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HomeMy WebLinkAboutApproving the Transfer of Certain Real Estate by the South Bend Board of Park Commissionsers to South Bend Redevelopment AuthorityRESOLUTION NO. 1770 -90 Passed by the Common Council of the City of South Bend, March 12, 19 90 Attest: C`-`� �'�^ ?^ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana March 13, 90 19 A."-, of Common Council. City Clerk Approved and signed by me _ /IU!lC/1l 1990 . F Mayor RESOLUTION NO. /,770-170 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF CERTAIN REAL ESTATE BY THE SOUTH BEND BOARD OF PARK COMMISSIONERS TO THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, on February 26, 1990, the South Bend Board of Park Commissioners, after a public hearing pursuant to I.C. 36- 1 -11 -3, adopted a Resolution indicating its intention to transfer certain real estate under its ownership and /or control, which real estate is within the South Bend Redevelopment Commission's South Bend Central Development Area, and is more completely described in said Resolution, which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority for public improvement; and, WHEREAS, the property to be transferred includes the seawall and walkway within Howard Park, the entire area comprising Viewing Park, the west river bank walkway near Century Center, all of which are owned by the South Bend Board of Park Commissioners, and the Morris Civic Auditorium Park, which is owned by the City of South Bend and is operated and controlled by the Board of Park Commissioners with the consent of the Board of Public Works; and, WHEREAS, it is not necessary for the Board of Park Commissioners to hold title to said properties in order to continue to operate them for Park purposes after the transfer of title to the Redevelopment Authority; and, WHEREAS, all real estate to be transferred is in need of public improvement; and, WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 and I.C. 36 -7- 14.5 -14, the South Bend Redevelopment Commission has entered into a lease agreement with the South Bend Redevelopment Authority for the financing and construction of public improvements within the South Bend Central Development Area, including the improvements to Howard Park sea wall and walkway, Viewing Park, the west river bank walkway near Century Center and the Morris Civic Auditorium Park; and, WHEREAS, the South Bend Redevelopment Authority is authorized by I.C. 36 -7- 14.5 -19 to issue bonds in order to finance public improvements in the South Bend Central Development Area as set forth in I.C. 36 -7- 14.5 -11, and the Authority intends to issue such bonds for public improvement in that area; and, WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority hold title to the real estate and public improvements to be made thereon with bond proceeds; and, WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said property by the Board of Park Commissioners is subject to the approval of the Mayor and the Common Council; and, WHEREAS, on February 27, 1990, the Mayor approved the Park Board Resolution indicating its intention to transfer said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City South Bend, Indiana, as follows: SECTION I. The transfer of the parcels of land comprising Howard Park walkway and seawall, Viewing Park, the west river bank walkway near Century Center, and the Morris Civic Auditorium Park, which parcels are located within the South Bend Central Development Area, and are more completely described in the Resolution of the South Bend Board of Park Commissioners Indicating its Intention to Transfer Certain Real Estate to the South Bend Redevelopment Authority, and which was adopted on February 26, 1990, and which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority pursuant to I.C. 36- 10- 4 -9(8) and I.C. 36- 1 -11 -3 for public improvement consistent with the purposes set forth in I.C. 36 -7 -14.5 is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. PRESENTED 3-1-)--9() NOT APPROVED ADOPTED ] - G -QL a-,,) C:CVP gLerof the mmon Coy it - 2 - RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF CERTAIN REAL ESTATE BY THE SOUTH BEND BOARD OF PARK COMMISSIONERS TO THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, on February 26, 1990, the South Bend Board of Park Commissioners, after a public hearing pursuant to I.C. 36- 1 -11 -3, adopted a Resolution indicating its intention to transfer certain real estate under its ownership and /or control, which real estate is within the South Bend Redevelopment Commission's South Bend Central Development Area, and is more completely described in said Resolution, which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority for public improvement; and, WHEREAS, the property to be transferred includes the seawall and walkway within Howard Park, the entire area comprising Viewing Park, the west river bank walkway near Century Center, all of which are owned by the South Bend Board of Park Commissioners, and the Morris Civic Auditorium Park, which is owned by the City of South Bend and is operated and controlled by the Board of Park Commissioners with the consent of the Board of Public Works; and, WHEREAS, it is not necessary for the Board of Park Commissioners to hold title to said properties in order to continue to operate them for Park purposes after the transfer of title to the Redevelopment Authority; and, WHEREAS, all real estate to be transferred is in need of public improvement; and, WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 and I.C. 36 -7- 14.5 -14, the South Bend Redevelopment Commission has entered into a lease agreement with the South Bend Redevelopment Authority for the financing and construction of public improvements within the South Bend Central Development Area, including the improvements to Howard Park sea wall and walkway, Viewing Park, the west river bank walkway near Century Center and the Morris Civic Auditorium Park; and, WHEREAS, the South Bend Redevelopment Authority is authorized by I.C. 36 -7- 14.5 -19 to issue bonds in order to finance public improvements in the South Bend Central Development Area as set forth in I.C. 36 -7- 14.5 -11, and the Authority intends to issue such bonds for public improvement in that area; and, WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority hold title to the real estate and public improvements to be made thereon with bond proceeds; and, WHEREAS, pursuant to I.C. 36- 1 -11 -3, the transfer of said property by the Board of Park Commissioners is subject to the approval of the Mayor and the Common Council; and, WHEREAS, on February 27, 1990, the Mayor approved the Park Board Resolution indicating its intention to transfer said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City South Bend, Indiana, as follows: The transfer of the parcels of land comprising Howard Park walkway and seawall, Viewing Park, the west river bank walkway near Century Center, and the Morris Civic Auditorium Park, which parcels are located within the South Bend Central Development Area, and are more completely described in the Resolution of the South Bend Board of Park Commissioners Indicating its Intention to Transfer Certain Real Estate to the South Bend Redevelopment Authority, and which was adopted on February 26, 1990, and which is attached hereto and made a part hereof, to the South Bend Redevelopment Authority pursuant to T.C. 36- 10- 4 -9(8) and I.C. 36- 1 -11 -3 for public improvement consistent with the purposes set forth in I.C. 36 -7 -14.5 is hereby approved. ADOPTED this 12th day of March, 1990. C:CVP Member of the moron ncil - 2 - .A RESOLUTION NO. A RESOLUTION OF THE SOUTH BEND BOARD OF PARK COMMISSIONERS INDICATING ITS INTENTION TO TRANSFER CERTAIN REAL ESTATE TO THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, the South Bend Board of Park Commissioners is the owner of Howard Park, Viewing Park, the West Riverbank walkway near the Century Center, all of which are within the South Bend Redevelopment Commission's South Bend Central Development Area; and, WHEREAS, the Board of Public Works of the City of South Bend is the owner of the Morris Civic Auditorium Park, which property is and has been operated and controlled, with the consent of the Board of Public works, by the South Bend Board of Park Commissioners for Park purposes, and which property is within the South Bend Redevelopment Commission's South Bend Central Development Area; and, WHEREAS, the sea wall and walkway within Howard Park, the entire area comprising Viewing Park, the West Riverbank walkway near Century Center and the Morris Civic Auditorium Park are in need of public improvements; and, WHEREAS, pursuant to I.C. 36 -7 -14 -25.2 and I.C. 36 -7- 14.5 -14 the South Bend Redevelopment Commission has entered into a lease agreement with the South Bend Redevelopment Authority for the financing and construction of public improvements within the South Bend Central Development Area, including the improvements to Howard Park sea wall and walkway, Viewing Park, the West Riverbank walkway near Century Center and the Morris Civic Auditorium Park; and, WHEREAS, pursuant to I.C. 36 -7- 14.5 -19 the South Bend Redevelopment Authority is authorized to issue bonds in order to finance public improvements in the South Bend Central Development Area as set forth in I.C. 36 -7- 14.5 -11 and the Authority intends to issue such bonds for public improvements in the South Bend Central Redevelopment Area; and, WHEREAS, I.C. 36 -7- 14.5 -11 requires that the South Bend Redevelopment Authority hold title to the real estate and the public improvements to be made thereon by the South Bend Redevelopment Authority pursuant to I.C. 36 -7 -14.5; and WHEREAS, pursuant to I.C. 36- 10- 4 -9(8) the Board of Park Commissioners may transfer title to Park property to another entity of the City; and, WHEREAS, parcels of land hereunder transferred by the Board of Park Commissioners to the South Bend Redevelopment Authority for public improvement will continue to be used for Park purposes and it is not necessary for the Board of Park Commissioners to hold title to said real estate in order to continue such use; and WHEREAS, the Board of Park Commissioners desires to transfer the Howard Park sea wall and walkway, the parcels of land comprising Viewing Park, the West Riverbank walkway near the Century Center, and the Board of Public Works and Board of Park Commissioners desire to transfer the Morris Civic Auditorium Park, all of which properties are more fully described in Exhibits A, B, C and D attached hereto and made a part hereof, to the South Bend Redevelopment Authority so that the Authority can make public improvements thereon under the lease with the South Bend Redevelopment Commission and pursuant to I.C. 36 -7- 14.5 -11; and WHEREAS, pursuant to I.C. 36- 1 -11 -3 the Board of Park Commissioners has been designated by the Mayor as the entity to hold a public hearing on the transfer of said Park property and the Morris Civic Auditorium Park, and the Board of Park Commissioners has published notice pursuant to I.C. 5 -3 -1 of its public hearing held this date; and WHEREAS, pursuant to I.C. 36- 1 -11 -3 the transfer of said property is subject to the approval of the Mayor and the Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PARK COMMISSIONERS AS FOLLOWS: The parcels of land comprising Howard Park walkway and sea wall, Viewing Park, the West Riverbank walkway near Century Center and the Morris Civic Auditorium Park, which parcels are located within the South Bend Central Development Area and are more completely described in Exhibits A, B, C and D attached hereto and made a part hereof, shall be transferred to the South Bend Redevelopment Authority pursuant to I.C. 36- 10- 4 -9(8) and I.C. 36- 1 -11 -3 for public improvement consistent with the purposes set forth in I.C. 36 -7 -14.5, subject to the approval of the Mayor and the South Bend Common Council. The Board of Public Works shall take all steps necessary to facilitate and effectuate the transfer of the Morris Civic Auditorium Park to the South Bend Authority. The President or vice President and the Secretary of the Board of Park Commissioners are the proper parties to execute the deeds transferring the Howard Park walkway and sea wall, Viewing Park, and the West Riverbank walkway near Century Center, and the Mayor and City Clerk are the proper parties to execute the deeds transferring the Morris Civic Auditorium Park. Adopted this day of �� ems, 1990. IV SOUTH BEND BOARD OF PARK COMMISSIONERS o�Lc'A.,c ✓ ��L2��,/ Gwen StIver, President ATTEST: n i Bert Nie.g dski, Secretary Approved this __4Z_ day of February, 990. oseph Kernan, Mayo PKIRN:R- Parkcommissioners EXHIBIT A Howard Park Wall and Sidewalk Improvement Project The seawall and sidewalk in Howard Park along the St. Joseph River more particularly described as: commencing at the northwest corner of Lot 4 in Heck's Addition, also situated in the west half (1/2) of the northeast quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence southeast along the east side of the St. Joseph River for approximately 1200 feet to the southeast corner of Lot 19, thence north for 20 feet, thence northwest parallel to the east side of the St. Joseph River for approximately 1200 feet, the north line of Lot 4, thence west for 20 feet back to the point of beginning. EXHIBIT B Viewing Park Walkway and Improvements Project The river bank area between Northside Boulevard and the St. Joseph River from Howard Park to Sample Street, more particularly described as: The Southeast Quarter of Section Twelve (12), Township Thirty -seven (37) North, Range two (2) East, city of South Bend, St. Joseph County, Indiana. Beginning at the southeast corner of Lot 213 of Heck's Addition and the easterly edge of the waters of the St. Joseph River; thence meandering southeasterly and south along said easterly water's edge to the point of intersection with the north right -of -way line of Sample Street projected; thence northeast along said projected north right -of -way line of Sample Street to the west right -of -way line of Northside Boulevard; thence Northwesterly and North along said West right -of -way line of Northside Boulevard to the East lot line of Lot 213 of Heck's Addition; thence south along said east lot line a distance of fifteen (15) feet, more or less, back to the point of beginning. The total area of the project site is approximately 6 acres. EXHIBIT C West River Bank Lighting and Improvements Project The public walkways on the western bank of the St. Joseph River from LaSalle Street on the north to Karl King Tower on the south, more particularly described as: Commencing at the southwest corner of Lot 1 in Heck's Addition, also situated in the west half (1/2) of the northeast quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence west along the north side of Jefferson Boulevard for 290.00 feet to the point of beginning; thence northwest for 111.26 feet, thence northwest for 129.18 feet, thence northwest for 146.45 feet, thence northwest for 124.87 feet, thence southeast running along the east side of the St. Joseph River for approximately 380.00 feet, also being the north side of Jefferson Boulevard, thence east for 145.00 feet back to the point of beginning; and Commencing at the southeast corner of Colfax (U.S. 20) and the St. Joseph Street, also being the northwest corner of Tract 3 in the River Bend Addition and situated in the east half (1/2) of the northwest quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence southeast for 140.00 feet, thence southeast for 250.79 feet, thence due south along the radius for 117.8 feet, thence southeast for 122.42 feet, thence southeast for 134.06 feet, thence northeast for 74.66 feet, thence northwest for 113.4 feet, thence west for 29.7 feet, thence northwest for 17.27 feet, thence northeast for 27.47 feet, thence north for 45.54 feet, thence northwest for 64.38 feet, thence northwest for 38.49 feet, thence southwest for 24.41 feet, thence northwest for 178.5 feet, thence northeast for 10.75 feet, thence northwest for 34.2 feet, thence southwest for 10.75 feet, thence northwest for 57.6 feet, thence north for 83.94 feet, thence west for 95 feet back to the point of beginning; and Commencing at the northeast corner of Monroe Street and Lincolnway East, also being the southeast corner of Tract 8 (Key #34 -83) in the River Bend Addition and situated in the west half (1/2) of the southeast quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence 399.68 feet along the east line of said tract to the point of beginning; thence south 52 °07142" west, 190.00 feet, thence north 46 °02106" west, 180.00 feet, thence north 65 047118" west, 460 feet, thence north 38 °42121" west, 236.98 feet, thence north 70 °06130" west, 50.00 feet, thence north 04 039138" west, 40.00 feet, thence north 65 042129" east, 10.00 feet, thence north 25 039111" west, 425.12 feet, thence north 25 046129" west, 232.03 feet, thence north 53 °10113" west, 108.76 feet, thence north 25 055132" west, 90.64 feet, thence north 19 °47116" west, 156.66 feet, thence north 87 040109" east, 94.06 feet, thence south 28 °59150" east, 145.12 feet, thence south 23 006110" east, 140.73 feet, thence south 26 026127" east 149.84 feet, thence south 20 °04137" east, 152.26 feet, thence south 22 053119" east, 167.55 feet, thence south 34 °56119" east, 224.42 feet, thence south 31 026114" east, 157.37 feet, thence south 45 °43142" east, 161.61 feet, thence south 64 047126" east, 159.34 feet, thence south 68 °04155" east, 228.93 feet, thence south 76 010138" east, 234.62 feet back to the point of beginning; and Commencing at the northwest corner of Colfax (U.S. 20) and St. Joseph Street, also being the southeast corner of Lot 91 in the River Bend Addition and situated in the west half (1/2) of the northwest quarter (1/4) of Section Twelve (12), Township 37 north, Range 2 east; thence northwest 228.43 feet along the east right -of -way line of St. Joseph Street, thence north 87.18 feet along the east right -of -way line of St. Joseph street, thence southeast for 108.76 feet, thence southeast for 430.00 feet along the St. Joseph River back to the point of beginning. EXHIBIT D The lawn in front of the Morris Civic Auditorium at 211 North Michigan Street, more particularly described as: Morris Civic public right -of -way legal description as follows: A part of the northwest quarter of Section 12, Township 37 north, Range 2 east, City of South Bend, St. Joseph County, Indiana, described more particularly as follows: Commencing at the northeast corner of the Michigan Street and Colfax Avenue right -of -ways; thence due north a distance of 264 feet, thence southwest along the north -south curb on the east side of Michigan Street to the north right -of -way line of Colfax Avenue, a distance of 284 feet; thence due east a distance of 45 feet back to the point of beginning; and A part of the northwest quarter of Section 12, Township 37 north, Range 2 east, City of South Bend, St. Joseph County, Indiana, described more particularly as follows: Beginning at the intersection of the east boundary of North Michigan Street (USR #31) and the north boundary of East Colfax Street; thence north 89 degrees 39 minutes 37 seconds east a distance of 244.07 feet; thence north 20 degrees 24 minutes 52 seconds west a distance of 53.52 feet; thence northwesterly a distance of 153.59 feet along an arch to the left and having a radius of 243.98 feet and subtended by a long chord having a bearing of North 38 degrees 26 minutes 55 seconds west and a length of 151.07 feet; thence north 56 degrees 28 minutes 59 seconds west a distance of 96.35 feet; thence northwesterly a distance of 56.94 feet along an arc to the left and having a radius of 148.28 feet and subtended by a long chord having a bearing of north 69 degrees 59 minutes 03 seconds west and a length of 56.59 feet; thence south 00 degrees 28 minutes 59 seconds east a distance of 242.50 feet to the place of beginning. Said tract contains 39,958 square feet (0.917 acres) more or less.