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REGULAR MEETING APRIL 29, 1991 <br />RESOLUTION NO. 23-1991 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND APPROVING A <br />SUBLEASE OF »BAT. ESTATE FROM <br />SOUTH BEND REDEVELOPMENT COMMISSION <br />WHEREAS, the South Bend Redevelopment Commission is lessee of <br />the following described real property owned by the South Bend <br />Redevelopment Authority (the "Authority") under the <br />Lease -Purchase Agreement dated as of November 1, 1989, and <br />approved and modified on the 16th day of February, 1990: <br />A parcel of land in the Southwest Quarter of Section 12, <br />Township 37 North, Range 2 East, City of South Bend, Portage <br />Township, St. Joseph County, Indiana, being platted as <br />Denniston & Fellows Addition as recorded in Book 2, Page 48, <br />at the St. Joseph County Recorder's office in South Bend, <br />Indiana, and described as follows: <br />Beginning at an iron at the intersection of the East <br />right-of-way line of Carroll Street and the South <br />right-of-way line of South Street; thence South 891391471" <br />East (bearing assumed), 100.00 feet along said South <br />right-of-way line to the Point of Beginning; thence <br />continuing South 89039147" East, 41.50 feet along said South <br />right-of-way line; thence South 000001001" East, 115.50 feet <br />to the North right-of-way line of a 14.00 foot alley; thence <br />North 890391471" West, 41.50 feet along said North <br />right-of-way line; thence North 00000100" West, 115.50 feet <br />to the South right-of-way line of South Street and the Point <br />of Beginning, and containing 0.1100 acres, more or less, and <br />is subject to all easements, restrictions and or covenants of <br />record, commonly known as 310 East South Street, South Bend, <br />(the "Real Property"); and <br />WHEREAS, the Commission in Resolution 980, adopted February <br />22, 1991, and Resolution 992, adopted April 26, 1991, expressed <br />its desire to sublease the Real Property to the City of South <br />Bend, Indiana; and <br />WHEREAS, the City of South Bend is desirous of leasing the <br />Real Property from the Commission; and <br />WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works <br />of the City of South Bend (the "Board") has custody of and may <br />maintain all real property of the City of .South Bend; and <br />WHEREAS, pursuant to I.C. 36-1-11-8, the City of South Bend, <br />acting by and through the Board, may exchange or transfer <br />property with another governmental entity upon terms and <br />conditions agreed upon by the two (2) entities as evidenced by <br />the adoption of substantially identical resolutions of each <br />entity; and <br />WHEREAS, the Commission has agreed to sublease the Real <br />Property to the City of South Bend, and the City of South Bend, <br />acting by and through the Board, has agreed to sublease the Real <br />Property from the Commission under the terms and conditions of <br />the Sublease attached hereto and incorporated herein. <br />NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND <br />REDEVELOPMENT COMMISSION AS FOLLOWS: <br />1. That the Sublease of the following described real <br />property by the South Bend Redevelopment Commission to the City <br />of South Bend, acting by and through its Board of Public Works: <br />