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Home My WebLink About5C5 Resolution No. 3459 Accepting Transfer and Transferring Property RESOLUTION NO. 3459 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM AND TRANSFERRING REAL PROPERTY TO WHARF PARTNERS LLC WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the governing body of the City of South Bend, Indiana Department of Redevelopment (“Redevelopment Department”) and exists and operates pursuant to Indiana Code Section 36-7- 14 (the “Act”); and WHEREAS, the Commission and Wharf Partners LLC (the “Developer”) entered into a Development Agreement, dated February 22, 2018, as the same may be amended from time to time (collectively, the “Agreement”); and WHEREAS, pursuant to Section 5.2(a)(ii) of the Agreement, the Developer is obligated to transfer its interest in certain portions of its properties to the Commission, as set forth more specifically in Exhibit A, attached hereto (the “Parcels 1 and 2”); and WHEREAS, pursuant to Section 5.2(a)(i) of the Agreement, the Developer completed a subdivision replat of the Developer Property (as defined in the Agreement) (the “Replat”), which Replat is attached hereto as Exhibit B, was accepted by the Redevelopment Department, and recorded as Document No. 1808428 on April 12, 2018, in the Office of the St. Joseph County, Indiana Recorder; and WHEREAS, the Replat necessitates the transfer to the Developer of the Commission’s interest in a certain portion of property held by the Commission, as set forth more specifically in Exhibit C, attached hereto (the “Commission Property”); and WHEREAS, the Commission Property previously was offered for sale as a part of a larger parcel, but the Commission Property was not sold; and WHEREAS, the Commission and the Developer desire to transfer and accept such properties as required to fulfill their respective obligations arising under the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Commission hereby accepts the conveyance of Parcels 1 and 2 from the Developer in the form of a quit claim deed substantially similar to the document attached hereto as Exhibit D, conveying all of the Developer’s right, title, and interest in Parcels 1 and 2 to the Commission. 2. The Commission authorizes David Relos of the City’s Department of Community Investment to act on behalf of the Commission in presenting the deeds for recordation in the Office of the Recorder of St. Joseph County, Indiana and executing any other document necessary to effect the Commission’s acceptance of Parcels 1 and 2. 3. The Commission hereby transfers the Commission Property to the Developer, subject to all easements and restrictions of record, in the form of a quit claim deed substantially similar to the document attached hereto as Exhibit E, conveying all of the Commission’s right, title, and interest in the Commission Property to the Developer. 4. This Resolution will be in full force and effect upon its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on December 13, 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 Parcel 1 Outlot A of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000203 Parcel 2 Lot 4 of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000702 EXHIBIT B Replat EXHIBIT C Commission Property Lot 2 of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000204 EXHIBIT D Form of Quit Claim Deed Parcels 1 & 2 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT Wharf Partners LLC (the “Grantor”): CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South Bend, for the use and benefit of the Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, all of Grantor’s interest in the real estate located in St. Joseph County, Indiana, and more particularly described as follows (the “Property”): Outlot A of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000203 and Lot 4 of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000702 Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of record. The undersigned person executing this Quit Claim Deed on behalf of the Grantor represent and certify that he or she 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: Wharf Partners LLC By: Printed: Its: 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 ______________________________, known to me to be the ______________________________ of Wharf Partners LLC, who acknowledged the execution of the foregoing Quit Claim Deed, being authorized so to do. 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. Sandra L. Kennedy Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 EXHIBIT E Form of Quit Claim Deed Commission Property QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the Department of Redevelopment of the City of South Bend, by and through its governing body, the South Bend Redevelopment Commission (the “Grantor”): CONVEYS AND QUIT CLAIMS TO Wharf Partners LLC (the “Grantee”), 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 as follows (the “Property”): Lot 2 of the plat of Cascade Minor Subdivision recorded on April 12, 2018, as Document No. 1808428, in the Office of the Recorder of St. Joseph County, Indiana. Parcel Key No. 018-5001-000204 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 13th day of December 2018. GRANTOR: Department of Redevelopment of the City of South Bend, by and through its governing body, the South Bend Redevelopment Commission By: Marcia I. Jones, President STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this 13th day of December 2018, personally appeared Marcia I. Jones, known to me to be the President of the South Bend Redevelopment Commission, and acknowledged the execution of the foregoing Quit Claim Deed being authorized so to do. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. Mary C. Brazinsky, Notary Public Resident of St. Joseph County, Indiana Commission expires: December 12, 2024 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. Sandra L. Kennedy Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601