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HomeMy WebLinkAboutResolution No 26-2020 - Transfer to RDC 2520 Mishawaka Ave Fire Station #9RESOLUTION NO.26-2020 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 two (2) parcels of real property in the City, which constitute the property commonly known as the old Fire Station #9 at 2520 Mishawaka Avenue, South Bend, Indiana, both more particularly described on ,Exhibit r° (together, the "Property"); and WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind. Code 36-1-11-8 for the purpose of making the Property available for re -use and redevelopment in accordance with the Commission's purposes and powers under the Act; and WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the Board's conveyance of the Property to the Commission and appointing a representative to accept and record the deed received from the Board. 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, the 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 deeds 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 September 22, 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. Gilot, President Therese J. Doran, Member Elizabeth A. Maradik, Member Jordan V. Gathers, Member ATTEST: irrda 1'mliir Joseph R Molnar, Member _ Linda M. Martin, Clerk EXHIBIT A Legal Description PARCEL I: Seventy-nine (79) feet East and West fronting upon Mishawaka Avenue by One Hundred Twenty (120) feet North and South taken off of and from the West end of Lots Numbered One Hundred Twenty (120) and One Hundred Twenty-one (121) in Horne and Dunn's, inadvertently referred to as Dunn and Horn's, Addition to the Town of River Park, now a part of the City of South Bend. PARCEL NO. 018-6034-1071 PARCEL II: Twelve (12) feet North and South by Seventy-nine (79) feet East and West of the Southwest corner of Lot Number One Hundred Twenty-one (121) of Horne and Dunn's Addition to the Town of River Park, in advertently referred to as O.P. River Park Addition. PARCEL NO. 0 18-6034-1074 TOGETHER, PARCEL I AND PARCEL II ARE COMMONLY KNOWN AS: 2520 Mishawaka Avenue, South Bend, IN 46615 EXHIBIT B Form of Quit Claim Deed 2520 Mishawaka Avenue RETURN TO: AUDITOR'S RECORD: City of South Bend TRANSFER NO. 227 W Jefferson Blvd., Ste 1400S TAXING UNIT: South Bend, IN 46601 PARCEL NOS. 018-6034-1071 018-6032-1074 4JIT CLAIM DEED 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: PARCEL I: Seventy-nine (79) feet East and West fronting upon Mishawaka Avenue by One Hundred Twenty (120) feet North and South taken off of and from the West end of Lots Numbered One Hundred Twenty (120) and One Hundred Twenty-one (121) in Horne and Dunn's, inadvertently referred to as Dunn and Horns, Addition to the Town of River Park, now a part of the City of South Bend. PARCEL NO. 018-6034-1071 PARCEL II: Twelve (12) feet North and South by Seventy-nine (79) feet East and West of the Southwest corner of Lot Number One Hundred Twenty-one (121) of Horne and Dunn's Addition to the Town of River Park, in advertently referred to as O.P. River Park Addition. PARCEL NO. 018-6034-1074 TOGETHER, PARCEL I AND PARCEL II ARE COMMONLY KNOWN AS: 2520 Mishawaka Avenue, South Bend, IN 46615 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 22nd• day of September 2020. GRANTOR: City of South Bend, Indiana, Board of Public Works a By: Gary A. Gilot, President ATTEST: 8ENda C Qf-(x7rtr .11,1111, ............................... - ----------- Linda ..M....Martin, Clerk WITNESS: Laura Hensley (Printed Name) STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this 22ndday of September, 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 26-2020 of the City of South Bend, Indiana, Board of Public Works so to do. Additionally, Laura Hensley .......... __............. ........................... being known to me to be the person whose name is subscribed as a witness to the foregoing instrument, personally appeared and stated that he or she is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. LORY L TIMMER ,., Nonar ; � II11. t 0rw,rslyr MV�M��nh��NrEx r '+4 Y SopW*er 23M 425 h"mil l �i tvfl__, Notary Public Resid ne l` St. Joseph County, lndi na "l Commission expires: 1. , 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 WITNESS CERTIFICATION W" ness Signature Witness Printed Name State of Indiana, St. Joseph County Before me, A Notary Public personally appeared [--AU(6�14)�ZjPkl,being known or proved to me to be the person whose name is subscribed as a witness tothethe pregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by µµa . %d o in the foregoing subscribing witness' presence. Witnes my hand �rial Seal thins A` day of20 Signature:~ _. Printed Name:—,,, ..... IT t y't'i,.i i ,Notary Public Residing in tJ i .; __ ................ y 23, 2025 Commission Expires: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 15, 2020 Name David Relos Department DCI BPW Date September 22, 2020 Phone Extension 5836 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Sandra Kennedy Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ® Resolution n Other: n Ease./Encroach Information Company or Vendor Name Board of Public Works ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No MBE Yes MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Project Number Funding Source Account No. Amount Terms of Contract Transfer 2520 Mishawaka Ave (old Fire Station # 9) to RDC for Purpose/Description Redevelopment purposes. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease % Time Extension Amount: New Combletion Date: