02/27/89 Board of Public Works Minutes

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55 REGULAR MEETING FEBRUARY 27, 1989 RESOLUTION NO. 8-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR TRANSFER OF REAL PROPERTY LOCATED AT 2402 EAST ROSE STREET WHEREAS, pursuant to I.C. 36-1-11-8 the City of South Bend as a governmental entity, has the authority to execute a transfer, for any amount of real property, with another governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of substantially identical resolutions by each entity; and WHEREAS, the City's Board of Public Works is the Board having the power to sell, exchange or transfer property of the City; and WHEREAS, the South Bend Community School Corporation ("CORPORATION") a governmental entity, presently owns a parcel of real property in St. Joseph County, Indiana known as the Maple Lane School, which is located at 2402 East Rose Street, South Bend, which property is referred to in this Resolution as ("SCHOOL"); and WHEREAS, the CORPORATION has not utilized the SCHOOL for several years due to a restructuring and reorganization of its school districts with the SCHOOL not being utilized on a regular basis for a period of years; and WHEREAS, the City of South Bend ("CITY") requested that the CORPORATION transfer the SCHOOL to the CITY so that the United States Army Reserve may use it as an Army Reserve Center, vacating the present Army Reserve Center located on Northside Boulevard in South Bend, Indiana, which facility is needed as a part of the expansion of the campus of Indiana University at South Bend; and WHEREAS, the superintendent of the CORPORATION held a public hearing as required by law on February 22, 1989 at 3:15 p.m. and the CORPORATION has determined, by Resolution adopted on February 22, 1989, (See Attachment) that the transfer of the SCHOOL to the CITY will serve civic and cultural purposes of the CITY and will relieve the CORPORATION of considerable expense in maintaining and insuring the SCHOOL which is no longer needed for school purposes or any other purpose of the CORPORATION; and WHEREAS, the Resolution of the CORPORATION provides that the completion of the transfer is subject to the CITY adopting a Resolution, which is substantially identical to paragraph 2 of the Resolution adopted by the CORPORATION, in accordance with Indiana Statutes. NOW, THEREFORE, BE IT RESOLVED by the CITY, that: 1. The CORPORATION has determined that the SCHOOL will no longer be needed for school purposes or for any other purpose of the CORPORATION and shall be transferred to the CITY. 2. That a public hearing concerning this transfer was conducted by the Superintendent of Schools in accordance with law on February 22, 1989 at 3:15 p.m., prior to the CORPORATION'S Board giving its final approval to the delivery of a deed and conveyance of the SCHOOL. 3. Pursuant to the requirements of Indiana statues, ownership and title to the SCHOOL shall be transferred to the CITY by a Quit -Claim Deed and Bill of Sale from the CORPORATION upon the CITY paying the CORPORATION the sum of Ten Dollars ($10.00) in cash, and the CITY shall accept the same. 4. Transfer of the SCHOOL shall be made by the CORPORATION in an "as is" condition with no warranties, indemnities or representations made by the CORPORATION as to its condition.