HomeMy WebLinkAboutNo. 1635 approving the transfer of real property to St. Joseph County11
Resolution No. 1635
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING THE TRANSFER OF REAL PROPERTY
TO ST. JOSEPH COUNTY
WHEREAS, the City of South Bend, Indiana, Department of
Redevelopment (Redevelopment) is the owner of the real property
and improvements described at Exhibit A, hereto, situated in St.
Joseph County, Indiana (hereinafter, the Property); and
WHEREAS, pursuant to I.C. 36- 7 -14 -3, the South Bend
Redevelopment Commission (hereinafter, the Commission) is the
governing body of the City of South Bend, Department of
Redevelopment and, pursuant to I.C. 36 -7 -14 -12.2 and I.C. 36 -1-
11-8 may dispose of the Real Property; and
WHEREAS, the Commission, is desirous of transferring the
Property to St. Joseph County (County) for the sum of One Million
Doiiars ($1,000,000.00); and
WHEREAS, pursuant to I.C. 36- 1 -11 -8, Redevelopment, acting
through the Commission and the County, acting by and through the
Board of County Commissioners, 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 of each entity; and
WHEREAS, the Board of County Commissioners, at its meeting
of AUGugfi as 1998 will consider its Resolution No.
accepting the transfer of the Real Property from the
City of South Bend, Indiana, Department of Redevelopment.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. That the transfer of the Property for the sum of One
Million Dollars ($1,000,000.00), by the City of South Bend,
Indiana, Department of Redevelopment to St. Joseph County, shall
be, and hereby is, approved.
2. That the President and 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 all of the right, title and interest in the
Real Property to St. Joseph County, Indiana.
3. That 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 1300 County -City Building, 227 W. Je ferson
Boulevard, South Bend, Indiana 46601 on c , 1998.
SOUTH j#MjL j*y§WPMENT COMMISSION
NOTARY PUBLIC STATE OF INDIANA
ST. JOSEPH COUNTY
e0bj %!GN R)A JAN 2412()08
Robert W. nt, President
ORDER NO: 00140187
EXHIBIT A - LEGAL DESCRIPTION
That part of the Southwest Quarter of Section 12 and the
Southeast Quarter of Section 11, both in Township 37 North,
Range 2 East, Portage Township, City of South Bend, St. Joseph
County, Indiana which is described as: Being all of Lot Number
One (1) of the recorded Plat of "Studebaker Corridor Third Minor
Subdivision" as recorded as Instrument Number 9303861 and a
part of Tract 3 of the plat of the "Studebaker Corporation
Replat" as recorded in Plat Book 11, page 184 in the Office of
the Recorder of St. Joseph County. Beginning at the
intersection of the North right of way line of Sample Street
and the West right of way line of Lafayette Boulevard, said
intersection also being the Southeast corner of said Lot Number
One (1), marked by a chiseled cross found in place; thence
along said North right of way line and the South line of said
Lot Number One (1) for the next three (3) courses; (1) South 89
degrees 44 minutes 37 seconds West a distance of 181.48 feet
(South 89 degrees 43 minutes 59 seconds West, 181.50 feet
Inst. No. 9303861); (2) South 0 degrees 35 minutes 39 seconds
West a distance of 0.54 feet (South 0 degrees 16 minutes 01
seconds East, 0.50 feet Inst. No. 9303861); (3) North 89 degrees
51 minutes 08 seconds West a distance of 217.97 feet (North 89
degrees 51 minutes 46 seconds West 217.97 feet Inst. No.
9303861); thence North 0 degrees 14 minutes 04 seconds West
along the boundary of said Lot Number One (1) a distance of
289.38 feet (North 0 degrees 13 minutes 47 seconds West, 289.38
feet Inst. No. 9303861); thence South 89 degrees 44 minutes 18
seconds West along the boundary of said Lot Number One (1) a
distance of 291.06 feet (South 89 degrees 42 minutes 25 seconds
West 291.06 feet Inst. No. 9303861) to the West line of said
Lot Number One (1); thence North 4 degrees 41 minutes 16
seconds East a distance of 17.88 feet to the Northeast corner
of a parcel conveyed to the City of South Bend as described in
Deed Record 818, page 522; thence North 66 degrees 21 minutes
11 seconds West a distance of 79.51 feet; thence North 2
degrees 08 minutes 00 seconds East a distance of 257.63 feet;
thence North 89 degrees 43 minutes 44 seconds East a distance
of 75.00 feet to the Northwest corner of said Lot Number One
(1); thence continuing North 89 degrees 43 minutes 44 seconds
East along the North line of said Lot Number One (1) a distance
of 676.77 feet (North 89 degrees 42 minutes 54 seconds East,
Continued on next page
-1-
IM
EXHIBIT A - CONT'D
676.75 feet Inst. No. 9303861) to the.West right of way line of
Lafayette Boulevard; thence South 0 degrees 09 minutes 06
seconds East along said West right of way line and the East
line of said Lot Number One (1) a distance of 319.02 feet
(South 0 degrees 10 minutes 42 seconds East, 318.89 feet Inst.
No. 9303861); thence South 0 degrees 10 minutes 48 seconds East
along said West right of way line and the East line of said Lot
Number One (1) a distance of 278.97 feet (South 0 degrees 10
minutes 48 seconds East, 278.96 feet Inst. No. 9303861) to the
point of beginning.
Subject to legal highways.
City of South Bend, Department of Redevelopment, reserves unto
itself the following described temporary easements for the purposes
set forth therein:
-2-
Ll
Temporary Easement for Loading Dock Access
That part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St Joseph County, Indiana which is described as: Being a part of
Lot Number 1 of the recorded plat of "Studebaker Corridor Third Minor Subdivision" as
recorded as Instrument Number 9303861. Commencing at the intersection of the North right of
way line of Sample Street and the West right of way line of Lafayette Boulevard, said
intersection also being the Southeast corner of said Lot Number 1, marked by a chiseled cross
found in place; thence along said North right of way line and the South line of said Lot Number 1
for the next three (3) courses; (1)South 890 44'37" West a distance of 181.48 feet; (2)South 00
35'39" West a distance of 0.54 feet; (3)North 89° 51'08" West a distance of 206.18 feet for the
Point of Beginning of this description; thence North 89° 51' 08" West a distance of 11.79 feet to
the Southeast Corner of the 405 West Sample Street parcel as described in Instrument No.
8421306; thence North 0° 14'04" West along the East line of said parcel a distance of 289.38
feet to the Northeast Corner of said parcel; thence South 21' 57'52" East a distance of 32.29 feet;
thence South 0° 11' 55" East a distance of 259.46 feet to the point of beginning and containing
0.075 acres, more or less.
Also,, that part of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St Joseph County, Indiana which is described as: Being a part of
Lot Number 1 of the recorded plat of "Studebaker Corridor Third Minor Subdivision" as
recorded as Instrument Number 9303861. Commencing at the intersection of the North right of
way line of Sample Street and the West right of way line of Lafayette Boulevard, said
intersection also being the Southeast corner of said Lot Number 1, marked by a chiseled cross
found in place; thence along said North right of way line and the South line of said Lot Number 1
for the next three (3) courses; (1)South 89° 44'37" West a distance of 181.48 feet; (2)South 0°
35' 39" West a distance of 0.54 feet; (3)North 89° 51'08" West a distance of 217.97 feet to the
Southeast Corner of the 405 West Sample Street parcel as described in Instrument No. 8421306;
thence North 0° 14' 04" West along the East line of said parcel a distance of 289.38 feet to the
Northeast Corner of said parcel; thence South 89° 44' 18" West along the North line of said
parcel a distance of 3 9. 10 feet for the Point of Beginning of this description; thence South 89° 44'
18" West along the North line of said parcel a distance of 219.34 feet; thence North 44° 44' 18"
East a distance of 49.31 feet; thence North 89° 42'08" East a distance of 39.30 feet; thence North
0° 00'00" East a distance of 39.69 feet; thence North 90° 00'00" East a distance of 30.00 feet;
thence South 0° 00'00" West a distance of 39.53 feet; thence North 89° 42'08" East a distance of
80.21 feet; thence South 45° 15'42" East a distance of 49.44 feet to the point of beginning and
containing 0.175 acres, more or less.
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Description of Water Line Easement
A parcel of land located in the Southeast Quarter (SE 1/4) of Section Eleven (11) and the
Southwest Quarter (SW 1/4) of Section Twelve (12), both being in Township Thirty -Seven (37)
North, Range Two (02) East of the Second (2nd) Principal Meridian and all being located in the
City of South Bend, Portage Township, St. Joseph County, Indiana and also being part of The
Studebaker Corporation Replat - Tract No. 3, as shown on the recorded plat, Plat Book 11, Page
184, in the Office of St. Joseph County Recorder and being more specifically described as
follows:
Commencing at the northeast corner of said Studebaker Corporation Replat - Tract No. 3; thence
South 00° - 09' -06" East (this and all subsequent bearing having been assumed), along the west
right of way line of said Lafayette Boulevard, a distance of 690.31 feet to the northeast corner of
Lot No. 1 of the Studebaker Corridor Third Minor Subdivision as shown on the recorded plat as
Instrument No. 9303861, dated February 4, 1993 and being the Point of Beginning of this
description, thence continuing South 00' - 09' -06" East along said west right of way line of
Lafayette Boulevard, a distance of 25.00 feet; thence South 89° - 43' -44" West, parallel with and
25.00 feet south of measured at right angles to, the north line of said Lot No. 1 of the Studebaker
Corridor Third Minor Subdivision, a distance of 727.74 feet; thence South 02° - 08' -00" West,
parallel with the west line of said Lot No. 1 of The Studebaker Corridor, Third Minor
Subdivision, a distance of 204.71 feet; thence North 90° - 00' -00" East a distance of 25.72 feet;
thence South 42° - 33' -48" East a distance of 64.63 feet; thence.North 89° - 10' -33" East a
distance of 203.75 feet; thence South 00° - 12' -18" East a distance of 32.00 feet to a point on the
south line of said Lot No. 1 of Studebaker Corridor Third Minor Subdivision; thence South 89° -
44' -18" West along the said south line of Lot No. 1 of The Studebaker Corridor Third Minor
Subdivision, a distance of 245.37 feet; thence North 42' - 33' -48" West a distance of 79.33 feet;
thence North 02 ° - 08' -00" East, parallel with the west line of said Lot No. 1 of The Studebaker
Corridor Third Minor Subdivision, a distance of 248.99 feet to a point of intersection with the
north line of Lot No. 1 Studebaker Corridor Third Minor Subdivision extended west; thence
North 89* - 43' -44" East, along the said north line of Lot No. 1, extended, and said north line of
Lot No. 1 of The Studebaker Corridor Third Minor Subdivision, a distance of 751.77 feet to the
Point of Beginning of this description.
The above described easement shall be for the exclusive use to install, operate and maintain such
utility as may be necessary for the exclusive service to the facility now occupying the site
conveyed to: G. Newman (62.5 %), Lee Newman (12.5 %), Lynn Newman (12.5 %) and Diane
German (12.5 %) and as described in Instrument No. 8421306 dated 10/09/84.
This easement shall terminate and said installed utilities shall cease to serve the above described
site upon acquisition of and conveyance to the City of South Bend and/or St. Joseph County,
Indiana. 5 `CAE(
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Description of Sewer Line Easement
A parcel of land located in the Southeast Quarter (SE 1/4) of Section Eleven (11) in Township
Thirty-Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all
being located in the City of South Bend, Portage Township, St. Joseph County, Indiana and also
being part of The Studebaker Corporation Replat - Tract No. 3, as shown on the recorded plat,
Plat Book 11, Page 184, in the Office of St. Joseph County Recorder and being more specifically
described as follows:
Commencing at the northeast corner of said Studebaker Corporation Replat - Tract No. 3; thence
South 000 - 09' -06" East (this and all subsequent bearing having been assumed), along the west
right of way line of said Lafayette Boulevard, a distance of 690.31 feet to the northeast comer of
Lot No. 1 of the Studebaker Corridor Third Minor Subdivision as shown on the recorded plat as
Instrument No. 9303861, dated February 4, 1993; thence South 89' - 43' -44" West, along the
north line of said Lot No. 1 of the Studebaker Corridor Third Minor Subdivision and said line
extended, a distance of 751.77 feet; thence South 02' - 08' -00" West, parallel with the west line
of said Lot No. 1 of The Studebaker Corridor, Third Minor Subdivision, a distance of 229.62 feet
to the Point of Beginning of this description; thence North 900 - 00' -00" East a distance of 50.74'
feet; thence South 42' - 33' -48" East a distance of 64.63 feet; thence North 89' 10' -33" East a
distance of 203.75 feet; thence South 00* - 12' -18" East a distance of 32.00 feet to a point on the
south line of said Lot No. 1 of Studebaker Corridor Third Minor Subdivision; thence South 89' -
44' -18" West along the said south line of Lot No. 1 of The Studebaker Corridor Third Minor
Subdivision, a distance of 213.60 feet; thence North 42' - 33' -48" West a distance of 68.08 feet;
thence South 90° - 00' -00" West, a distance of 75.81 feet; thence South 48" - 48' -51" West, a
distance of 60.95 feet; thence North 41 ° - 11' -09" West a distance of 25.00 feet; thence North
48 °- 48' -51 " East a distance of 74.14 feet; the North 90'- 00' -00" East a distance of 43.69 feet to
the Point of Beginning of this description.
The above described easement shall be for the exclusive use to install, operate and maintain such
utility as may be necessary for the exclusive service to the facility now occupying the site
conveyed to: G. Newman (62.5 %), Lee Newman (12.5 %), Lynn Newman (12.5 %) and Diane
German (12.5 %) and as described in Instrument No. 8421306 dated 10/09/84.
This easement shall terminate and said installed utilities shall cease to serve the above described
site upon acquisition of and conveyance to the City of South Bend and/or St. Joseph County,
Indiana.
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