HomeMy WebLinkAboutResolution No 03-2020 - Transfer Six (6) Vacant Lots in the 800 Block of Portage Ave. for RedevelopmentRESOLUTION NO.03-2020
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board")
exists pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South
Bend, Indiana (the "City") pursuant to Indiana Code Section 36-9-6-3, and is authorized to
transfer such property to another governmental entity pursuant to Indiana Code Section 36-1-11-
8; and
WHEREAS, the South Bend Redevelopment Commission, the governing body of the
City of South Bend, Indiana, Department of Redevelopment (the "Commission"), exists and
operates pursuant to Indiana Code Section 36-7-14 (the "Act"); and
WHEREAS, the Board owns six (6) parcels of real property in the City on Portage
Avenue at its intersection with Rex Street, commonly known as 808 N Portage Avenue, and
more particularly described on Exhibit A (the "Property"); and
WHEREAS, pursuant to declaratory resolutions previously adopted and amended from
time to time, the Commission has declared a certain area of the City known as the "River West
Development Area" as a redevelopment area and an allocation area under the Act and approved
an economic development plan for the Area; and
WHEREAS, the Commission desires to obtain title to the Property to encourage the
redevelopment of the property commonly known as the former Ward Baking. Co. building and
for any other purpose authorized by the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
1. The Board hereby approves the conveyance of the Property to the Commission in
accordance with Indiana Code Section 36-1-11-8.
2. The President and Clerk of the Board are authorized and instructed to execute and
attest, respectively, a quit claim deed in substantially the form attached hereto as Exhibit B,
conveying all of the Board's right, title, and interest in the Property to the Commission.
3. The Board authorizes David Relos or Andrew Netter 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, as well as to execute any
other document necessary to affect the Board's conveyance to the Commission.
4. This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works
held on January 28, 2020, at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. i ot, President
"" _.. .......................
'1" lterese i . °au, Member
Elizabeth MaradiV Member
Molnar, Wmer
ATTEST:
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EXHIBIT A
Legal Description
PARCEL I: All of Lot Numbered Thirty -Four (34) as shown on the recorded Second Plat of
Shetterley Place Addition to the City of South Bend, Indiana, EXEPTING THEREFROM the
following described tract, viz: Beginning at the Northwest corner of said Lot 34 (which place of
beginning is the point of intersection of the Easterly line of Portage Avenue with the South line
of Rex Street in said City as platted); thence East along the North line of said Lot 34, a distance
of I I I feet, more or less; to the East line of a tract of land conveyed to Standard Oil Company by
deed recorded in Deed Record 163, page 174 of the records of St. Joseph County, Indiana;
thence Southerly along the East line of the land conveyed to Standard Oil Company by said deed
a distance of 17 feet; thence Southwesterly along the line of the land conveyed to Standard Oil
Company a distance of 75 feet to the Easterly line of Portage Avenue at a point 89 feet
Southeasterly from the place of beginning; thence Northwesterly along the said Easterly line of
Portage Avenue, a distance of 89 feet to the place of beginning.
Parcel No. 018-1059-2489
PARCEL II: Lot Numbered Thirty-five (35) as shown on the recorded Second Plat of Shetterley
Place Addition to the City of South Bend.
Parcel No. 018-1059-2490
PARCEL III: Lot Numbered Thirty-six (36) as shown on the recorded Second Plat of Shetterley
Place Addition to the City of South Bend.
Parcel No. 018-1059-2491
PARCEL IV: Lot Numbered Thirty-seven (37) as shown on the recorded Second Plat of
Shetterley Place Addition to the City of South Bend.
Parcel No. 018-1059-2492
PARCEL V: Lot Numbered Seven (7) as shown on the recorded Plat of Charles E. Smith's
Subdivision of Lots Numbered 38, 39, 40, and 41 of Shetterly Place Second Plat in the City of
South Bend.
Commonly known as 808 NPortage Avenue, South Bend, Indiana
Parcel No. 018-1059-2505
PARCEL VI: Beginning at a point 11 feet Southeasterly from the Northwesterly corner of Lot
Numbered Thirty-four (34) of the Second Plat of Shetterley Place Addition to the City of South
Bend and on the Northeasterly line of Portage Avenue, as said Northeasterly line was located on
April 20, 1920, thence Southerly along the Northeasterly line of Portage Avenue, as said
Northeasterly line was located on April 20, 1920, 78 feet; thence Northeasterly along a line at
right angles with said Easterly line of Portage Avenue, 75 feet; thence Northerly 17 feet to a
point on the South line of Rex Street as said South line was located on April 20, 1920, 111 feet
East of the Northwesterly corner of said lot; thence West along the South line of Rex Street, as
said South line was located on April 20, 1920, 100 feet to a point 11 feet East of the
Northwesterly corner of Lot Numbered 34; thence Southeasterly to the place of beginning.
Parcel No. 018-1059-2488
EXHIBIT B
Form of Quit Claim Deed
RETURN TO:
City of South Bend
227 W Jefferson Blvd., Ste 1400S
South Bend, IN 46601
UIT CLAIM DEED
AUDITOR'S RECORD
TRANSFER NO.. .............
TAXING UNIT
KEY NOS. 018-1059-2488
018-1059-2489
018-1059-2490
018-1059-2491
018-1059-2492
018-1059-2505
THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through
its Board of Public Works (the "Grantor") CONVEYS AND QUIT CLAIMS TO the Department of
Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment,
by and through its governing body, the South Bend Redevelopment Commission (the "Grantee"), for and
in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which
is hereby acknowledged, the real estate located in St. Joseph County, Indiana, commonly known as 808 N
Portage Avenue, South Bend, Indiana, which is more particularly described on E h bit A. (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 d 7 day of January 2020.
GRANTOR:
Civil City of South Bend, Indiana,
acting by and through its
Board of Public Works
By:
Gary A. Gilot, President
..�"�.;.Martin, .................
[n n, Clerk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this Z day of
January, 2020, personally appeared Gary A. Gilot and Linda M. Martin, known to me to be, respectively,
as the President and Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor named
herein, and acknowledged the execution of the foregoing Quit Claim Deed, being authorized by
Resolution 03-2020 of the City of South Bend, Indiana, Board of Public Works so to do.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal.
APRIL DIANE SNIADECKIL�, �t
Notary Public - Seal
St Joseph County - State of Indiana ! Notary Public
Commission Number 710794
My commission Expires Feb 22. 2026 resident of St. Joseph County, Indiana
Commission expires:- t
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
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
_... ... m_......... ---------
Date January 17, 2020
Name David Delos _. Department DCI
BPW Date Januar 21i 2021 Phone Extension 5836
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Diversity
Compliance
Officer Name
and Inclusion Officer
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney ® Attorney Name Sandra Kennedy
Purchasing E
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Professional Services Agreement ❑ Contract
Open Market Contract Amendment/Addendum
Bid Opening Bid Award
❑ Quote Opening Quote Award
Proposal Opening ❑ C/O & PCA No.
Chg. Order, No. ❑ Traffic Control
Other:
l� eo uir ed Information
All Submissions
Proposal
❑ Special Purchase, QPA
Req. to Advertise
Reject Bids/Quotes
PCA
® Resolution
Ease./Encroach
❑ Title Sheel
Company or Vendor Name Board of Public Works _
New Vendor
®....Yes,D....pp yIf Yes, Approved b ...Purchasing... ..........
No
MBE/WBE Contractor MBE Completed E-Verify Form Attached ❑❑ Nos
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract Transfer six vacant lots in the 800 blk of Portagetothe Redevelopment
Comm_issi_on.
Purpose/Description Transfer to the RDC for development purposes,
For Clip Orders i I
Amount of Increase $
Decrease ($
Previous Amount
$
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...............�.......
Current Percent of Change:
Decrease
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New Amount
$
Increase.................................................................................w�w%w��
Total Percent of Change:
Decrease
(_ %
Time Extension Amount:
New Completion Date: