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REGULAR MEETING FEBRUARY 14 2017 34 <br />WHEREAS, the Board, as the record owner of the Property, desires to appoint one of its <br />members to take all actions necessary to complete the proposed subdivision of the Property, <br />which is entitled Leighton Plaza First Minor Subdivision, for the purpose of separating the <br />storefront units contained within the Leighton Parking Garage (the "Michigan Street Shops") <br />from the Property at large; and <br />WHEREAS, the South Bend Redevelopment Commission, the governing body of the <br />City of South Bend, Indiana, Department of Redevelopment (the "Commission'), exists and <br />operates pursuant to Ind. Code 36-7-14 (the "Act"); and <br />WHEREAS, the Board desires, after final approval and recordation of the proposed <br />subdivision plat, to convey the Michigan Street Shops to the Commission pursuant to Ind. Code <br />36-1-11-8 for the purpose of making the Michigan Street Shops available for re -use and <br />redevelopment in accordance with the Commission's purposes and powers under the Act; and <br />WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the <br />Board's conveyance of the Michigan Street Shops to the Commission and appointing a <br />representative to accept and record the deed received from the Board. <br />NOW, 'THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY OF SOUTH BEND AS FOLLOWS: <br />1. The Board accepts TRANSPO's conveyance of the Property to the City <br />accomplished by the Deed pursuant to the terms of the Lease. <br />2. The Board approves the subdivision of the Property and the Michigan Street <br />Shops and authorizes Member Elizabeth Maradik to execute the proposed subdivision plat and <br />take on the Board's behalf all other actions necessary to complete the subdivision of the <br />Property and the Michigan Street Shops, including recordation of the subdivision plat after its <br />final approval. <br />3. Conditioned upon final approval and recordation of the proposed subdivision <br />plat accomplishing the subdivision of the Property and the Michigan Street Shops, the Mayor <br />and the City Clerk, or the duly authorized designee(s) of each, are authorized and instructed to <br />execute and attest, respectively, a quit claim deed in the form attached hereto as Exhibit B <br />conveying all of the Board's right, title, and interest in the Michigan Street Shops to the <br />Commission, which form of deed will be completed with the necessary information to properly <br />identify the Michigan Street Shops upon the subdivision plat's final approval and recordation. <br />4. The Board authorizes Member Elizabeth Maradik to act on behalf of the Board <br />in delivering the quit claim deed to the Commission and executing any other document required <br />to effect the Board's conveyance of the Michigan Street Shops to the Commission. <br />5. This Resolution well be in full force and effect upon its adoption. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, <br />Indiana, held on February 14, 2017, at 1308 County -City Building, 227 West Jefferson <br />Boulevard, South Bend, Indiana 46601. <br />CITY OF SOUTH BEND <br />BOARD OF PUBLIC WORKS <br />s/ Gary A. Gilot <br />s/ Elizabeth A. Maradik <br />s/ Therese J. Doran <br />si James A. Mueller <br />ATTEST: <br />s/Linda M. Martin, Clerk <br />