HomeMy WebLinkAboutResolution No. 52-2016 - Transfer of 701 Portage Ave to DCIRESOLUTION NO. 52-2016
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND
REDEVELOPMENT COMMISSION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the `Board") has
custody of real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind.
Code 36-9-6-3; and
WHEREAS, the Board holds certain real property located in the City, comprised of a
building and surrounding land, commonly known as 701 Portage Avenue and more particularly
described in attached Exhibit A (the "Property"); and
WHEREAS, the South Bend Redevelopment Commission, the governing body of the City
of South Bend, Indiana, Department of Redevelopment (the "Commission"), exists and operates
pursuant to Ind. Code 36-7-14 (the "Act"); and
WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind.
Code 36-1-11-8 for the purpose of making the Property available for re -use and redevelopment in
accordance with the Commission's purposes and powers under the Act; and
WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the
Board's conveyance of the Property to the Commission and appointing a representative to accept
and record the deed received from the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
The Board approves the conveyance of the Property to the Commission.
2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, are
authorized and instructed to execute and attest, respectively, a quit claim deed in the form attached
hereto as Exhibit B conveying all of the Board's right, title, and interest in the Property to the
Commission.
3. The Board authorizes Member Elizabeth Maradik to act on behalf of the Board in
delivering the quit claim deed to the Commission and executing any other document required to
effect the Board's conveyance of the Property to the Commission.
This Resolution will be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana,
held on November 8, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTTST:
-riWa Martin, Clerk
4000.0000087 38626800.001
CITY OF SOUTH BEND
BOARD OF PUBLIC WO ;KS
Gary Gilot, President
z11 _
Theresg Dorau, M ber
Maradik, Member
James Mueller, Member
2
EXHIBIT A
Description of Property
Lots Numbered One (1), Two (2) and Three (3) as shown on the recorded Plat of St. Joseph County
Agricultural Society's Addition recorded December 16, 1871 in Plat Book 3, page 1 in the Office
of the Recorder of Saint Joseph County, Indiana.
Parcel Key No. 018-1057-2411
EXHIBIT B
Form of Quit Claim Deed
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the City of South Bend, Indiana, by and through its Board
of Public Works (the "Grantor" or the "City")
CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South Bend, for
the use and benefit of the Department of Redevelopment, by and through its governing body, the
South Bend Redevelopment Commission, 1400 S. County -City Building, 227 W. Jefferson Boulevard,
South Bend, Indiana (the "Grantee") for and in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the following real estate in St. Joseph
County, Indiana (the "Property"):
Lots Numbered One (1), Two (2) and Three (3) as shown on the recorded
Plat of St. Joseph County Agricultural Society's Addition recorded
December 16, 1871 in Plat Book 3, page 1 in the Office of the Recorder
of Saint Joseph County, Indiana.
Parcel Key No. 018-1057-2411
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify that
each has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary
to complete this conveyance on Grantor's behalf has been duly taken.
Dated this day of 2016.
GRANTOR:
City of South Bend, Indiana, by and through its Board of
Public Works
By:
Pete Buttigieg, Mayor
ATTEST:
By:
Kareemah Fowler, City Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this day of
2016, personally appeared Pete Buttigieg and Kareemah Fowler, to me known to be the
Mayor and City Clerk, respectively, of the City of South Bend, Indiana, the Grantor, and acknowledged
execution of the foregoing Quit Claim Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
Resident of
Commission expires:
_, Notary Public
County,
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Benjamin 1. Dougherty.
Prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend,
Indiana46601
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
November 1, 2016
David Relos
Department DCI
BPW Date November 8, 2016 Phone Extension 5836
Required Prior to Submittal to Board
Legal ® Attorney Name Ben Dougherty
Controller ❑ Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum
❑ Professional Services ® Resolution j3a ')'uw
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
❑ Other:
Company or Vendor Name Redevelopment
Commission
New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing
MBE/VVBE Contractor ❑ MBE ❑ WBE
Project Name
Project Number
Funding Source
Account No.
Amount $
Terms of Contract RDC to approve at their 11/10 meeting.
Purpose/Description To transfer the Firehouse Theatre building on Portage from BPW to the
RDC for redevelopment purposes. The Civic Theatre cancelled their lease
and has turned in the keys.
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Required For Change Orders Only
Amount of ❑ Increase $
❑ Decrease $
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Dispersal After Approval
Original
® BPW
❑ Ben Dougherty
❑ David Relos