HomeMy WebLinkAbout2003-01-15 Resolution 150•
RESOLUTION NO.
150
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
RESCINDING TRANSFER OF REAL PROPERTY TO THE
SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, on December 18, 2002 the South Bend Redevelopment Authority ("Authority")
pursuant to Resolution No. 149 approved transfer of the Palais Royale Building to the South Bend
Redevelopment Commission ("Commission") and on the same date the Authority executed an
unrecorded Warranty Deed of said Real Property to the Commission and also executed an
unrecorded Retention of Easement; and
WHEREAS, the Commission's intended use of the subject Palais Royale Building did not
come to fruition in that no bids were received for the Palais Royale Building at the Commission's
meeting on December 30, 2002 which was scheduled for that purpose; and
WHEREAS, it is in the City of South Bend's best interest that title in fee simple to the Palais
Royale Building located at 105 West Colfax Avenue remain vested in the Authority and not in the
Commission; and
WHEREAS, because the Warranty Deed and Preservation of Easement executed by the
Authority on December 18, 2002 were not recorded, the Authority can now invalidate said
• documents.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
AUTHORITY AS FOLLOWS:
1. The original unrecorded Warranty Deed of the Palais Royale Building from the Authority
to the Commission dated December 18, 2002 attached hereto is hereby declared and
determined to be null, void and of no further force and effect, as is the Preservation and
Retention of Permanent Easement for Use and Occupancy.
2. Full title in fee simple of the Palais Royale Building located at 105 West Colfax Avenue,
shall remain vested in the Authority which also holds title to the contiguous Moms
Performing Arts Center, the legal description for which Palais Royale Building is as follows:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT #1 IN THE
RECORDED PLAT OF "MORRIS CIVIC MINOR SUBDIVISION" AS
RECORDED IN DOCUMENT NO. 9836277 IN THE RECORDS OF THE
ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE
ALONG THE SOUTH LINE OF SAID LOT #1 N. 89°-47'-12" W., 165.98
FEET TO THE WEST LINE AND THE SOUTHWEST CORNER OF SAID
LOT #1; THENCE ALONG THE WEST LINE OF SAID LOT #1 AND ITS
LINE EXTENDED N. 00°-03'-42" E., 90.00 FEET; THENCE S. 00°-10'-21"
W., 90.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.34 ACRES, MORE OR LESS.
3. Any and all other action taken by the Authority pursuant to previous Resolution No.
149 is revoked and rescinded and all relevant parties are returned to the status quo
insofar as the Palais Royale real property is concerned.
4. This Resolution shall be in full force and effect retroactive to December 18, 2002.
Signed and Dated: ~ ~ ~`~~ ~'
Carolyn V. Pfo nhaue~~, sident ~~``4~---
South Bend Redevelopmen Authority
~~~
•