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HomeMy WebLinkAboutTransfer of Park Property to the South Bend Community School Corporation r w ORDINANCE No. 8334-92 Passed by the Common Council of the City of South Bend, Indiana- December 28, 92 19 Attest: t City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ December 29, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me °1144 3-9 19ga 1/e"e"'"--4"'"'"%- Mayor t ORDINANCE NO. S>334,1- SUBSTITUTE BILL AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER. OF PARK PROPERTY TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION STATEMENT OF PURPOSE AND INTENT The South Bend Community School Corporation has expressed interest in acquiring certain real property owned and controlled by the City of South Bend Park Department and more commonly known as Studebaker Park, in order to allow .for the expansion of. the Riley High School. The. School. Corporation inteneg to use the real property for physical education and outdoor recreation activities and to make the same available for public use.. NOW, THEREFORE, BE. IT ORDAINED. BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That the City of. South Bend for the use of its. Park Department. andJor Board of Park Commissioners, (the "Park Department" ) owns certain real property situated in St. Joseph County, being more particularly described as follows: All of Studebaker Park in the. City of South Bend and bounded as follows: On the South by Calvert Street;. on the East by High Street; on the West by Rush Street and Marietta Street; and on the North by Dayton and private property; as further described as City of. South. Bend Engineer's records attached hereto and made a part hereof. as Exhibit "A" (hereinafter, "the Real Property") . Section II. That. the Real Property is not required for park purposes... Section III. That on November 23, 1992, the City of South Bend Board of Park Commissioners (the "Park Board") adopted a Resolution authorizing the transfer of the Real Property to the South Bend Community School. Corporation. (the "School Corporation") in exchange for the agreement of the School Corporation to undertake and pay for certain improvements to the Real Property, to maintain said improvements, to provide public access to said improvements, either at the current park site or at some other site on the Riley campus in the event that it should be necessary to relocate park facilities currently existing at the Real. Property, to provide an updated legal description pending completion of a survey, to use said. Real. Property for physical education and outdoor recreation, and that no buildings will be. constructed. on the site other than the improved. recreation and physical education facilities, and to provide a right of reversion to the Park Department in the event any of the covenants herein are breached by the. School. Corporation.. Section IV. That the improvements to be made to, and the availability for use by the public of, the Real Property have a value to the Park Department that meets or exceeds_ the fair market value of the Real Property. Section V. That the Common Council of the City of South Bend } 1 c • 2. That the Park Board and the School Corporation adopt substantially identical resolutions pursuant to I.C. 36-1.-11-8, to memorialize the terms and conditions of the transfer of. the Real. Property from the Municipal City of South Bend for the use of its Park Department and/or Board of Park Commissioners to the South Bernd. Community School Corporation.. 3. That the. President of the. Park Board and the secretary of the Park. Board attest to the execution of, a quit-claim deed to effectuate the transfer of the Real Property.. Section VI. That the Common. Council of the. City of South Bernd., Indiana., hereby approves and directs transfer of the. Real Property from the. Municipal. City of South.. Bend for the use of its Park. Department and/or Board of Park Commissioners to the South. Bend Community School Corporation.,. all pursuant to and consistent with the findings made herein.. Section. VII. This Ordinance shall be in.. full force and effect. upon passage by the Council and approval by the Mayor. emb:! , S*fir h end Common Council t , r EXHIBT A PARCEL I: Part of the Southeast Quarter of Section 13, Township 37 North, Range 2 East, Portage Township, City of South Bend, County of St. Joseph, State of Indiana, described as follows: Beginning at the intersection of the North line of Calvert Street with the East line of Rush Street; thence North 01°26'50" East (bearing assumed) along the East line of said Rush Street, 332.19 feet to the South line of a 14 foot alley; thence North 89°57'05" East along the South line of said alley, 459.81 feet to the East line of Marietta Street; thence North 01°16'05" East along the East line of said Marietta Street, 134.01 feet to the South line of vacated Dayton Street; thence North 89°53'34" East along the South line of said vacated Dayton Street, 411.15 feet to the West line of High Street; thence South 01°16'39" West along the West line of said High Street, 465.63 feet to the North line of Calvert Street; thence Westerly along the Northerly line of said Calvert Street for the next nine (9) courses as follows: South 79°01'15" West, 60.98 feet; thence Southwesterly on a curve to the right an arc distance of 104.36 feet having a radius of 256.64 feet and subtended by a chord having a bearing of North 89°19'45" West and a length of 103.65 feet; thence North 77°40'45" West, 5.30 feet; thence Southwesterly on a curve to the left an arc distance of 248.06 feet having a radius of 411.97 feet and subtended by a chord having a bearing of South 85°04'15" West and a length of 244.33 feet; thence South 67°49'15" West, 52.70 feet; thence Southwesterly on a curve to the right an arc distance of 189.50 feet having a radius of 256.48 feet and subtended by a chord having a bearing of South 88°59'15" West and a length of 185.22 feet; thence North 69°50'45" West, 72.07 feet; thence Northwesterly on a curve to the left an arc distance of 155.37 feet having a radius of 439.26 feet and subtended by a chord having a bearing of North 79°58'45" West and a length of 154.56 feet; thence South 89°53'15" West, 5.98 feet to the point of beginning, EXCEPTING THEREFROM the following two (2) tracts: Tract 1: Lots Numbered One Hundred Thirty (130) , One Hundred Thirty-one (131) , One Hundred Thirty-two (132) , One Hundred Thirty-three (133) , One Hundred Thirty-four (134) and One Hundred Thirty-five (135) as shown on the recorded Plat of Henry Studebaker's Second Addition to the City of South Bend, recorded April 26, 1904 in Plat Book 8, page 164 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER WITH the vacated alley lying between Lot 130 and Lots 131 thru 135 inclusive. Tract 2: Lots Numbered Sixty-eight (68) , Sixty-nine (69) , Seventy (70) , Seventy-one (71) and Lot Numbered One Hundred Ninety-three (193) as shown on the recorded Plat of South East Addition to the City of South Bend, recorded April 2, 1903 in Plat Book 8, page 104 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER WITH the vacated alley lying between Lots 69 and 70 and that portion of vacated Milton Street lying between Lots 193 and 68. PARCEL II: Lots Numbered One Hundred Thirty (130) , One Hundred Thirty-one (131) , One Hundred Thirty-two (132) , One Hundred Thirty-three (133) , One Hundred Thirty-four (134) and One Hundred Thirty-five (135) as shown on the recorded Plat of Henry Studebaker's Second Addition to the City of South Bend, recorded April 26, 1904 in Plat Book 8, page 164 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER WITH the vacated alley lying between Lot 130 and Lots 131 thru 135 inclusive. PARCEL III: Lots Numbered Sixty-eight (68) , Sixty-nine (69) , Seventy (70) , Seventy-one (71) and Lot Numbered One Hundred Ninety-three (193) as shown on the recorded Plat of South East Addition to the City of South Bend, recorded April 2, 1903 in Plat Book 8, page 104 in the Office of the Recorder of St. Joseph County, Indiana, TOGETHER WITH the vacated alley lying between Lots 69 and 70 and that portion of vacated Milton Street lying between Lots 193 and 68. t t t t ftmnmtttrr &port a!n the titmmutwu &unril of tip Mtn of EPoutli tBen&: Your Committee of the Whole to whom was referred BILL NO. 119-92 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PARK PROPERTY TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. Ann Puzzello Chairman • 1"1 k j z City of South Bend Joseph E.Kernan,Mayor Department of Public Parks Phillip L. St. Clair Acting Superintendent December 2, 1992 Mr. Stephen Luecke, President South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Re: An Ordinance Approving the Transfer of Studebaker Park to the South Bend Community School Corporation Dear Mr. Luecke: I am attaching for filing an ordinance approving the transfer of the Studebaker Park property to the South Bend Community School Corporation, in order to facilitate the expansion of Riley High School at its current Ewing Street location. As agreed to by the Park Board on November 23, 1992, the property in question (or other land at the Riley site, if necessary) would continue to serve the recreational needs of the community, while accommodating the proposed expansion. Your favorable consideration is respectfully requested. Sincerely, DEPARTMENT 0 PUBLIC PARKS 04.be Phillip L. St. Clair Acting Superintendent PLST:mm encl. 301 S. St. Louis Boulevard • South Bend, Indiana 46617 • 219/235-9401 • Fax 219/235-9331 Administrative Director Maintenance Superintendant Forester Zoo Director Fiscal Officer Security Betsy Harriman A.Michael Dyszkiewicz Karl T.Stevens Johnny Martinez Ronald M.O'Connor Joseph J.Radecki 235-9401 235-9414 235-9401 235-9800 235-9401 235-9401