12/20/12 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 20, 2012 406 Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department ") and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District "), exists and operates under the provisions of I.C. 36 -7 -14, as amended from time to time (the "Act ") and is a body corporate and politic; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City ") pursuant to I.C. 36- 9 -6 -3; and WHEREAS, the Board ° requires certain parcels of land previously acquired by the Commission and more particularly described at Exhibit A (the "Property ") for the development of infrastructure projects for the benefit of the citizens of the City; and WHEREAS, the Department, by and through the Commission, is willing to transfer the Property to the Board; and WHEREAS, pursuant to I.C. 36- 1 -11 -8, the Commission and the Board, may authorize the transfer and acceptance of property between governmental entities 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, the Department, through the Commission, has authorized the staff of the Department to approve and execute quitclaim deeds effecting the transfer of the Property; and WHEREAS, it is contemplated that the Commission will adopt a resolution consistent with the requirement of Indiana § 36- 1 -11 -8. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: I . The transfer of the Property described at Exhibit A situated in St. Joseph County, Indiana, by the South Bend Redevelopment Commission, to the Board of Public Works, for and on behalf of the City of South Bend shall be, and hereby is, approved. 2. The staff of the City of South Bend, Department of Public Works shall be, and hereby are, authorized to accept quit -claim deeds or any other instruments necessary to convey all of the right, title and interest in the Property to the City of South Bend pursuant to the terms and conditions evidenced by this Resolution and to cause them to be recorded with the Recorder's Office of St. Joseph County, Indiana. 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 Commission. The transfer of the Property shall not be effective until deeds are duly recorded effecting the same. ADOPTED at a meeting of the South Bend Board of Public Works held on December 20, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot sl Donald E. Inks s/ Michael C. Mecham sl Mark W. Neat