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HomeMy WebLinkAboutTransfer of Property at 1733 East Northside Blvd from the Park Department ORDINANCE No. 8188-91 Passed by the Common Council of the City of South Bend, Indiana- June 10, 91 - '9 "`-�°�-` City y Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 11, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me I9 �'`' Mayor SUBSTITUTE: p / ORDINANCE NO. FAT-A8 7 / AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PROPERTY AT 1733 EAST NORTHSIDE BOULEVARD FROM THE PARK DEPARTMENT/PARK BOARD TO THE CITY OF SOUTH BEND AND APPROVING THE TRANSFER OF PROPERTY 2402 EAST ROSE STREET STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana received certain lands by way of Warranty Deed dated October 31, 1951, such lands being deeded to the City for the use of its Park Department and/or Board of Park Commissioners. On May 18, 1952, the Park Board executed with the United States of America, a fifty (50) year Land Lease for a portion of said lands, to be used by the United States of America for construction and occupancy of an organized reserve corps armory building and appurtenances, which structures were subsequently constructed. That portion of the lands deeded to the City that was leased to the United States of America is more commonly known as the Northside Boulevard Armory. The City of South Bend has been engaged in discussions with the United States Army concerning its vacation of the Northside Boulevard Armory and relocation to another facility within the City of South Bend prior to the expiration of the Land Lease. The Army is consolidating reserve units and needs a larger reserve facility. The City owns another property ( "Maple Lane" ) , a former elementary school given to the City in 1988 by the South Bend Community School Corporation. Maple Lane, if upgraded, would suit the Army' s reserve facility needs. Relocating the reserve center to a new location that is also within the City' s boundaries would serve the City' s and community' s interests. An added bonus from the relocation of the Army to Maple Lane is the early release by the Army of its leasehold to Northside and the possibility of making Northside available to IUSB for expansion of its campus. Expansion of the IUSB campus would be a tremendous economic and educational boon to the City and community. The Army proposed a property exchange - the release of its leasehold and title to the improvements it had constructed at Northside in exchange for fee title to Maple Lane. Additionally, the Army proposed the upgrading of Maple Lane, with the release of the leasehold and conveyance of Maple Lane to occur upon the completion of the improvements by the City. The Community Foundation of St. Joseph County, formerly the Civic Foundation, a private not-for profit corporation organized under and operating pursuant to the laws of the State of Indiana, has been interested in facilitating the expansion of IUSB for sometime and has taken an interest in the Army Reserve project as well. It has been determined to involve the Foundation in this project because of its long-standing interest and because it was felt that the Foundation could undertake the construction project on a quicker, and therefore less costly basis. It has been determined that the Foundation could accomplish the required construction more quickly and efficiently than the City. Since the construction scheme proposed by the Army requires the party contracting for the construction work to own the site to be improved (Maple Lane) , it is proposed to transfer Maple Lane to the Foundation. However, since the exchange agreement calls for an exchange of the Northside leasehold and improvements for Maple Lane, one party must hold title to both Northside and Maple Lane. Consequently, it has been proposed that both Northside and Maple Lane would be transferred to the Foundation, with the Foundation standing in place of the City once Maple Lane and Northside are transferred to it. As is noted above, there are $500,000 in expenses the City and/or Foundation have to contribute to the project beyond the value of Maple Lane, itself. Northside has been appraised at or near this cost. It has been proposed that upon release by the Army of its leasehold and transfer to the Foundation of title to the improvements located thereupon, the Foundation shall sell Northside to IUSB for $500,000 . The $500,000 would then be used to reimburse the City and Foundation for expenses incurred by both in facilitating this project. The Northside Boulevard Armory has not been used for Park purposes since at least May 18, 1952, and the plans of the Park Board have not and do not contemplate the use of the Northside Boulevard Armory for Park purposes. On November 20, 1989, the Board of Park Commissioners for the City of South Bend memorialized its intentions with respect to the Northside Boulevard Armory in a Resolution authorizing its sale in order to facilitate the relocation of the United States Army Reserve operation housed there, and to facilitate the acquisition of the Northside Boulevard Armory by Indiana University. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. That the City owns for the use of the Park Department and/or Board of Park Commissioners the following described property, situated in St. Joseph County: A part of the West Half (WI ) of the Northeast Quarter (NE* ) of Section Eighteen ( 18) , Township Thirty Seven ( 37) North, Range Three ( 3 ) East, Portage Township, all in the City of South Bend, St. Joseph County, Indiana, and more particularly described as follows: Beginning at the southeast corner of Lot No. 24 in Miksell' s G.W. First Addition in South Bend, Indiana (Plat Book No. 8, Page 137, St. Joseph County) , said corner being on the southerly extension of the west right of way line of a public street (now known as Greenlawn Avenue) ; thence North 89°34 ' 55" West (Assumed Bearing) along the south line of said Lot No. 24 a distance of 141.85 feet; thence along the south line of a 14 foot alley South 78°53 ' 00" West a distance of 364. 59 feet; thence South 00°20 ' 25" East a distance of 370. 19 feet; thence South 62°12 ' 25" East a distance of 177. 06 feet to the northern right of way line of a public street (now known as Northside Boulevard) ; thence continuing along said nnrthorn ri r-rhi- of c.rmcr l i no F4 crc ( Si 1 • continuing North 65° 36' 10" East a distance of 28.12 feet; thence North 70° 35' 10" East a distance of 7.75 feet to an intersection with the southerly extension of the centerline of Greenlawn Avenue; thence North 00° 20' 25" West along said southerly extension of the centerline of Greenlawn Avenue, a distance of 192. 58 feet; thence North 89° 34' 55" West a distance of 33 . 00 feet to the Point of Beginning and containing 4.241 acres, more or less. This description being subject to all leases, easements, and rights of way of public record, more commonly referred to as "Northside." SECTION II . That the City of South Bend owns the following described property situated in St. Joseph County: A part of the South Half of the Southwest Quarter of Section 32, Township 38 North, Range 3 East described as follows: Beginning at a point on the North line of the South Half of said Southwest Quarter, 399.00 feet East of the Northwest corner of said South Half; thence North 90°00' 00" East along the North line of said South Half 648.00 feet; thence South 00°21' 41" West, parallel with the West line of said Section 32, 661. 03 feet; thence North 89°59' 50" West, 403 . 00 feet; thence North 00°21' 41" East, parallel with the West line of said Section 32 114.00 feet; thence North 89°59' 50" West, 115.00 feet; thence North 00°21' 41" East, parallel with the West line of said Section 32, 253 .00 feet; thence North 89°59 ' 50" Westm 130.00 feet; thence North 00°21' 41" East, parallel with the West line of said Section 32, 294.00 feet to the point of beginning. This parcel contains 8.43 acres, more or less, and is subject to legal highway and all restrictions and easements of record, more commonly referred to as'-Maple Lane` SECTION III. That Northside has not been used for Park purposes since at least May 18, 1952, on which date the Park Board executed a lease with the United States of America for the use and occupancy of Northside for Army Reserve activities. SECTION IV. That the Park Board does not contemplate use of Northside for Park purposes, that Northside is not required for Park purposes, and that on November 20, 1989, the Park Board adopted a resolution authorizing the sale of Northside in order to facilitate the relocation of the United States Army Reserve operation currently housed at Northside, and to facilitate the acquisition of Northside by Indiana University for expansion of its South Bend campus. SECTION V. That the Common Council of the City of South Bend hereby finds it to be in the best interests of the City of South Bend and South Bend Park Department: 1. That title to Northside be transferred from the Municipal City of South Bend for the use of its Park Department and/or Board of Park Commissioners to the City of South Bend, Indiana, pursuant to I .C. 36-10-4-9(c) ( 8) and 36-10-4-18 . 3. That the President of the Board of Park Commissioners of the City of South Bend execute, and the secretary of the Board of Park Commissioners of the City of South Bend attest to the execution of, a quit claim deed to effectuate the transfer of Northside. 4. That the Board of Public Works for the City of South Bend dispose of Northside and Maple Lane to the Community Foundation of St. Joseph County, formerly the Civic Foundation, by adoption of resolution setting forth the terms and conditions of the transfer, and by warranty deed executed by the Mayor of the City of South Bend, Indiana, said execution attested to by the Clerk for the City of South Bend, pursuant to I .C. 36-1-11-1(a) (7) , which exempts the disposition of property owned by the City of South Bend from the procedures, including the approval of the Common Council of such disposal, otherwise governing the disposition of public property. 5. That the Community Foundation of St. Joseph County, upon the satisfaction of the terms of the exchange agreement referred to in the preamble hereto, transfers Northside to Indiana University for use in the expansion of its South Bend Campus. 6. That the fair market value of Northside has been appraised at or near $500,000, that $500,000 is a reasonable price to be paid by Indiana University for Northside, and that proceeds of the sale of Northside to Indiana University by the Community Foundation of St. Joseph County, be expended by and/or reimbursed to the Community Foundation of St. Joseph County, and City of South Bend, to fund the $500,000 community contribution to the Army Reserve relocation project required by the federal legislation referred to in the preamble hereto. The Indiana State Legislature has granted Indiana University $2.7 million bonding capacity to fund the expansion of the Indiana University' s South Bend campus, $500,000 of which sum has been earmarked to fund the acquisition of Northside. SECTION VI . That the Common Council of the City of South Bend, Indiana, hereby approves and directs transfer of Northside from the Municipal City of South Bend for the use of its Park Department and/or Board of Park Commissioners to the City of South Bend, Indiana, with knowledge and approval of the subsequent transfer of Northside by the City of South Bend, Indiana, to the Community Foundation of St. Joseph County, for eventual transfer to Indiana University, and hereby approves and directs the trasnfer of Maple Lane from the City of South Bend to the Community Foundation of St. Joseph County, 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. / Member Y% th Bend Common Council JPM/ORD-RES3-ORD-1733 . . ieel", - , , ���sOUTN 8.;��11 I� N z 1 City of South Bend a;,-,,,,,,-::: .' j Joseph E. Kernan, Mayor 1 * 465 *� " Department of Law Richard A. Nussbaum, II, City Attorney June 10, 1991 Mr. Donald Niezgodski, President South Bend Common Council Fourth Floor County-City Building South Bend, IN 46601 Re: An Ordinance Approving the Transfer of Park Property Dear Mr. Niezgodski: I am filing a substitute version of the above-referenced bill, and am including what I trust to be a sufficient number of copies for the council members and the council attorney. The substitute bill does not substantively affect the effect of the ordinance, but does spell out in more detail, for the council' s benefit, how this proposed disposition fits into the larger projects of relocating the Army Reserve Center from the current Northside location to the former Maple Lane School, and expanding the campus of Indiana University at South Bend. Thank you for your consideration. Sincerely, Jenny P, tts Manier Chief •ssistant City Attorney JPM/jl L-M3/1NIEZ 1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld fhnmmtttrt I part Uhl the eimmnwn flounril of the (Mtn of*oath Bend: Your Committee of the Whole to whom was referred BILL NO. 30-91 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE TRANSFER OF PROPERTY AT 1733 EAST NORTHSIDE BOULEVARD FROM THE PARK DEPARTMENT/PARK BOARD TO THE CITY OF SOUTH BEND. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. Chairman Loretta Duda FREE PRESS etlaW PUBLISHING CO.