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Home My WebLink AboutNo. 1932 accepting the transfer of real property from the SB Redevelopment AuthorityRESOLUTION NO. 1932 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, the South Bend Redevelopment Authority (the "Authority ") is the owner of a parcel of real property commonly known as the Palais Royale Building located at 105 W. Colfax Avenue, South Bend, St. Joseph County, Indiana ( "Real Property ") more particularly described at Exhibit "A "; and WHEREAS, pursuant to Ind. Code § 36 -7- 14.5 -12, the Authority may dispose of real property; and WHEREAS, the Authority desires to transfer the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment in order that it be sold and developed which transfer and sale is subject to an easement in favor of the South Bend Redevelopment Authority which has been retained and preserved; and WHEREAS, the City of South Bend, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission desires to acquire the Real Property from the Authority; and WHEREAS, pursuant to Ind. Code § 36- 1 -11 -8, the Authority may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Authority, at its meeting of December 18, 2002 adopted its Resolution No. 149, confirming action taken at its meeting November 27, 2002,approving the transfer of the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The transfer of Real Property commonly known as the Palais Royale Building situated at 105 W. Colfax Avenue, South Bend, St. Joseph County, Indiana and described on the attached Exhibit "A ", by the South Bend Redevelopment Authority to the City of South Bend, for the use and benefit of its Department of Redevelopment, shall be, and hereby is, accepted. 2. The Director of Redevelopment for the City of South Bend shall cause the recording of the quitclaim deed conveying all of the right, title and interest of the South Bend Redevelopment Authority in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment, subject to an easement preserved and retained by the South Bend Redevelopment Authority. 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 on December 2002, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. Attest r� South Bend Redevelopment Commission Robert W. Hunt , President 14 PALAIS ROYALE LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #I IN THE RECORDED PLAT OF "MORRIS CIVIC MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 9836277 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID LOT #1 N. 89 °- 47' -12" W., 165.98 FEET TO THE WEST LINE AND THE SOUTHWEST CORNER OF SAID LOT #1; THENCE ALONG THE WEST LINE OF SAID LOT #1 AND ITS LINE EXTENDED N. 00 °- 03' -42" E., 90.00 FEET; THENCE S. 00 °- 10' -21" W., 90.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.34 ACRES, MORE OR LESS. EXHIBIT "A" PRESERVATION AND RETENTION OF PERMANENT EASEMENT FOR USE AND OCCUPANCY The City of South Bend Redevelopment Authority ( "Authority ") hereby reserves and preserves for itself a permanent easement in and to certain real estate as follows: WITNESSETH: WHEREAS, the City of South Bend Redevelopment Authority is the owner in fee simple of certain real estate commonly known as the Palais Royale Building located at 105 W. Colfax Avenue, South Bend, Indiana, which has the following legal description: THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #1 IN THE RECORDED PLAT OF "MORRIS CIVIC MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 9836277 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE SOUTH LINE OF SAID LOT #1 N. 89 °47'42" W., 165.98 FEET TO THE WEST LINE AND THE SOUTHWEST CORNER OF SAID LOT #1; THENCE ALONG THE WEST LINE OF SAID LOT #1 AND ITS LINE EXTENDED N. 00 °- 03' -42" E., 90.00 FEET; THENCE S. 00 °- 10' -21" W., 90.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.34 ACRES, MORE OR LESS. WHEREAS, the Authority at a public meeting conducted December 18 , 2002 has proposed to transfer the above described property to the City of South Bend Redevelopment Commission "Commission" subject to the Authority's retention within the structure of the building the permanent use and occupancy of certain designated spaces on each of three (3) floors of the Palais Royale Building as well as within its basement, all as identified more particularly in the floor plans attached hereto and incorporated herein. NOW, THEREFORE, the City of South Bend Redevelopment Authority hereby preserves and retains for its exclusive use and benefit a permanent easement for its use, occupancy, and any and all other purposes at specific locations within the described fee realty as designated on the attached plans of each floor of the Palais Royale Building and the basement, consisting generally of 2, 881 square feet retained in the boiler and common/interstitial areas in the basement; a total of 8,298 square feet retained in the administrative office, the box office, restrooms, retail space and common/interstitial areas on the first floor; 928 square feet in the common/interstitial areas on the second floor; and 1,045 square feet in the common/interstitial areas on the third floor. The Redevelopment Authority reserves the right to use and occupy the easement area for any and all purposes it deems appropriate, and no subsequent occupant shall interfere with the Commission's easement rights. The easement preserved and retained herein and its associated benefits and obligations shall constitute covenants running with the real estate, and shall be binding upon the Commission as well as any purchaser from the Commission, and shall be an obligation of every person or entity now or hereafter in perpetuity having any fee, leasehold, or other interest in all or any part of the dominant real estate. This easement shall also bind and inure to the benefit of the respective successors and assigns of the Authority and all other parties with an interest in the subject real estate. South Bend Redevelopment Authority Q Carolyn V. o enhaue res'd nt, South Bend Redevelopm t Authority STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personall appeared, and acknowledged the execution of the foregoing preservation and retention of permanent easement on December _ 121 2002. My Commission Expires: C-- of is Resi ing in . Jaseph County, Ina ian By: President, South Bend Redevelopment Commission STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally a peared , and acknowledged the acceptance of the foregoingeasement on De tuber , 2002. My Commission Expires: otary Public Residing in St. Joseph County, Indiana PAMELA 5 MORRIS NOTARY PUBLIC STATE OF INpIAAIA COUNTY My � EXP EPTg 24A010 07 l- DiAi A Acceptance of Easement by South Bend Redevelopment Commission C-- of is Resi ing in . Jaseph County, Ina ian By: President, South Bend Redevelopment Commission STATE OF INDIANA, ST. JOSEPH COUNTY, ss: Before me, a Notary Public in and for said County and State, personally a peared , and acknowledged the acceptance of the foregoingeasement on De tuber , 2002. 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