05/23/11 Board of Public Works - Laserfiche WebLink

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REGULAR MEETING MAY 23, 2011 182 WHEREAS, the State of Indiana, by and through the Indiana Department of Transportation (collectively, the "State"), has presented the City of South Bend, Indiana, by and through its Board of Public Works (collectively, the "City"), a Uniform Land or Easement Acquisition Offer (the "Offer") for a portion of a certain parcel of land identified as Parcel 97 of Project STP-S050(007) and more particularly described in Exhibit A and depicted in Exhibit B {the"Property"); and WHEREAS, the Offer provides that the City will transfer the Property to the State to complete a road project along the SR 23 corridor within the city limits of the City of South Bend; and WHEREAS, the City, through the Board of Public Works (the "Board"), desires to donate the Property to the State and authorize the Mayor to approve and execute such instruments and documents as may be necessary to effect the transfer of the Property and the City Clerk to attest such documents; and WHEREAS, pursuant to Ind. Code § 36-1-11-8, the City may transfer or exchange property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, it is contemplated that the State, through the appropriate entity or official, will adopt a resolution consistent with the requirement of Ind. Code § 36-1-11--8; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The transfer of the Property described in Exhibit A and depicted in Exhibit B situated in St. Joseph County, Indiana, by the City of South Bend, Indiana to the State of Indiana, by and through the Indiana Department of Transportation shall be, and hereby _.:_.:..:.... is, approved. 2. The Mayor and the City Clerk shall be, and hereby are, authorized to approve the form of and execute and attest, respectively, such instruments and documents as may be necessary to convey all of the right, title and interest in the Property to the State pursuant to the terms and conditions evidenced by this Resolution. 3. This Resolution shall be in full force and effect upon its adoption by the Board and upon the adoption of a substantially similar resolution of the appropriate body or official of the State. The transfer of the real estate shall not be effective until a deed is duly recorded effecting the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on May 23, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member s/Donald Inks, Member ATTEST: s/Linda Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: