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Home My WebLink AboutResolution No 28-2021 - Transfer of Real Property 1210, 1214, 1220 South Bend Ave. to SBRCRESOLUTION NO. 28-2021 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 three (3) parcels of real property in the River East Development Area of the City along South Bend Avenue (State Road 23), which are more particularly described on Exhibit A (together, the "Property"); and WHEREAS, the Board desires to convey the Property to the Commission pursuant to Indiana 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 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 August 10, 2021, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. EXHIBIT A Legal Description Parcel Number: 71-09-06-154-004.000-026 Tax ID: 018-5095-3334 Legal Description: Lot 4 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1210 South Bend Avenue, South Bend, IN 46617 Parcel Number: 71-09-06-154-003.000-026 Tax ID: 018-5095-3335 Legal Description: Lot 5 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1214 South Bend Avenue, South Bend, IN 46617 Parcel Number: 71-09-06-154-001.000-026 Tax ID: 018-5095-3337 Legal Description: Lot 7 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1220 South Bend Avenue, South Bend, IN 46617 EXHIBIT B Form of Quit Claim Deed HOLD FOR: AUDITOR’S RECORD City of South Bend TRANSFER NO. 227 W Jefferson Blvd., Ste 1400S TAXING UNIT: South Bend, IN 46601 DATE: PARCEL NOS. 018-5095-3334 018-5095-3335 018-5095-3337 QUIT 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 One Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the real estate located in St. Joseph County, Indiana, as more particularly described on Exhibit A. 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 2021. GRANTOR: City of South Bend, Indiana, Board of Public Works By: Elizabeth Maradik, President ATTEST: _______________________________________ Anne Fuchs, Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this _____ day of , 2021, personally appeared Elizabeth Maradik and Anne Fuchs, 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 -2021 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. , 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 EXHIBIT A Legal Description Parcel Number: 71-09-06-154-004.000-026 Tax ID: 018-5095-3334 Legal Description: Lot 4 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1210 South Bend Avenue, South Bend, IN 46617 Parcel Number: 71-09-06-154-003.000-026 Tax ID: 018-5095-3335 Legal Description: Lot 5 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1214 South Bend Avenue, South Bend, IN 46617 Parcel Number: 71-09-06-154-001.000-026 Tax ID: 018-5095-3337 Legal Description: Lot 7 Talbots Plat EX parts sold to state 19/20 ROW #1159 6/13/18 Commonly Known As: 1220 South Bend Avenue, South Bend, IN 46617 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/3/2021 Name Andrew Netter Department DCI BPW Date 08/10/2021 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Sandra Kennedy Purchasing Check the Appropriate Item Type – Required for 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 Other: Ease./Encroach Required Information Company or Vendor Name South Bend Redevelopment Commission New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Transfer of Real Property to the Redevelopment Commission Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Transfer of 1210, 1214, & 1220 South Bend Ave. (SR23) to the South Bend Redevelopment Commission for disposition by the Commission. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: