HomeMy WebLinkAbout5B1 Resolution No. 3529 Authorizing Transfer of Property to BPW (United Way Fellowes and Dubail)
RESOLUTION NO. 3529
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
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, operates, and holds property pursuant to Indiana Code Section 36-7-14 (the “Act”)
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 Public Works (the “Board”) exists and operates
pursuant to Indiana Code Section 36-4-9-5, and holds real property owned by the City pursuant
to Indiana Code Section 36-9-6-3; and
WHEREAS, the Commission owns two parcels of real property in the River West
Development Area of the City, commonly known as 405 Dubail Avenue, South Bend, Indiana,
and more particularly described on Exhibit A (the "Property"); and
WHEREAS, the Board desires to obtain title to the Property pursuant to Ind. Code 36-1-
11-8 for the purpose of donating the Property to United Way of St. Joseph County, Inc., an
Indiana non-profit and tax exempt entity under Section 501(c)(3) of the Internal Revenue Code,
for the purpose of the development of a community center; and
WHEREAS, it is anticipated that the Board will adopt a resolution accepting the
Commission's conveyance of the Property to the Board and appointing a representative to accept
and record the deed received from the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION AS FOLLOWS:
1. The Commission hereby authorizes and approves the conveyance of the Property
to the Board pursuant to I.C. 36-1-11-8 in the form of a quit claim deed.
2. The President and Secretary 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 Commission's right, title, and interest in the Property to the Board.
3. Upon acceptance of the conveyance by the Board, 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 conveyance of the Property.
4. 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 12, 2021, held electronically as authorized by the Governor's Executive Order 20-09, as
subsequently renewed by Executive Orders 20-17, 20-25, 20-30, 20-34, 20-38, 20-41, 20-44, 20-
47, 20-49, 20-52, and 21-03.
SOUTH BEND REDEVELOPMENT
COMMISSION
______________________________
Marcia I. Jones, President
ATTEST:
______________________________
Quentin M. Phillips, Secretary
EXHIBIT A
Legal Description
Parcel 1:
W 1/2 of Lot 93 of the Bowman Place Addition, commonly known as 405 Dubail Avenue, South
Bend, IN 46613.
Parcel ID: 018-7033-1281
Parcel 2:
E 1/2 of Lot 93 of the Bowman Place Addition.
Parcel ID: 018-7033-1282
EXHIBIT B
Form of Quit Claim Deed
2 Parcels comprising 405 Dubail
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. 018-7033-1281
018-7033-1282
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT 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 “Grantor”) CONVEYS AND QUIT CLAIMS TO the Civil City
of South Bend, Indiana, acting by and through its Board of Public Works (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 1:
W 1/2 of Lot 93 of the Bowman Place Addition, commonly known as 405 Dubail Avenue, South Bend,
IN 46613.
Parcel ID: 018-7033-1281
Parcel 2:
E 1/2 of Lot 93 of the Bowman Place Addition.
Parcel ID: 018-7033-1282
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 _____ day of February 2021
GRANTOR:
South Bend Redevelopment Commission
By:
Marcia I. Jones, President
ATTEST:
_______________________________________
Quentin M. Phillips, Secretary
WITNESS:
(Printed Name)
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this _____ day of
February 2021, personally appeared Marcia I. Jones and Quentin M. Phillips, known to me to be,
respectively, as the President and Secretary of the South Bend Redevelopment Commission, the Grantor
named herein, and acknowledged the execution of the foregoing Quit Claim Deed, being authorized by
Resolution 3529 of the South Bend Redevelopment Commission so to do.
Additionally, ____________________________, 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.
, Notary Public
Resident of St. Joseph County, Indiana
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. Sandra L. Kennedy
Prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601