2003-01-15 Resolution 150 - Laserfiche WebLink

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• RESOLUTION NO. 150 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY RESCINDING TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, on December 18, 2002 the South Bend Redevelopment Authority ("Authority") pursuant to Resolution No. 149 approved transfer of the Palais Royale Building to the South Bend Redevelopment Commission ("Commission") and on the same date the Authority executed an unrecorded Warranty Deed of said Real Property to the Commission and also executed an unrecorded Retention of Easement; and WHEREAS, the Commission's intended use of the subject Palais Royale Building did not come to fruition in that no bids were received for the Palais Royale Building at the Commission's meeting on December 30, 2002 which was scheduled for that purpose; and WHEREAS, it is in the City of South Bend's best interest that title in fee simple to the Palais Royale Building located at 105 West Colfax Avenue remain vested in the Authority and not in the Commission; and WHEREAS, because the Warranty Deed and Preservation of Easement executed by the Authority on December 18, 2002 were not recorded, the Authority can now invalidate said • documents. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AS FOLLOWS: 1. The original unrecorded Warranty Deed of the Palais Royale Building from the Authority to the Commission dated December 18, 2002 attached hereto is hereby declared and determined to be null, void and of no further force and effect, as is the Preservation and Retention of Permanent Easement for Use and Occupancy. 2. Full title in fee simple of the Palais Royale Building located at 105 West Colfax Avenue, shall remain vested in the Authority which also holds title to the contiguous Moms Performing Arts Center, the legal description for which Palais Royale Building is as follows: THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #1 IN THE RECORDED PLAT OF "MORRIS CIVIC MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 9836277 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID LOT #1 N. 89°-47'-12" W., 165.98