08/21/08 and 08/25/08 Board of Public Works Regular Minutes

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WHEREAS, the South Bend Community School Corporation (the "School Corporation") is the owner of the real property situated in the City of South Bend (the "City") described in Exhibit A (the "Real Property"); and WHEREAS, the City desires to acquire the Real Property as well as a utility easement for the installation of storm sewer piping described in Exhibit B (the "Easement")-, and WHERE-AS, the care, custody and control of the School Corporation real estate is vested in the Board of School Trustees of the School Corporation (the "School Board") pursuant to Indiana Code 20-26-5-4; WHEREAS, the School Corporation desires to transfer the Real Property and the Easement to the City in exchange for Two Hundred Thousand Dollars ($200,000) pursuant to Indiana Code 20-26-7-1; and WHEREAS, Indiana Code 36-1-11-8 permits the School Corporation and the City to transfer property upon terms and conditions agreed upon by the entities as evidenced by the adoption of substantially identical resolutions by the Board of Public Works of the City (the "Board") and the School Board; and WHEREAS, the School Board, at its meeting of August 4, 2008, adopted a resolution approving the transfer of the Real Estate and the Easement to the City for Two Hundred Thousand Dollars ($200,000); NOW THEREFORE, BE IT RE-SOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board hereby accepts the transfer of the Real Property and the Easement from the School Corporation for the sum of Two Hundred Thousand Dollars ($200,000). 1 The Board hereby authorizes and directs the Clerk of the City to record, or cause to be recorded, a deed conveying all of the right, title and interest of the School Corporation in and to the Real Estate to the City. 3. The Board hereby authorizes and directs the President of the Board to enter into and execute an agreement with the School Corporation granting the Easement to the City. 4. This Resolution shall be in full force and effect from and after its adoption • Adopted at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on August 25, 2008, in room 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. s/Gary A. Gilot, P.E., Board President s/Carl P. Littrell, P.E., Member s/Donald E. Inks, Member ATTEST: s/Linda M. Mai-tin, Clerk ADOPT RESOLUTION NO. 59-2008 - AMENDING RESOLUTIONNO. 38-2007 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: