HomeMy WebLinkAboutNo. 1236 approving the transfer of real property to the SBRARESOLUTION NO. 1236
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION APPROVING THE TRANSFER OF REAL PROPERTY
TO THE SOUTH BEND REDEVELOPMENT AUTHORITY
WHEREAS, the real property generally described as follows
and situated in St. Joseph County, Indiana, is owned by the City of
South Bend, Indiana, for the use and benefit of its Department of
Redevelopment and was acquired by the City of South Bend, Indiana,
for the use and benefit of its Department of Redevelopment for
redevelopment purposes:
Lots 44, 45, 46 and vacated alley (Resolution
#3375 -23) of the Original Plat of the Town (now
City) of South Bend, St. Joseph County, Indiana,
more particularly described as follows: Beginning
at the northwest corner of said Lot 46; thence
North 89 °39134" East a distance of 164.86 feet
along the north line of said Lot 46 (south
boundary of Washington Street) to the northeast
corner of said Lot 46; thence South 0 027100" East
a distance of 212.02 feet to the northeast corner
of Lot 43 of said original plat; thence South
89 037139" West a distance of 164.86 feet along the
north line of said Lot 43 to the northeast corner
of said Lot 43; thence North 0 °27'00" West a
distance of 212.08 feet along the east boundary of
Michigan Street to the point of beginning and
containing 0.802 acres, more or less.
and also
Lot 5 of the Plat of River Bend Addition to the
City of South Bend, St. Joseph County, Indiana,
more particularly described as follows: Beginning
at the southeast corner of said Lot 5; thence
South 89 037139" West a distance of 127.52 feet to
the southwest corner of said lot; thence North
0 027'00" West a distance of 212.06 feet to the
northwest corner of said lot and the south
,boundary of Washington Street; thence North
89 039134" East a distance of 127.67 feet along
said south boundary to the northeast corner of
said lot and the west boundary of St. Joseph
Street; thence South 0 024152" East a distance of
211.96 feet along said west boundary to the point
of beginning and containing 0.621 acres, more or
less, together with any adjacent vacated alley(s)
(all hereinafter referred to as the "Real Property "); and
WHEREAS, the South Bend Redevelopment Commission (the
Aph Commission) is the governing body of the City of South Bend,
Department of Redevelopment, pursuant to I.C. 36- 7 -14 -3; and
WHEREAS, a lease (the Lease) between the Commission and the
South Bend Redevelopment Authority (the Authority), a body corporate
and politic organized and operating pursuant to I.C. 36 -7 -14.5, dated
as of November 1, 1993 for certain land and improvements consisting
of the Century Center to be acquired by the Authority and
improvements to be constructed thereto, and a facility to house the
College Football Hall of Fame (collectively, the Project) was
approved by the Authority by its Resolution No. 85, adopted November
4, 1993 and by the Commission by its Resolution No. 1198, adopted
November 5, 1993; and
WHEREAS, the Commission scheduled and on November 15, 1993,
following proper legal publication of the same, conducted a public
hearing on the Lease pursuant to I.C. 36 -7 -14 -25.2 providing all
interested persons the opportunity to be heard; and
WHEREAS, the Commission, in its Resolution No. 1199 adopted
November 15, 1993, determined the annual rental payments for the Hall
of Fame Portion and for the Century Center Portion of the Project to
be leased, each to be fair and reasonable and that the use of the
Project throughout the term of the Lease would serve the public
purpose of the City of South Bend and would be in the best interests
of its residents; and
WHEREAS, the Common Council of the City of South Bend,
Indiana, on November 29, 1993, adopted its Ordinance No. 8437 -93,
finding that the annual rental payments for the Project, as approved
by the Commission, to be fair and reasonable and that the use of the
Project throughout the term of the Lease would serve the public
purpose of the City of South Bend and be in the best interests of its
residents, and approved the Lease, while reserving the right to
approve the issuance of bonds by the Authority to finance costs of
the Project following completion of the actions necessary to secure
approval of the Lease; and
WHEREAS, all actions necessary to secure approval of the
Lease have been completed; and
WHEREAS, the Common Council of the City of South Bend,
Indiana, on March 14, 1995, will consider its Bill No. 14 -94,
approving the issuance of bonds by the Authority to finance costs of
the Project; and
WHEREAS, should the Common Council of the City of South
Bend, Indiana, approve the issuance of bonds by the Authority to
finance the costs of the Project, the College Football Hall of Fame
Portion of the Project will be constructed on the Real Property; and
WHEREAS, pursuant to I.C. 36- 7- 14- 12.2(3) the Commission may
sell, lease, or grant interests in all or part of real property
acquired for redevelopment purposes to any other governmental agency
for public purposes upon any terms that may be agreed upon; and
WHEREAS, the Commission is desirous of transferring the Real
Property to the Authority to allow for the construction thereon of
the College Football Hall of Fame Portion of the Project and is
desirous of doing so for nominal consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. That the transfer of the Real Property situated in St. Joseph
County, Indiana, and generally described as follows, by the City of
South Bend, Department of Redevelopment, acting by and through the
South Bend Redevelopment Commission to the South Bend Redevelopment
Authority:
Lots 44, 45, 46 and vacated alley (Resolution
#3375 -23) of the Original Plat of the Town (now
City) of South Bend, St. Joseph County, Indiana,
more particularly described as follows: Beginning
at the northwest corner of said Lot 46; thence
North 89 039134" East a distance of 164.86 feet
along the north line of said Lot 46 (south
boundary of Washington Street) to the northeast
corner of said Lot 46; thence South 0 027100" East
a distance of 212.02 feet to the northeast corner
of Lot 43 of said original plat; thence South
89 037139" West a distance of 164.86 feet along the
north line of said Lot 43 to the northeast corner
of said Lot 43; thence North 0 127100" West a
distance of 212.08 feet along the east boundary of
Michigan Street to the point of beginning and
containing 0.802 acres, more or less.
and also
Lot 5 of the Plat of River Bend Addition to the
City of South Bend, St. Joseph County, Indiana,
more particularly described as follows: Beginning
at the southeast corner of said Lot 5; thence
South 89 037139" West a distance of 127.52 feet to
the southwest corner of said lot; thence North
0 027100" West a distance of 212.06 feet to the
northwest corner of said lot and the south
boundary of Washington Street; thence North
89 039134" East a distance of 127.67 feet along
said south boundary to the northeast corner of
said lot and the west boundary of St. Joseph
Street; thence South 0 024152" East a distance of
211.96 feet along said west boundary to the point
of beginning and containing 0.621 acres, more or
less, together with any adjacent vacated alley(s)
(all hereinafter referred to as the "Real Property ") for the sum of
One Dollar ($1.00) shall be, and hereby is, approved, subject to the
approval of the Common Council of the City of South Bend of the
issuance of bonds by the Authority to finance the costs of the
Project, and further subject to the adoption of a resolution by the
South Bend Redevelopment Authority substantially identical in its
terms and conditions to the terms and conditions of this resolution.
2. That the President and Secretary of the Commission shall be,
and hereby are, authorized, respectively, to execute and attest to
the execution of a quitclaim deed conveying all its right, title and
interest in and to the Real Property to the South Bend Redevelopment
Authority upon the occurrence of the conditions set forth immediately
above.
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 on March 11, 1994, at 1308 County -City Building, 227 West
Jefferson Boulevard, South Bend, Indiana 46601.
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
By
ATTEST: Paula N. Auburn, President
Theo F. Sharp, Sec, Lary