, December 3, 1993, the Redevelopment Commission adopted a Resolution conveying this property to the Board. Therefore, Mr. Caldwell made a motion that the Resolution which has been prepared be adopted. Mrs. Manier seconded the motion which carried and the following Resolution No. 42-1993 was adopted: RESOLUTION NO. 42-1993 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission") is the owner of the following described real property situated in St. Joseph County, Indiana: A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said section; thence South 89 degrees 48 minutes 05 seconds West 966.00 feet; thence South 0 degrees 00 minutes 23 seconds West 40.0 feet to the point of beginning of this description; thence South 0 degrees 00 minutes 23 seconds West 450.00 feet; thence South 89 degrees 48 minutes 05 seconds West 275.88 feet; thence Northwesterly 294.37 feet along an arc to the right having a radius of 1,869.86 feet and subtended by a chord having a bearing of North 4 degrees 30 minutes 13 seconds West and a length of 294.07 feet; thence North 0 degrees 00 minutes 23 seconds East 146.76 feet; thence North 44 degrees 54 minutes 14 seconds East 14.17 feet; thence North 89 degrees 48 minutes 05 seconds East 289.00 feet to the point of beginning and containing 3.036 acres, more or less; (hereinafter referred to as the "Real Property"); and WHEREAS, the Commission, in Resolution No. 1024, adopted on December 3, 1993, expressed its desire to transfer the Real Property to the City of South Bend, Indiana; and WHEREAS, the City of South Bend is desirous of acquiring the Real Property from the Commission; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, acting by and through the Board, may exchange or transfer property