HomeMy WebLinkAbout5A1 Resolution No. 3438 Accepting Transfer of Property from BPCCITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
Redevelopment Commission Agenda Item
DATE:
FROM:
SUBJECT:
August 23, 2018
David Relos, Property Development Managera,
Resolution No. 3438 (Accepting parcel from Parks)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Resolution No. 3438 approves the transfer to the Commission of a parcel south of Stephenson Mills from
the Board of Park Commissioners (Parks). This parcel was transferred to Parks in 2016 because three
City entities (BPW, RDC, and Parks) had ownership interests in the land south of Stephenson Mills and
the Wharf site. With the many planned construction activities in this area, common ownership would
streamline the approval process for agreements between the various parties.
This parcel is burdened by an easement/ option to buy dating back to 1993, when Stephenson Mills was
redeveloped. Additionally, there are overlapping easements dating back to when this area was an
industrial site. To clean this area of these many overlapping easements, and to allow for the expansion of
Seitz Park and the transfer of land to Stephenson Mills, this area is planned to be replatted and the old
easements between the parties released.
To allow these plans to move forward, this parcel needs to be transferred back to the Commission. After
the replat process the remaining land will be transferred back to Parks, which will allow Seitz Park to be
upgraded and expanded. On August 20th Parks approved transferring this parcel to the Commission.
Staff requests approval of Resolution No. 3438, accepting the transfer of this parcel from Parks.
INTERNAL USE ONLY: Project Code: ___ N'-'-A ________________ _._
Total Amount new/change (inc/dee) in budget: __ -0-· Breakdown:
Costs: Engineering Amt: · Other Prof Serv Amt ______ _
Acquisition of Land/Bldg (circle one) Amt: ____ ; Street Const Amt ______ _
Building Imp Amt · Sewers Amt ____ ; Other (specify) Amt: _____ _
_________________ . Going to BPW for Contracting? Y/N
Is this item ready to encumber now? _N/A_ Existing PO# ____ Inc/Dec$ ____ _
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 I p 574.235.9371 If 574.235.9021 I www.southbendin.gov
RESOLUTION NO. 3438
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PARK COMMISSIONERS
WHEREAS, the South Bend Redevelopment Commission (the “Commission”) exists and
operates pursuant to I.C. 36-7-14 (as amended, the “Act”); and
WHEREAS, the South Bend Board of Parks Commissioners (the “Park Board”) exists
and operates pursuant to I.C. 36-10-3 and 36-1-4; and
WHEREAS, the Commission previously transferred certain real property located in the
Seitz Park area (“Property”) in the City of South Bend, Indiana (the “City”) to the Park Board
pursuant to a quit claim deed authorized by the Commission’s Resolution No. 3368, adopted on
November 21, 2016; and
WHEREAS, the Commission and the Park Board desire to enter into an agreement with
FREG Stephenson Mill Associates, LLC related to the renovation, expansion, and improvement
of Seitz Park by the City (the “Project”); and
WHEREAS, following the finalization of the Project title work, agreements, and re-
platting, the Commission will convey back to the Park Board approximately the Seitz Park
property depicted in Exhibit B (the “Expanded Seitz Park Area”).
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The Commission hereby accepts the conveyance of the Property from the Park
Board pursuant to I.C. 36-1-11-8 pursuant to a quit claim deed in a form substantially similar to
the document attached hereto as Exhibit A, conveying all of the Park Board’s right, title, and
interest in the Property to the Commission.
2. The Commission authorizes David Relos of the City’s Department of Community
Investment to present for recordation in the Office of the Recorder of St. Joseph County, Indiana,
the deed conveying the Property to the Commission.
3. This Resolution will be in full force and effect upon its adoption by the
Commission.
Signature Page Follows
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
August 23, 2018, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Donald E. Inks, Secretary
EXHIBIT A
Form of Quit Claim Deed
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the City of South Bend, Indiana, by and through its Board of
Park Commissioners (the “Grantor”)
CONVEYS AND QUIT CLAIMS TO the City of South Bend, Indiana, for the use and benefit of its
Department of Community Development, acting by and through its Redevelopment Commission, for and
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more particularly
described in attached Exhibit 1 (the “Property”).
Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of
record.
The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify
that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
[Signature page follows.]
Dated this _____ day of _________________, 2018.
GRANTOR:
City of South Bend, Indiana, by and through its Board of
Park Commissioners
By: ________________________________________
Mark Neal, President
ATTEST:
By: _______________________________________
Eva Ennis, Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this _____ day of
_______________, 2018, personally appeared Mark Neal and Eva Ennis, to me known to be the President
and Clerk of the Board of Park Commissioners of the City of South Bend, Indiana, the Grantor, and
acknowledged execution of the foregoing Quit Claim Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
___________________________, Notary Public
Resident of _______________ County, _______
Commission expires: _____________
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Clara McDaniels
Prepared by Clara McDaniels, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601
Exhibit 1
A part of Lots 3 through 8, inclusive, as shown on the recorded Plat of Miller and Green’s First
Addition to the Town of Lowell, now City of South Bend, together with that part of Green Street,
now vacated, adjacent to said Lots, and also all that land lying South of Washington Street and
bounded on the East by the East Race, and on the South and the West by a tract of land owned by
the City of South Bend, said tract being more particularly described as follows:
Beginning at a point on the West line of Gintz Avenue, 273.00 feet South of the South line of
Colfax Avenue, measured at right angles to said South line of Colfax Avenue; thence South
05°27’44” East, along said West line of Gintz Avenue, 137.22 feet; thence North 89°54’36”
East, 24.00 feet; thence South 03°34’50” East, 227.30 feet to a point on the North line of a strip
of land heretofore sold to the City of South Bend; thence South 54°12’12” West, 32.03 feet;
thence North 46°07’59” West, 131.29 feet; thence North 41°02’53” West, 31.37 feet; thence
North 17°50’28” West 66.26 feet; thence North 24°37’29” West, 225.00 feet to a point 273.00
feet South of the South line of said Colfax Avenue; thence North 89°57’36” East, parallel with
said South line of Colfax Avenue, 204.05 feet to the place of beginning.
ALSO DESCRIBED AS:
All that part of a tract or parcel of land within the City of South bend, bounded on the North by
Colfax avenue, on the East by the East Race, on the South and on the West by the St. Joseph
River, which is South of a line 273 feet South of and parallel to the South line of Colfax avenue,
remaining after conveyance by grantor of a portion thereof to the City of South Bend, a
Municipal Corporation, by Warranty Deed dated November 4, 1977 and recorded January 6,
1978 as Document Number 7800296 in the Office of the Recorder of St. Joseph County, Indiana.
EXCEPTING THEREFROM:
That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green’s 1st Addition to
the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which is described
as beginning at a point which is South 26°17’33” East, 109.20 feet, and South 20°15’43” East,
103.83 feet (20°16’19” East, record) and South 273.00 feet from a point on the South line of
Colfax Street which is West, 220.42 feet from the West line of Gintz Avenue; thence 57°43’06”
East, 19.64 feet; thence South 24°36’05” East, 21.77 feet; thence South 17°48”04” East, 66.26
feet; thence South 41°00’29” East, 31.37 feet; thence South 46°05’35” East, 42.47 feet; thence
South 44°13’06” West, 9.17 feet; thence North 46°28’30” West, 42.54 feet; thence North 40°07’
21” West, 34.03 feet; thence North 26°17’33” West, 85.65 feet to the point of beginning.
ALSO EXCEPTING THEREFROM:
That part of Lots 3 through 8 as shown on the recorded plat of Miller and Green’s 1st Addition to
the Town of Lowell, as recorded in the records of St. Joseph County, Indiana, which is described
as: Beginning at a point which is North 57°43’06” East, 19.64 feet and South 26°17’35” East,
109.20 feet and South 20°15’43” East, 103.83 feet (South 20°16’19” East, record) and South,
273.00 feet from and south 20°15’43” East, 103.83 feet (South 20°16’19” East, record) and
South, 273.00 feet from a point on the South line of Colfax Street which is West, 220.42 feet
from the West line of Gintz Avenue; thence North 57°43’06” East, 25.54 feet; thence South
32°16’54” East, 149.75 feet; thence South 84°46’04” West, 41.28 feet (South 83°47’55” West,
record); thence North 46°05’35” West, 14.66 feet, thence North 41°00’29” West, 31.37 feet;
thence North 17°48’04” West, 66.26 feet; thence North 24°35’05” West, 21.77 feet to the Point
of Beginning.
ALSO EXCEPTING THEREFORM:
A parcel of land described as commencing at the intersection of the South right-of-way line of
Colfax Avenue with the right-of-way lines of Niles Avenue, thence North 89°54’00” West, along
said South right-of-way line, a distance of 232.26 feet to the Easterly right-of-way line of Gintz
Avenue; thence South 05°53’22”East, along said Easterly right-of-way line, a distance of 274.46
feet; thence South 5°27’44” East, along said Easterly right-of-way line, a distance of 137.81 feet;
thence South 3°34’50” East, a distance of 144.46 feet; thence South 3°12’46” West, a distance of
8.90 feet; thence South 52°57’51” West, a distance of 32.89 feet to the Easterly meander line of
the St. Joseph River; thence North 46°31’03” West along said Easterly meander line, a distance
of 132.0 feet; thence North 83°47’35” East, a distance of 104.54 feet; thence North 3°34’50”
West, a distance of 70.00 feet; thence North 86°25’10” East, a distance of 13.99 feet to the place
of beginning.
Tax Parcel No. 018-5001-0005
EXHIBIT B
Expanded Seitz Park Area
E C O L F A X A V E
0 120 24060
Feet
1 Inch = 60 Feet ³
E X H I B I T B
Expanded SeitzPark Area
City of South Bend -
Expanded Seitz Park Area
City of South Bend - Department of Community Investment