HomeMy WebLinkAboutResolution No 31-2022 - Transfer of Real Property to S. Howell at 126 E. BroadwayINTER-OFFICE MEMORANDUM
Department of Law
City of South Bend 227 W Jefferson Blvd
TO: Members of the Board of Public Works; Theresa Heffner, Board Clerk; and Clara
McDaniels , Board Attorney
FROM: Sandra Kennedy, Corporation Counsel
SUBJECT: Resolution and Deed Transferring Property to Shawn Howell
DATE: May 24, 2022
Members of the Board, Ms. Heffner, and Ms. McDaniels:
In 2003, the City entered into an agreement for the sale of several parcels of land to American
Home Dreams, Inc. One parcel of property, on a portion of which a home was built, was not
transferred, and I was contacted by an attorney representing the current owner to rectify the
situation. With the help of Andrew Netter in DCI, we found the purchase agreement for the
property and determined that the parcel was inadvertently left off the deed of transfer.
We are now asking the Board to approve Resolution No. 31-2022, authorizing the transfer of
the Property and the execution of a Quitclaim Deed. The City will record the deed.
RESOLUTION NO. 31-2022
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC
WORKS TRANSFERING REAL PROPERTY TO SHAWN S. HOWELL
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) exists
pursuant to Indiana Code Section 36-4-9-5 and holds real property owned by the City of South
Bend, Indiana (the “City”) pursuant to Indiana Code Section 36-9-6-3; and
WHEREAS, on July 14, 2003, the City and American Home Dreams, Inc. entered into a
Purchase Agreement related to several parcels of land, including but not limited to Lots Numbered
Twenty-Six (26) and Twenty-Seven (27) as shown on the recorded Plat of Haney’s Addition to
the City of South Bend, St. Joseph County, Indiana, Key Nos. 18-7026-1044 and 18-7026-1043;
and
WHEREAS, in transferring the parcels to American Home Dreams, Inc., the City
inadvertently left Lot Numbered Twenty-Six (26) off of the property description on the deed of
transfer; and
WHEREAS, American Home Dreams, Inc. built a home that is situated on both Lots
Numbered Twenty-Six (26) and Twenty-Seven (27), which was subsequently transferred to Shawn
S.Howell; and
WHEREAS, the City would like to rectify its inadvertent error by transferring Lot Twenty-
Six (26) to Mr. Howell.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY O F SOUTH BEND, INDIANA,
BOARD OF PUBLIC WORKS AS FOLLOWS:
1.The Board hereby conveys Lot Numbered Twenty-Six (26) as shown on the
recorded Plat of Haney’s Addition to the City of South Bend, St. Joseph County, Indiana, Key No.
018-7026-1044, to Shawn S. Howell, by Quitclaim Deed attached hereto as Exhibit A.
2.The Board authorizes Elizabeth Maradik, President, and Theresa Heffner, Clerk, to
execute the Quitclaim Deed.
3.The Board further authorizes Andrew Netter or Joseph Molnar of the City’s
Department of Community Investment to present for recordation in the Office of the Recorder of
St. Joseph County, Indiana, the deed conveying the property to Mr. Howell, as well as to execute
any other document necessary to affect the Board’s conveyance thereof.
4.This Resolution will be in full force and effect upon its adoption by the Board.
Signature Page Follows
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held
on June 14, 2022 held at 1308 County City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601 and electronically.
June 14, 2022
EXHIBIT A
Quitclaim Deed
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date May 26, 2022
Name Sandra Kennedy Department Legal
BPW Date June 14, 2022 Phone Extension 9241
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name McDaniels
Dept. Attorney Attorney Name 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
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Correction of inadvertent exclusion of parcel from property transfer in 2003.
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: