HomeMy WebLinkAboutNo. 1229 approving and accepting the transfer of real property from the St. Joseph Conty Airport AuthorityRESOLUTION 1229
CW A RESOLUTION OF THE SOUTH BEND t�
REDEVELOPMENT COMMISSION APPROVING AND �K
ACCEPTING THE TRANSFER OF REAL PROPERTY ,
FROM THE ST. JOSEPH COUNTY AIRPORT AUTHORITY
9412338E
WHEREAS, the St. Joseph County Airport Authority is the
owner of certain real property situated in St. Joseph County,
Indiana, more particularly described at Exhibit "A," hereto ( "Airport
Land "); and
WHEREAS, the South Bend Redevelopment Commission
(Redevelopment) is desirous of acquiring the Airport Land for the use
and benefit of the Department of Redevelopment in order to allow for
the development of the Airport Economic Development Area; and
WHEREAS, the St. Joseph County Airport Authority is desirous
of conveying the Airport Land to Redevelopment for such purpose; and
WHEREAS, in consideration of the conveyance of the Airport
Land to the City of South Bend for the use and benefit of its
Department of Redevelopment, Redevelopment and Airport have agreed to
amend the Purchase Agreement previously entered into by them on March
11, 1993, to set forth the terms and conditions of the Airport Land.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND 950,751
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The South Bend Redevelopment Commission hereby approves
and accepts the conveyance of the Airport Land to the City of South
Bend for the use and benefit of its Department of Redevelopment
pursuant to the terms and conditions of the Addendum to Purchase
Agreement, attached hereto and incorporated herein.
2, The South Bend Redevelopment Commission hereby directs
its attorney to prepare all documents necessary to carry out the
intent expressed herein.
3. The South Bend Redevelopment Commission hereby directs
its President to execute all documents necessary to carry out the
intent expressed herein.
Adopted at the regular meeting of the South Bend
Redevelopment Commission held February 18, 1994 at 1308 County -City
Building, South Bend, Indiana 46601.
ATTEST:
Theo F. Sharp, Secrg ary
SOUTH BEND REDEVELOPMENT COMMISSION
(1,
By : / ,akl d <-,•�
Paula N. Auburn, President
EXHIBIT A
Part of the Southeast Quarter (1/4) of Section Twenty (20),
Township Thirty -eight (38) North, Range Two (2) East, situate in
German Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Commencing at a one inch iron pipe with a cap stamped "M &B
13" marking the Northwest corner of the Southeast Quarter (SE
1/4) of said Section 20; thence South 00 degrees 19 minutes 53
seconds East along the West line of the Southeast Quarter of said
Section 20 a distance of 427.00 feet to a drill hole set in
concrete marking the place of the beginning of this description,
said point also being the Southwest corner of land conveyed to
the State of Indiana in Deed Record 538, pages 72 -73; thence
continuing South 00 degrees 19 minutes 45 seconds East along the
West line of the Southeast Quarter (1/4) (SE 1/4) of said Section
20 a distance of 44.25 feet to a drill hole set in concrete on
the North right of way line of the F. Jay Nimtz Parkway; thence
North 89 degrees 40 minutes 07 seconds East along the North right
of way line of said F. Jay Nimtz Parkway (80 foot right of way) a
distance of 1264.41 feet to a one inch iron pipe with a cap
stamped "M &B 13" marking the point of curvature of a tangent
curve to the right having a radius of 1640.00 feet and a central
angle of 25 degrees 36 minutes 51 seconds; thence Eastwardly and
Southeastwardly along the North right of way line of said F. Jay
Nimtz Parkway and along said curve a distance of 733.16 feet to a
one inch pipe with a cap stamped "M &B 13" marking the
intersection of the North right of way line of said F. Jay Nimtz
Parkway with the East line of land conveyed to St. Joseph County,
Indiana, in Miscellaneous Record 246, page 274; thence North 00
degrees 19 minutes 53 seconds West along the East line of said
St. Joseph County, Indiana land a distance of 613.68 feet to a
one inch iron pipe with a cap stamped "M &B 13" marking the
Northeast corner of said St. Joseph County, Indiana land and
being on the North line of the Southeast Quarter (SE 1/4) of said
Section 20; thence North 89 degrees 47 minutes 15 seconds West
along the North line of the Southeast Quarter (SE 1/4) of said
Section 20 and the North line of said St. Joseph County, Indiana
land a distance of 1375.54 feet to a one inch iron pipe set with
a cap stamped "M &B 13" marking the Northeast corner of land
conveyed to the State of Indiana in Deed Record 538, pages 72 -73;
thence South 00 degrees 11 minutes 51 seconds West along the East
line of said State of Indiana land. a distance of 426.31 feet to a
one inch iron pipe with a cap stamped "M &B 13" and marking the
Southeast Corner of said State of Indiana land.; thence North 89
degrees 51 minutes 08 seconds West along the South line of said
State of Indiana land a distance of 594.01 feet to the place of
beginning of this description. Containing 15.944 acres of land.
Subject to legal highways.
2010.PD
ADDENDUM TO
PURCHASE AGREEMENT
DATED MARCH 11, 1993
This Addendum is entered into this 10th day of February,
199 -4, by and between the City of South Bend, Indiana, for the use
and benefit of its Department of Redevelopment, acting by and
through the South Bend Redevelopment Commission ( "Redevelopment ")
and the St. Joseph County Airport Authority ( "Airport ");
WITNESSETH:
In consideration of the mutual covenants herein contained
it is agreed by Redevelopment and Airport that the Purchase
Agreement previously entered into between said parties as of the
11th day of March, 1993 ( "Purchase Agreement "), shall be amended
as follows:
1. Exhibit "A" to the Purchase Agreement describing
approximately 26.354 acres of real property situated in St.
Joseph County, Indiana, in the an area commonly known as the
Airport Economic Development Area, shall be and hereby is amended
to include an additional 15.944 acres, of real property also
situated in St. Joseph County, Indiana, in the an area commonly
known as the Airport Economic Development Area, as more
particularly described at Exhibit "A," hereto.
2. The first "Whereas" clause of the Purchase Agreement
shall be and hereby is amended to provide as follows:
WHEREAS, the Airport is the owner of approximately 42.298
acres of real property situated in St. Joseph County,
Indiana, in an area commonly known as the Airport Economic
Development Area, and more particularly described at
Exhibit "A," attached hereto ( "Airport land "), and
3. Section 2.D, of the Purchase agreement shall be and
hereby is amended to provide as follows:
D. Redevelopment and Airport agree that in consideration
of the conveyance of the Airport Land by Airport to
Redevelopment, Redevelopment shall pay to Airport the
total sum of Six Hundred Thirty -four Thousand Four Hundred
Seventy Dollars ($634,470.00), payable to Airport in
increments of $15,000.00 per acre of Airport Land conveyed
to a third party at the time of Closing. Redevelopment
and Airport agree that Redevelopment shall make payment of
the entire sum of Six Hundred Thirty -four Thousand Four
Hundred Seventy Dollars ($634,470.00) due hereunder to
Airport not later than midnight of April 1, 2000, and that
in the event Redevelopment has not made payment in full to
Airport on or before such date and time, title to that
portion of the Airport Land remaining vested in
Redevelopment and -for which the respective incremental
payment to Airport has not been made, shall revert to
Airport, unless otherwise agreed by Airport and
Redevelopment in a separate written agreement recorded in
the office of the St. Joseph County Recorder.
4. The Conditions Subsequent to Transfer; Possibility of
Reverter; Grantee's Covenants and Restrictions Upon Use provisions set
forth in Section 4.(d) of the Purchase Agreement, to be contained in
the Deed conveying to Redevelopment title to the Airport Land (as
defined in the Purchase Agreement prior to this Addendum), shall also
be contained in the Deed conveying to Redevelopment that portion of
the Airport Land described at Exhibit "A," hereto: Provided, however,
subdivision (a) of said conditions, covenants and restrictions shall
be and hereby is amended, with respect to that portion of the Airport
Land described at Exhibit "A," hereto, to provide as follows:
This conveyance is made as long as Grantee shall make payment
of the entire amount of Two Hundred Thirty -nine Thousand One
Hundred Sixty Dollars ($239,169.00) due hereunder to Grantor,
on or before April 1, 2000, and that in the event Grantee has
not made payment in full thereof to Grantor, title to that
portion of the Real Estate remaining vested in Grantee and for
which the respective payment to Grantor has not been made and
with respect to which a Certificate of Payment and Release from
Reverter Provision has not been issued by Grantor, shall revert
to Grantor, unless otherwise agreed by Grantor and Grantee in a
separate written agreement recorded in the office of the St.
Joseph County Recorder.
5. The dates contained in Sections 6
Agreement for satisfying conditions precedent
cancellation of the Purchase Agreement in the
are not satisfied, shall be and hereby are am
that portion of the Airport Land described at
provide April 15, 1994.
and 8 of the Purchase
to closing and for
event such conditions
Bnded, with respect to
Exhibit "A," hereto, to
6. Redevelopment and Airport agree and acknowledge that the
portion of the Airport Land described at Exhibit "A," hereto, is not a
part of and therefore will not to be developed as a part of Blackthorn
Corporate Center, and that the provisions of the Purchase Agreement
concerning the development of Blackthorn Corporate Center do not apply
with respect to that portion of the Airport Land described at Exhibit
"A," hereto, but further agree that Redevelopment shall use its best
efforts to develop and dispose of the portion of the Airport Land
described at Exhibit "A," hereto, in a manner that best serves the
interests of the Airport, Redevelopment and the development of the
Airport Economic Development Area.
0
J
Airport and Redevelopment acknowledge and agree that all
remaining terms and conditions, as set forth in the Purchase
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Addendum to
Purchase Agreement to be executed for and on their behalf on the day
and year first written above.
ATTEST: -�
Theo F. Shy p"; e etary
SOUTH B D REDEVELOPMENT COMMISSION
By;
Paula N. Auburn, President
ST. JOSEPH COUNTY AIRPORT AUTHORITY
By:
Lloyd -S. T&ylor, "Pr,esidhnt
ATTEST:
(11. �' c
J I es K. Hughes, (Secretary
STATE OF INDIANA )
)SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said
County and State, personally appeared City of South Bend, Department
of Redevelopment, by Paula N. Auburn, and Theo F. Sharp, President
and Secretary, respectively, of the South Bend Redevelopment
Commission, and acknowledged the execution of the foregoing Deed.
:ESS WHEREOF, I have hereunto subscribed my name and
V o
.Av�ficial seal on the �� day of ti , 1994.
'c:' Notary ublic C N,:.y i/c it H;
' On Expires : Residing in St. Joseph County, IN
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