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Home My WebLink AboutResolution No. 05-2017 - Leighton Subdivision & Transfer of Michigan St. Shops to RDCRESOLUTION NO. 05-2017 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, AUTHORIZING A MEMBER TO EXECUTE SUBDIVISION DOCUMENTS, AND 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, pursuant to the terms of a certain Lease between the Board and the South Bend Public Transportation Corporation ("TRANSPO") dated November 15, 2000 (the "Lease"), TRANSPO conveyed to the City certain real property, commonly known as the Leighton Parking Garage property and more particularly described in attached Exhibit A (the "Property"), by the Corporate Quitclaim Deed dated January 25, 2017, and recorded on January 31, 2017, as Document No. 1702510 in the Office of the Recorder of St. Joseph County (the "Deed"); and WHEREAS, the Board desires to express its acceptance of the Deed conveying the Property to the City under the terms of the Lease; and WHEREAS, the Board, as the record owner of the Property, desires to appoint one of its members to take all actions necessary to complete the proposed subdivision of the Property, which is entitled Leighton Plaza First Minor Subdivision, for the purpose of separating the storefront units contained within the Leighton Parking Garage (the "Michigan Street Shops") from the Property at large; 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, after final approval and recordation of the proposed subdivision plat, to convey the Michigan Street Shops to the Commission pursuant to Ind. Code 36-1-11-8 for the purpose of making the Michigan Street Shops 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 Michigan Street Shops 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: 1. The Board accepts TRANSPO's conveyance of the Property to the City accomplished by the Deed pursuant to the terms of the Lease. 2. The Board approves the subdivision of the Property and the Michigan Street Shops and authorizes Member Elizabeth Maradik to execute the proposed subdivision plat and take on the Board's behalf all other actions necessary to complete the subdivision of the Property and the Michigan Street Shops, including recordation of the subdivision plat after its final approval. 3. Conditioned upon final approval and recordation of the proposed subdivision plat accomplishing the subdivision of the Property and the Michigan Street Shops, 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 Michigan Street Shops to the Commission, which form of deed will be completed with the necessary information to properly identify the Michigan Street Shops upon the subdivision plat's final approval and recordation. 4. 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 Michigan Street Shops 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 February 14, 2017, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUB,UC WORKS }�' J 4./ � Gary Gilot, President Therese Dorau, Member Suzann Fritzberg Member Elizabeth Maradik, Member Ja s Mueller, Member ATTEST: Lin a Martin, Clerk 4000.0000038 40903118.001 EXHIBIT A Description of Property Lot Lettered "A" as shown on the recorded plat of Leighton Plaza Re -plat of the City of South Bend Original Plat, recorded June 15, 1999 as Document Number 9927350 in the Office of Recorder of St. Joseph County, Indiana. [Parcel Key No. 018-3006-0190] 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 2 through 9 as shown on the recorded plat of Leighton Plaza First Minor Subdivision recorded on February _, 2017, as Document No. n the Office of the Recorder of Saint Joseph County, Indiana. Parcel Key Nos.: 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 , 2017. 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 2017, 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. , Notary Public Resident of County, Commission expires: I affirm, under the penalties for pejury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Benjamin J. Dougherty. Prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM February 7, 2017 David Relos Department DCI BPW Date February 14, 2017 Phone Extension 5836 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 ADuroprlate Item TVDe — Reauired for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ® Resolution ❑ 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: Required Information Company or Vendor Name Redevelopment Commission New Vendor MBEM/BE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Yes ❑ No ❑ If Yes, Approved by Purchasing I MBE ❑ WBE Leighton subdivision & transfer of Michigan St. Shops to RDC Subject to Feb. 16 Plat Committee approval To subdivide the shops from the larger parcel and transfer them to the RDC. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc I Required For Chanqe Orders OnIV I Amount of Increase Decrease Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ® BPW ® ❑ Ben Dougherty ® ❑ David Relos