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HomeMy WebLinkAboutNo. 2601 approving the transfer of real property to the City of South Bend, IN (Prairie Ave. & Cotter St.)• RESOLUTION NO. 2601 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana, Department of Redevelopment, is the owner of the following described real property situated in St. Joseph County, Indiana: See Attached Exhibit "A" (hereinafter referred to as the "Real Property "); and WHEREAS, pursuant to Ind. Code • 36- 7 -14 -3, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the City of South Bend, Department of Redevelopment and, pursuant to Ind. Code . 36 -7 -14 -12.2 may dispose of the Real Property; and WHEREAS, pursuant to Ind. Code • 36- 1 -11 -8, the Department of Redevelopment, acting through the Commission, and the City of South Bend, acting by and through the Board of Public Works (the "Board "), may exchange or transfer property with one another upon terms and conditions agreed upon by the two (2) entities as • evidenced by the adoption of substantially identical resolutions by each entity; and WHEREAS, in furtherance of the Cotter Street Reconstruction Project, the Board requires a fee interest in a portion of the Real Estate described as follows: See Attached Exhibit `B" (hereinafter referred to as the "Parcel 3 Fee "), and; WHEREAS, in furtherance of the Cotter Street Reconstruction Project, the Board requires a drainage easement in a portion of the Real Estate described as follows: See Attached Exhibit "C" (hereinafter referred to as the "Parcel 3 Drainage Easement "), and; WHEREAS, the Parcel 3 Fee and the Parcel 3 Drainage Easement are depicted as' follows: See Attached Exhibit "D" and • WHEREAS, the Commission, is desirous of transferring the Parcel 3 Fee and the Parcel 3 Drainage Easement to the City of South Bend, Indiana, for the total sum of Ten iand 00/100 Dollars ($10.00); and WHEREAS, the Board of Public Works, at its meeting of September 28, 2009, will consider a proposed Resolution, accepting the transfer of the Parcel 3 Fee and the Parcel 3 Drainage Easement from the City of South Bend, Department of Redevelopment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. The transfer of the Parcel 3 Fee situated in St. Joseph County, Indiana, described as follows: See Attached Exhibit "B and the transfer of the Parcel 3 Drainage Easement situated in St. Joseph County, Indiana, described as follows: See Attached Exhibit "C" for the sum of Ten and 00 /100 Dollars ($10.00), by the City of South Bend, Indiana, Department of Redevelopment, to the City of South Bend, Indiana shall be, and hereby is, • approved. 2. The staff of the South Bend Redevelopment Commission shall be, and hereby are, authorized to execute a quitclaim deed conveying the necessary right, title and interest in the Parcel 3 Fee and the Parcel 3 Drainage Easement to the City of South Bend, Indiana. 3. This Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 on September 18, 2009. SOUTH BEND REDEVELOPMENT COMMISSION i Marcia I. Jones, Preront ATTEST: • Nancy King, Se etary • EXHIBIT A LEGAL DESCRIPTION File No.: 397227 The land referred to in this Commitment, situated in the County of St. Joseph, State of Indiana, is described as follows: A part of the North East 1/4 of Section 14, Township 37 North, Range 2 East, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the intersection of the North dine of the Michigan Central Railroad Right -of -way and the East line of Kendall Street, said point being the Southwest corner of Tract No. 4 of the Studebaker Corporation Replat, as recorded in Plat Book 11, Page 184, in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East line of Kendall Street a distance of 61.23 ft. to the point of beginning; thence North 54 degrees 21 minutes 30 seconds East, a distance of 184.07 ft. to a point; thence North 00 degrees 00 minutes 00 seconds East, a distance of 1238.97 ft. to a point, thence South 89 degrees 55 minutes 34 seconds East a distance of 227.00 ft. to a point; thence North 00 degrees 04 minutes 26 seconds East a distance of 174.05 ft. to a point; thence North 88 degrees 32 minutes 07 seconds West a distance of 552.36 ft. to a point; thence South 72 degrees 39 minutes 53 seconds West a distance of 96.00 ft.; thence North 64 degrees 47 minutes 18 seconds West a distance of 76.83 ft. to a point on the East line of Prairie Avenue, said East line being also the Westerly line of said Tract No. 4 of the Studebaker Corporation Replat; thence South 26 degrees 14 minutes 42- seconds West along said East line of Prairie Avenue a distance of 1099.71 ft, to the intersection of said East line of Prairie Avenue and the North line of Cotter Street; thence South 89 degrees 46 minutes 56 seconds E. along said North line of Cotter Street a distance of 857.86 ft, to the intersection of said North line of Cotter Street and the East line of Kendall Street; thence South 00 degrees 05 minutes 31 seconds West along said East line of Kendall Street a distance of 566.19 ft. to the point of beginning; containing +-- 19.191 Acres; (all bearings assumed); (The foregoing described tract is West of and abutting the North 1171.80 ft. of the West line and is North of and abutting the West 227.00 ft. of the North line of a tract previously conveyed by the Studebaker Corporation, a Michigan Corporation, to Allied Products Corporation, a Michigan Corporation, by Deed dated April 3, 1964, and recorded April 3, 1964, in Deed Record Book 649, pages 497 -509 inclusive, in the Office of the Recorder of St. Joseph County, Indiana); subject, however, to easements, restrictions and reservation as referred to herein, but together with all buildings, improvements, On ements and appurtenances situated on the above described premises. • B-'- Cotter Street Reconstruction EXHIBIT Abonmarche Job No. M6 -0462 Parcel 3 Pee (Revised 02/19/09) A parcel of land being a part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East and being more particularly described as follows: Beginning at the point of infersection of the east right -of -way line of Prairie Avenue and the north right -of -way line of Cotter Street, said point lying North 89 degrees 22 minutes 22 seconds East, a distance of 32.20 feet, and North 00 degrees 37 minutes 38 seconds West, a distance of] 6.00 feet from point 5 as shown on Location Control Route Survey recorded under instrument number 0903221 in the Office of Recorder in St. Joseph County, Indiana; thence North 27 degrees 24 minutes 00 seconds East along said east right of way line, a distance of 44.22 feet; thence South 32 degrees 41 minutes 20 seconds East, a distance of 17.74 feet; thence North 89 degrees 22 minutes 22 seconds East parallel with Line "C" on Location Control Route Survey; a distance of 862.15 feet; thence South 00 degrees 37 minutes 38 seconds East a distance of 80.00 feet; thence South 89 degrees 22 minutes 22 seconds West parallel with Line "C ", a distance of 34.38 feet to the east right -of -way line of Kendall Street as described in said Warranty Deed; thence North 00 degrees 37 minutes 38 seconds West along said east right -of -way line, a distance of 56.00 feet.to the north right -of -way line of Cotter Street; thence South 89 degrees 22 minutes 22 seconds West along said north right -of -way line parallel with line "C ", a distance of 857.97 feet to the point of beginning. Containing 0.54 Acre. • Surveyor Statement This description was prepared for the City of outh Bend, Indiana by Roger T. Nawrot, Indiana Registered Land Surveyor, Licens tuber 80890005, on the 19th day of February, 2009. M111- Roger T. Nawrot M08,90005 � STATI� OF is ABONMARCHE CONSULTANTS OF INDIANA, L.L.C. 750 Lincoln Way East, South Bend, IN 46601 • T 574.232.8700 P 574251.4440 E msh @abonmarche.com Cotter Street Reconstruction EXHIBIT C Abonmarche Job No. M6 -0462 Parcel 3A Drainage Easement (Revised 02/19/09) A parcel of land being a part of the Northeast Quarter of Section 14, Township 37 North, Range 2 East and being more particularly described as follows: Commencing at the point of intersection of the east right -of -way line of Prairie Avenue and the north right-of- way line of Cotter Street, said point lying North 89 degrees 22 minutes 22 seconds East, a distance of 32.20 feet, and North 00 degrees 37 minutes 38 seconds West, a distance of 16.00 feet from point 5 as shown on Location Control Route Survey recorded under instrument number 0903221 in the Office of Recorder in St. Joseph County, Indiana; thence North 27 degrees 24 minutes 00 seconds East along said east right of way line, a distance of 44.22 feet to the point of beginning; thence continuing North 27 degrees 24 minutes 00 seconds East, a distance of 288.49 feet; thence South 62 degrees 36 minutes 00 seconds East, a distance of 86.28 feet; thence South 00 degrees 37 minutes 38 seconds East, a distance of 229.16 feet; thence South 89 degrees 22 minutes 22 seconds West parallel with Line "C ", a distance of 202.30 fleet: thence North 32 degrees 41 minutes 20 seconds West, a distance of 17.74 feet to the point of beginning. Containing 0.88 Acre. Surveyor Statement This description was prepared for the City of South Bend, Indiana by Roger T. Nawrot, Indiana Registered Land Surveyor, License mber 80890005, on the 19th day of February, 2009. �lif# Roger T. Nawrot S. STAtE OP z ABONMARCHE CONSULTANTS OF INDIANA, L.L.C. 750 Uncoin Way East, South Bend, IN 46601 • T 5742328700 F 574251.4440 E msh @abonmarche.com • EXHIBIT D SHEET 1 OF 1 RIGHT --OF -WAY & DRAINAGE EASEMENT PARCEL PLAT N 00'37'38 "W 16.00' N89'22'22 "E 32.20' LAND SURVEYOR'S STATEMENT: Prepared for City of South Bend by Abonmarche Consultants of Indiana, LLC. (Job #M6 -0462) / I 1110 CORPORATION 1110 PRARIE AVENUE SOUTH BEND, IN 46621 PERMANENT 40' R/W DEDICATED R/W - STREET N89'22'22 "E POW tENIMNE STATION OFFSET W6WMr EA58NG 5 C 501-44.12 mad 2336315.4241 MUM= 6 C 59+4567 OUW 5'!' &I 2702 165969.5675' R1 C 56+7632 ts.6W LT. 2336331.7756 165120.6331 R2 C 50+97.10 53.64 LT z33637Low 165140.9850 R3 C 51+06.52 46.00 LT. 23383541634 +85150.5641 R4 C 59+5"7 4(.00 LT. 2336365.5415 1660126662 R5 C 1 59159.67 40.00' RT, 2336285.5463 1660135439 R6 C 50+34.29 40.00' RT 2336285.1899 165979.1636 R7 C 59+34.29 16.0' LT. 233630.1666 165976.5507 Re C 52+=e6 309,70' LT 2335627 -1679 1652757504 R9 C 53+0692 269.16' LT i 2336587.4609 1853503526 Rio C 53+0892 40.0 LT. i 2336550.3156 165352MID 1, ROGER T. NAWROT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS PLAT, TOGETHER WITH THE - LOCATION CONTROL ROUTE SURVEY' (INCORPORATED AND MADE A PART HEREOF w BY REFERENCE) COMPRISE A ROUTE SURVEY EXECUTED IN ACCORDANCE WITH DIANA ADMINI A71VE CODE 865 IAC r n ROM T109WR6T. P.L& DATE PROFESSIONAL LAND SURVEYOR NO. SOBSOD5 STATE of INDIANA V Q 9 T. jV4 Fo ti r * - LS80890005 STATE OF Pitt / /' ",'A 1S UR��� 11 lilt L O 1 w l I I �I I � i Q ; 1 � I La,t I Y I NOTE:' STATIONS & OFFSETS CONTROL. OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES. 0 100 200 400 SCALE 1" =200' PARCEL- 3, 3A OWNER: 1110 CORPORATION DRAWN BY: SSH 1/23/09 CODE M6 -0462 1110 PRARIE AVENUE CHECKED BY: AWS 1/23/D9 PROJECT: SOUTH BEND,IN 46621 INSTRUMENT #9848714 DATED 09/17/98 ROAD: COTTER COUNTY: ST. JOSEPH SECTION: 14 ® HATCHED AREA'IS TOWNSHIP: 37N APPROXIMATE TAKING ABONMARCHE CONSULTANTS, L.L.C. RANGE: 2E 750 Lincoln Way East I'art o, h�diano NOTE South Bend, Indiana 46601 Batton Harbor. %10- DIMENSIONS SHOWN ARE CALCULATED FROM 1574) 232 -8700 Manistee, Michigan FAX (374} 251 -4440 LOCATION ROUTE CONTROL SURVEY ENC8IWRWG / LAND SUFiVEY1rI0 / PI.ANNIlJG / CONSTRUCTION SERMCES