03/27/06 Board of Public Works Minutes

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REGULAR MEETING ~1;~RC1 I ~?, ~i)!)~~ WHEREAS, the City received title to the Property as a gift from Harry A. Engman, Jr. and his wife, Maud B. Engman in August, 1919 under the conditions that the Property be used for a public purpose and retain the Engman name on any building erected on the Property; and . , WHEREAS, South Bend Heritage Foundation, Inc. ("SBHF"), an Indiana not-for-profit corporation meeting the requirements of I.C. 36-1-1I-1(a)(7), was created for the purpose of planning, directing and coordinating economic and community revitalization within the City of South Bend, and desires to obtain ownership of the Property; and WHEREAS, SBHF intends to facilitate redevelopment of the Property for use as a civil rights center or another such public purpose under the operation of a public entit}~ such as a state educational institution and to utilize the Parking Lot in conjunction with the redevelopment and use of the Property; and WHEREAS, pursuant to an Order entered by the St. Joseph County Circuit Court, a copy of which is attached hereto and incorporated herein as Exhibit "A". the proposed use of Property for such purposes is a public purpose that will be bcnelicial w tJi~ community; and WHEREAS, the City is willing to transfer the Property and the Parking Lot to SBHF for the aforementioned purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public ~~~orl;s of thr City of South Bend, Indiana, as follo~~ s: (1) The City shall transfer to South Bend Heritage Foundation, Inc., the real property and improvements more particularly described as follows: Part of Bank Out Lot Numbered Eighty-Nine (89) of the Second Plat of Out Lots of the Town, now Ciri~ of South Bend. in St. Joseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-Nine (89); thence East 1 chain 82 4/5 links; thence South 144.54 feet to the North line of an alley; thence West on the North line of said alley 1 chain 82 4/5 links to the West line of said Lot Numbered Eighty-Nine (89); thence North 144. 54 feet to the place of beginning. (Commonly known as 1040 West Washington Street; Tax Key #18-3068-2605); and Lot Numbered Nineteen (19) as shown on the recorded Plat of Evans Subdivision of Bank Out Lot 88 to the City of South Bend (Tax Key # 18-3070-2721); and East one-half (1/2) of Lot Numbered Twenty (20) as shown on the recorded Plat of Evans Subdivision of Bank Out Lot 88 to the City of South Bend (Tax Key #18-3070-2720) (Commonly known as 1102 West Washington Street) (2) Such transfer shall to SBHF shall be in consideration of the stem of Ten and 00/l00 Dollars ($10.00) and shall further he suhjeet to rert:~,ii~ !:~.:;; and conditions set forth in a Purchase Agreement, the form of which is attached hereto and incorporated herein as Exhibit "B ". (3) The transfer of Property and the Parking Lot from City to SBHF shall be accomplished by Quit-Claim Deed, executed by the Mayor of the City of South Bend and attested to by the South Rend City Clerl<.