HomeMy WebLinkAboutResolution No 04-2020 - Transfer Ownership of Howard Park PropertiesRESOLUTION NO. 04-2020
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND
BOARD OF PARK COMMISSIONERS
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of 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 Board of Park Commissioners (the "Park Board") exists and
operates pursuant to Ind. Code 36-10-3 and 36-10-4; and
WHEREAS, the Board holds certain real property located in the City and comprising a
portion of the land and improvements known as Howard Park, as more particularly described on
Exhibit A, (the "Property"); and
WHEREAS, the Park Board desires to obtain the Property for park purposes; and
WHEREAS, the Park Board will adopt a Resolution accepting the BPW's transfer of the
Property in accordance with Ind. Code 36-10-3-18(a); and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
1. The Board approves the conveyance of the Property to the Park Board 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 the form attached hereto as Exhibit B conveying all of
the Board's right, title, and interest in the Property to the Park Board.
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 Park Board, as well as to execute any
other document necessary to affect the Board's conveyance to the Park Board.
4. This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana,
held on January 28, 2020 at 1308 County -City Building, 227 West Jefferson Boulevard, South
Bend, Indiana 46601.
ATTEST:
i da Martin, Clerk
2
CITY OF SOUTH BEND
BOARD OF PUBLIC WO .
Gary Gilot, president
m�
Theres Dori, Member
44, irl
irabetb..Maradik. Member
R. Molnar, Member
EXHIBIT A
Legal Description
PARCEL I: Lots 4 through 19 in Wm. C. Heck's Addition to the City of South Bend. Also, Lot
170 and Lots 183 through 200 in Samuel L. Cottrell's First Addition to the Town, now City, of
South Bend, together with vacated Niles Avenue, Hill Street, Wayne Street, and all alleys lying
with the above description.
Parcel No. 018-6001-0002
Parcel II: A tract of land containing about One (1) acre, and being situated in the Northeast corner
of the East fraction lying on the East side of the St. Joseph River, of the Southeast Quarter of
Section 12, Township 37 North, of Range 2 East, which tract lies South of Division Street, and
lies West of St. Louis Street in Alexis Coquillard's Second Addition to the City of South Bend,
and lies East and North of the St. Joseph River and marked "Reserve" on the Plat of Alexis
Coquillard's Second Addition, being the same land conveyed by Almond Bugbee to grantor by
deed recorded in Deed Record 50, page 250 of the deed records of said County.
Parcel No. 018-6001-0003
EXHIBIT B
Form of Quit Claim Deed
RETURN TO:
City of South Bend
227 W Jefferson Blvd., Ste 1308
South Bend, IN 46601
AUDITOR'S RECORD
TRANSFER NO. �...
TAXING UNIT
KEY NO. 018-6001-0002
018-6001-0003
THIS INDENTURE WITNESSETH THAT
City of South Bend; Municipal City of South Bend; City of South Bend, for the use and benefit of
its Board of Public Works ("Grantor")
CONVEYS and QUIT CLAIM TO
City of South Bend for the Use and Benefit of its Board of Park Commissioners ("Grantee"), for
consideration other than monetary the receipt whereof is hereby acknowledged, the following described
REAL ESTATE in Saint Joseph County, in the State of Indiana, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to covenants, restrictions, easements of record and other matters of record.
IN WINTESS WHEREOF, the Grantor has executed this deed this day of
2020.
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]
Grantor:
City of South Bend; Municipal City of South Bend; City of South Bend, for the use and benefit of
its Board of Public Works
Gary lot, President
ATTEST:
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I nda M. Martin, erk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this ,I r day of
2020, personally appeared Gary A. Gilot and Linda M. Martin, known to me to be
respectively the Board and Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor
named herein and acknowledged execution of the foregoing Quit Claim Deed, being authorized by
Resolution No. 04-2020 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.
AF'RII. !VE n �IVIA7F.:CK
I mil•
Notary Public - SealyL
Si Joseph County- State of Indiana " P '4e, Notary Public
Commission Number tt(}'/g4 lies dent of County, Indiana
MY Commission Expires Feb 22, 2026 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, IN
46601
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date Janu 21 2020
Name Aaron Perri Department VPA
BPW Date Januar 28 2020 Phone Extension 4782
�. 7 momomo u
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Diversity Compliance Officer Name
and Inclusion Officer
BPW Attorney
Attorney Name
Clara McDaniels
Dept. Attorney
® Attorney Name
Clara McDaniels
Purchasing
El
Professional Services Agreement ❑Contract
Proposal
Open Market Contract
(]
Amendment/Addendum El Special Purchase, QPA
Bid Opening
El
Bid Award
El Req. to Advertise ❑ Title Sheei
Quote Opening
[l
Quote Award
Reject Bids/Quotes
Fj
Proposal Opening
C/O & PCA No.
❑ PCA
Fj
Chg. Order, No.
EJ
Traffic Control
® Resolution
(�
Other _
(-1 Ease./Encroach
Company or Vendor Name
New Vendor
EJ Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor
E] MBE MBE Completed E-Verify Dorm ,attached � Yes
No
Project Name
Project Number
Funding Source
Account No.
Amount
_....... .....
Terms of Contract
Purpose/Description Transfer all Howard Park Property recorded under the City ownership by a
through the Board of Public Works to City ownership by and through the
Board of Park Commissioners.
._ ....._�........�. For Chang Orders
Amount .. ...,.. _. .� ..mm_...W
of ❑ Increase $
❑ Decrease �$ )
Previous Amount $ _
Increase ...�_. °/ _w .........���. .......�.._
0
Current Percent of Change: Decrease ( %)
New Amount $
Increase /o
.... �..... _.... _.
Total Percent of Change: Decrease %)
Time Extension Amount:
New Completion Date: