HomeMy WebLinkAboutResolution No. 55-2016 - Transfer of Real Property to the SB Board of Park CommissionersRESOLUTION NO.55-2016
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND
BOARD OF PARK COMMISSIONERS
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "BPW") 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 South Bend Board of Park Commissioners (the "Park Board") exists and
operates pursuant to Ind. Code 36-10-3 and 36-10-4; and
WHEREAS, the BPW holds certain real property (the "Property") located in the City and
comprising a portion of the land and improvements known as Seitz Park; and
WHEREAS, the BPW and the Park Board are signatories to that certain Memorandum of
Understanding between the University of Notre Dame du Lac (the "University") and the City dated
June 30, 2016 (the "MOU"); and
WHEREAS, the MOU sets forth the parties' understanding concerning their mutual
undertakings to facilitate the University's construction and operation of a hydroelectric power
generation facility on the Property and along the St. Joseph River (the "Project") and to restore
Seitz Park after construction of the Project; and
WHEREAS, to facilitate the Project as stated in the MOU, the City, acting through the Park
Board, intends to enter into a ground lease with the University for certain real property in and
around Seitz Park, including the Property; and
WHEREAS, to carry out the parties' intentions stated in the MOU, the BPW desires to
convey the Property to the Park Board pursuant to Ind. Code 36-1-11-8 for purposes of facilitating.
the Project and for park purposes following the completion of construction of the Project; and
WHEREAS, on November 21, 2016, the Park Board adopted its Resolution 0006-2016
accepting the BPW's transfer of the Property in accordance with Ind. Code 36-10-3-18(a); and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
1. The BPW approves the conveyance of the Property to the Park Board.
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 A conveying all of the BPW's right, title, and interest in the Property to the
Park Board.
1
3. The BPW authorizes Member Elizabeth Maradik to act on behalf of the BPW in
delivering the quit claim deed to the Park Board and executing any other document required to
effect the BPW's conveyance of the Property to the Park Board.
4. 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 22, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
i da Martin, Clerk
1300.0000011 55666142.001
CITY OF SOUTH BEND
BOARD PUBLIC/
Y
Gary Gil�ot�,,President
Therese Dorau, Member
Suzanna ritzberg, Member.
Elizabeth Maradik, Member
James Mueller, Member
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EXHIBIT A
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")
CONVEYS AND QUIT CLAIMS TO the City of South Bend, Indiana, for the use and benefit of its Parks
and Recreation Department, acting by and through its Board of Park Commissioners, 321 E. Walter St.,
South Bend, Indiana, 46614 (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 real estate located in St.
Joseph County, Indiana, and more particularly described in attached Exhibit I (the "Property").
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.
[Signature page follows.]
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 Kareemab 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.
Commission expires:
. Notary Public
Resident of 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 late. Benjrunin J. Dougherty.
Prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
Exhibit 1
Description of Property
A tract of land along the East bank of the St. Joseph River, from the East Race to approximately
4.5 feet North of the South line of Lot Number 8 in the recorded Plat of Miller and Green's First
Addition to the Town of Lowell, now City of South Bend, Indiana, said tract more particularly
described as follows, viz:
Beginning at a point 273.00 feet South of the South line of Colfax Avenue, measured at right
angles to said South line, and 220.42 feet West of the West line of Gintz Avenue (Race Street) as
measured parallel with the South line of Colfax Avenue, said South line of Colfax Avenue having
a bearing of due East and West; thence North 90°00'00" East, a distance of 16.37 feet; thence
South 24°35'05" East, 225.00 feet; thence South 17°48'04" East, 66.26 feet; thence South
41°00'29" East, 31.37 feet; thence South 46°05'35" East, 131.29 feet; thence North 54°14'36"
East, a distance of 32.03 feet to the approximate West line of the East Race, now abandoned;
thence South 03°32'26" East along the approximate West line of the East Race, a distance of 1.20
feet; thence continuing along the approximate West line of the East Race, South 0395'10" West
8.90 feet to the beginning of a meander line approximately and lying inside of a concrete retraining
wall along the St. Joseph River; thence South 53°0' 15" West along said meander line, a distance
of 32.89 feet; thence North 46°28'39 West, 138.62 feet; thence North 40°07'21" West, 34.03 feet;
thence North 26'17'33" West, 194.85 feet; thence North 20'16' 19" West, 103.82 feet to the point
of beginning.
EXCEPT THE FOLLOWING:
Tract I: That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green's 1st
Addition to the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which
is described as beginning at a point which is South 26°17'33" East, 109.20 feet, and South
20'1.5'43" East, 103.83 feet (20°16'19" East, record) and South 273.00 feet from a point on the
South line of Colfax Street which is West, 220.42 feet from the West line of Gintz Avenue; thence
57°43'06" East, 19.64 feet; thence South 24°36'05" East, 21.77 feet; thence South 17°48'04" East,
66.26 feet; thence South 41°00'29" East, 31.37 feet; thence South 46°05'35" East, 42.47 feet;
thence South 44°13'06" West, 9.17 feet; thence North 46°28'30" West, 42.54 feet; thence North
40°07'21" West, 34.03 feet; thence North 26°17'33" West, 85.65 feet to the point ofbeginning.
Tract II: That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green's 1st
Addition to the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which
is described as: Beginning at a point which is North 57°43'06" East, 19.64 feet and South
26°17'35" East, 109.20 feet and South 20°15'43" East, 103.83 feet (South 20°16' 19" East, record)
and South, 273.00 feet from a point on the South line of Colfax Street which is West, 220.42 feet
from the West line of Gintz Avenue; thence North 57°43'06" East, 25.54 feet; thence South
32°16'54" East, 149.75 feet; thence South 84°46'04" West, 41.28 feet (South 83°47'55" West,
record); thence North 46°05'35" West, 14.66 feet; thence North 41°00'29" West, 31.37 feet;
thence North 17°48'04" West, 66.26 feet; thence North 24°35'05" West, 21.77 feet to the Point of
Beginning.
Tract III: A parcel of land described as commencing at the intersection of the South right-of-way
line of Colfax Avenue with the West right-of-way line of Niles Avenue; thence North 89054'00"
West, along said South right-of-way line, a distance of 232.26 feet to the Easterly right-of-way
line of Gintz Avenue; thence South 5°53'22" East, along said Easterly right-of-way line, a distance
of 274.46 feet; thence South 5°27'44" East along said Easterly right-of-way line, a distance of
137.81 feet; thence South 3°34'50" East, a distance of 84.04 feet to the place of beginning for this
description; thence South 3°34'50" East, a distance of 144.46 feet; thence South 3°12'46" West,
a distance of 8.90 feet; thence South 52°57'51" West, a distance of 32.89 feet to the Easterly
meander line of the St. Joseph River; thence North 46°31'03" West along said Easterly meander
line, a distance of 132.0 feet; thence North 83°47'35" East, a distance of 104.54 feet; thence North
3°34'50" West, a distance of 70.00 feet; thence North 86°25'10" East, a distance of 13.99 feet to
the place of beginning.
Tax Parcel No. 018-5001-000501