HomeMy WebLinkAboutNo. 2126 approving the transfer of real property to the SBCSC Board of School TrusteesRESOLUTION NO 2126
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING THE TRANSFER OF REAL PROPERTY TO THE
SOUTH BEND COMMUNITY SCHOOL CORPORATION
BOARD OF SCHOOL TRUSTEES
WHEREAS, the South Bend Redevelopment Commission ("Commission-) is the governing
body of the City of South Bend Department of Redevelopment ("City"); and
WHEREAS, the Board of School Trustees ("Board") is the fiscal body of the South Bend
Community School Corporation ("School Corporation"); and
WHEREAS, the City acting by and through the Commission and the School Corporation, are
parties to an Amended and Restated Agreement Between the South Bend Community School
Corporation and the South Bend Redevelopment Commission Related to the School Administration
Relocation Project having an effective date of November 19, 2004 ( "Agreement"); and
WHEREAS, under the terms of the Agreement, the Commission has heretofore accepted
title to the real property and improvements located at 215 South St. Joseph Street, more commonly
known as the Century Building located at 215 South St. Joseph Street, which is more particularly
described as Lot Numbered Forty-Nine (49) as shown on the Original Plat of the Town, now City,
South Bend, Indiana, excepting therefrom the West Fifteen (15) feet ("Property"); and
WHEREAS, consistent with the terms and conditions expressed in the Agreement, the
Commission desires to transfer the Property to the School Corporation in order to facilitate retention
of the School Corporation Administrative offices within the central business district of the City of
South Bend and the School Corporation desires to accept the transfer of Property from the
Commission; and
WHEREAS, pursuant to I.C. 36-7-14-8, the Conunission may dispose of the Property and
pursuant to I.C. 20-5-2-2, the care, custody and control of School Corporation real estate is vested in
the Board of School Trustees; and
WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting through the Commission and the
School Corporation acting by and through the Board of School Trustees, may exchange or transfer
property with another governmental entity upon terms and conditions agreed upon by the two (2)
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entities as evidenced by the adoption of substantially identical resolutions of each entity; and
WHEREAS, South Bend Community School Corporation Board of Trustees at its meeting of
February 7, 2005 will consider a resolution substantially equivalent to this resolution accepting the
transfer of the Property from the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. The transfer of title to the Property situated in St. Joseph County, Indiana described
as Lot Numbered Forty-Nine (49) as shown on the Original Plat of the Town, now City,
South Bend, Indiana, excepting therefrom the West fifteen (15) feet, and more commonly
known as 215 South St. Joseph Street by the City of South Bend, Department of
Redevelopment to the South Bend Community School Corporation Board of Trustees shall
be, and hereby is, approved.
2. Legal Counsel is hereby directed and authorized to prepare the necessary
documentation to effect the transfer of Property to the School Corporation.
3. The President or Vice President and the Secretary of the South Bend
Redevelopment Commission shall be, and hereby are, authorized, respectively, to
execute and attest to the execution of a quit claim deed conveying its right, title and
interest in the Property to the South Bend Community School Corporation subject to:
(i) the terms and conditions set forth in the Amended and Restated
Agreement Between the South Bend Community School Corporation and the
South Bend Redevelopment Commission Related to the School
Administration Relocation Project having an effective date of November 19,
2004; and
(ii) advice of Legal Counsel that the documentation is acceptable as to
form and content.
4. This Resolution shall be in full force and effect upon its adoption by the South Bend
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Redevelopment Commission.
ADOPTED oLu meeting of the South Bend Redevelopment Conuzdmmkon held ou January 21,
2005 at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT COMMISSION
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Its: Secretary