HomeMy WebLinkAboutResolution No. 3516 Accepting Transfer of Property from BPW (6 Parcels Portage and Rex)CITY OF SOUTHBEND
REDEVELOPMENT COMMISSION
Redevelopment Commission Agenda Item
DATE: February 6, 2019
FROM: David Relos, Property Development Managerw
SUBJECT: Resolution No. 3516 Accepting property from BPW (800 blk Portage)
Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington
PURPOSE OF REQUEST:
Resolution No. 3516 accepts from the Board of Public Works (BPW) the transfer of six
vacant lots in the 800 block of Portage Ave. These lots are in an area that was added
to the RWDA last year and will be taken through the Commission's disposition process
in the near future.
On January 28th BPW approved a matching Resolution, agreeing to transfer these
parcels to the Commission.
Staff requests approval of Resolution No. 3516, accepting the transfer from BPW of
these six lots.
INTERNAL USE ONLY: Project Code: N/A
Total Amount new/change (inc/dec) in budget: --0-
_; Breakdown:
Costs: Engineering Amt: ; Other Prof Sery 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 ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
14005 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p574.235.9371 f574.235.9021 www.southbendin.gov
RESOLUTION NO. 3516
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
ACCEPTING THE TRANSFER OF REAL PROPERTY FROM
THE SOUTH BEND BOARD OF PUBLIC WORKS
WHEREAS, the South Bend Redevelopment Commission (the "Commission") is the
governing body of the City of South Bend, Indiana (the "City"), Department of Redevelopment
and exists and operates pursuant to Indiana Code Section 36-7-14 (the "Act"); and
WHEREAS, the South Bend Board of Public Works (the "Board") exists and operates
pursuant to Indiana Code Section 36-4-9-5, holds real property owned by 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 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; and
WHEREAS, the Board approved the conveyance of the Property pursuant to its
Resolution 03-2020 at its regular meeting held on January 28, 2020.
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 Board
pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document
attached hereto as Exhibit B, conveying all of the Board's right, title, and interest in the Property
to the Commission.
2. The Commission authorizes David Relos or Andrew Netter of the City's
Department of Community Investment to act on behalf of the Commission in presenting the deed
for recordation in the Office of the Recorder of St. Joseph County, Indiana and executing any
other document necessary to affect the Commission's acceptance of the Property.
3. 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
February 6, 2020, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT
COMMISSION
Cl&e'll
Marcia I. Jones, Pr&lnt
ATTEST:
entin A Phillips, Secretary
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 111 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 N Portage 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 14005
South Bend, IN 46601
QUIT 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 Exhibit 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.]
RETURN TO:
City of South Bend
227 W Jefferson Blvd., Ste 1400S
South Bend, IN 46601
QUIT 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 Exhibit 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 A47 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
AT BEST;
inda M. Martin, 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 SNIADECKI
Notary Public -Seal
St Joseph County- State of Indiana rs i Notary Public
Commission Number 710794
My Commission Expires Feb 22. 2026 Resider t of St. Joseph Cot nty, Indiana
Commission expires: , RP Do_L
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 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 111 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 Il: 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