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<br /> REGULAR MEETING NOVEMBER 21, 2011 382
<br /> RESOLUTION NO. 81-2011
<br /> A RESOLUTION OF THE BOARD OF PUBLIC WORKS
<br /> OF THE CITY OF SOUTH BEND, INDIANA
<br /> ACCEPTING THE TRANSFER OF REAL PROPERTY
<br /> FROM THE SOUTH BEND DEPARTMENT OF REDEVELOPMENT
<br /> AND AUTHORIZING TRANSFER TO NON-PROFIT CORPORATION
<br /> WHEREAS, the City of South Bend, Indiana, Boazd of Public Works (the "Boazd") has '
<br /> custody of and may maintain and dispose of all real property owned by the City of South Bend,
<br /> Indiana(the "City")pursuant to I.C. 36-9-6-3 and I.C. 36-1-11-1; and
<br /> WHEREAS, pursuant to I.C. 36-I-11-8, the City, acting by and through the Boazd, may
<br /> transfer or exchange property with another governmental entity upon terms and conditions
<br /> agreed upon by the two (2) entities as evidenced by the adoption of substantially identical
<br /> resolutions of each entity; and
<br /> WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the
<br /> governing body of the South Bend, Indiana, Department of Redevelopment (the "DepartmenP')
<br /> and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment
<br /> DistricY'), exists and operates under the provisions of I.C. 36-7-14, as amended from time to time
<br /> (the "AcY') and is a body corporate and politic; and
<br /> WHEREAS, the Department, by and through the Commission, has presented to the
<br /> Boazd, a request for the transfer to the Boazd of certain real property previously acquired by the
<br /> Commission commonly known as the Kizer House and more particularly described at Exhibit A
<br /> (the"Property"); and
<br /> WHEREAS, the request provides that the Board will then transfer the Property to
<br /> Historic Landmazks Foundation of Indiana, Inc. ("HLFI"), a non-profit corporation whose
<br /> charter or articles of incorporation allows the corporation to take action for the preservation of '
<br /> historic property; and
<br /> WHEREAS, the City, through the Board, desires to accept the transfer of the Property
<br /> from the Department and thereafter, to transfer the property to HLFI; and
<br /> WHEREAS, it is contemplated that the Department, through the Commission, will adopt
<br /> a resolution consistent with the requirement of Indiana § 36-1-11-8.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
<br /> OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
<br /> 1. The transfer of the Property described at Exhibit A situated in St. Joseph County,
<br /> Indiana, by the South Bend Redevelopment Commission to the South Bend Boazd of Public
<br /> Works shall be, and hereby is, approved and accepted, subject to the adoption by the
<br /> Commission of a substantially identical resolution.
<br /> 2. The transfer of the Property by the Board to HLFI shall be, and hereby is,
<br /> approved and authorized subject to the conveyance of the Property to the Board.
<br /> 3. Donald Inks, a member of the Boazd, is appointed and authorized to act on '
<br /> behalf of the Board in executing any documents necessary to effect the intent of the Boazd,
<br /> pursuant to the terms and conditions evidenced by this Resolution.
<br /> 4. This Resolution shall be in full force and effect upon its adoption by the Boazd
<br /> and upon the adoption of a substantially similaz resolution of the Commission. The transfer of
<br /> the Property shall not be effective until deeds are duly recorded effecting the same.
<br /> ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
<br /> held on November 21, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard,
<br /> South Bend, Indiana 46601.
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