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ORDINANCE NO. ~ ZZ~ --O ~ <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, APPROVING THE <br />TRANSFER TO THE SOUTH BEND COMMUNITY <br />SCHOOL CORPORATION OF PARK PROPERTY IN <br />POTAWATOMI PARK AND THE EAST HALF OF <br />GREENLAWN AVENUE <br />STATEMENT OF PURPOSE AND INTENT <br />The City of South Bend, Indiana, for the use and benefit of its Park Department (hereinafter, <br />the "Park Department"), owns certain real property located in the City and being more particularly <br />described at Exhibit A (the "Park Property"). Pursuant to I.C. 36-10-4-9(a), said lands are under the <br />exclusive control of the Board of Park Commissioners of the Park District of the City (hereinafter, <br />the "Park Board"). <br />The Property is located adjacent to Greenlawn Avenue between Wall Street and Mishawaka <br />Avenue. An Ordinance vacating said portion of Greenlawn was previously approved by this <br />Common Council which Ordinance shall be effective in accordance with its terms. Upon the <br />effective date of the vacation, the property described at Exhibit B will revert to the ownership of the <br />Park Department (the "Greenlawn Property"). At its meeting ofNovember 20, 2000, the Park Board <br />determined that the Greenlawn Property is not required for park purposes and authorized the transfer <br />of the Greenlawn Property to the South Bend Community School Corporation (the "School <br />Corporation") upon the effective date of the vacation for its use in the expansion of Adams High <br />School (the "Project"). At its meeting of March 19, 2001, the Park Board determined that the Park <br />Property is not required for park purposes and authorized the transfer of the Park Property to the <br />School Corporation for purposes of the Project, subject to the terms and conditions set forth in the <br />Memorandum of Understanding contained at Exhibit C (the "Memorandum"). <br />Pursuant to I.C. 36-10-4-18, Common Council approval of the transfer of the Property is <br />required. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br />OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section 1. The transfer of the Park Property and the Greenlawn Property to the School <br />Corporation is approved, subject to the terms and conditions as previously set forth in the <br />Memorandum. <br />ODMA\MHODMA\SB IMAN 1;78039; 3 <br />