Resolution No. 55-2016 - Transfer of Real Property to the SB Board of Park Commissioners

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RESOLUTION NO.55-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND BOARD OF PARK COMMISSIONERS WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "BPW") has custody of real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind. Code 36-9-6-3; and WHEREAS, the South Bend Board of Park Commissioners (the "Park Board") exists and operates pursuant to Ind. Code 36-10-3 and 36-10-4; and WHEREAS, the BPW holds certain real property (the "Property") located in the City and comprising a portion of the land and improvements known as Seitz Park; and WHEREAS, the BPW and the Park Board are signatories to that certain Memorandum of Understanding between the University of Notre Dame du Lac (the "University") and the City dated June 30, 2016 (the "MOU"); and WHEREAS, the MOU sets forth the parties' understanding concerning their mutual undertakings to facilitate the University's construction and operation of a hydroelectric power generation facility on the Property and along the St. Joseph River (the "Project") and to restore Seitz Park after construction of the Project; and WHEREAS, to facilitate the Project as stated in the MOU, the City, acting through the Park Board, intends to enter into a ground lease with the University for certain real property in and around Seitz Park, including the Property; and WHEREAS, to carry out the parties' intentions stated in the MOU, the BPW desires to convey the Property to the Park Board pursuant to Ind. Code 36-1-11-8 for purposes of facilitating. the Project and for park purposes following the completion of construction of the Project; and WHEREAS, on November 21, 2016, the Park Board adopted its Resolution 0006-2016 accepting the BPW's transfer of the Property in accordance with Ind. Code 36-10-3-18(a); and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The BPW approves the conveyance of the Property to the Park Board. 2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, are authorized and instructed to execute and attest, respectively, a quit claim deed in the form attached hereto as Exhibit A conveying all of the BPW's right, title, and interest in the Property to the Park Board. 1