HomeMy WebLinkAbout1991-06-14 Resolution 41RESOLUTION N0. 41
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
• APPROVING AND ACCEPTING THE TRANSFER OF REAL PROPERTY
FROM THE SOUTH BEND REDEVELOPMENT COMMISSION.
WHEREAS,. the South Bend Redevelopment Commission, governing body
of the City of South Bend Redevelopment Department, adopted
Resolution No. 919, on February 23, 1990, amended by Resolution No.
965, adopted on November 9, 1990, declaring certain area within the
City of South Bend, Indiana, to be an Economic Development Area,
pursuant to I.C. 36-7-14; and
WHEREAS, the South Bend Redevelopment Authority adopted
Resolution No. 38, on March 22, 1991, authorizing an offer to
purchase the following described property situated within said
Economic Development Area be sent to the owners of said property,
John and Betty Pendl:
The West Half (1/2) of the Southeast Quarter (1/4) of the
Southeast Quarter (1/4) of Section Number Nineteen (19), Township.
Number Thirty-eight (38) North, Range Number Two (2) East, EXCEPTING
THEREFROM a part of the West Half (W 1/2) of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) of Section 19, Township 38
North, Range 2 East, St. Joseph County, Indiana, more particularly
described as follows:
Commencing at the southeast corner of said Section 19; thence
North 89°47'17" West (this and all subsequent bearings having been
derived from the 1983 North American Datum (NAD) - Indiana East Zone)
a distance of 1216.52 feet along the south line of the Southeast
Quarter (SE l/4) of said Section 19 also being the approximate
centerline of a public road now known as "Old Cleveland Road" to the
Point of Beginning of this description; thence continuing along said
south line and approximate centerline North 89°47'17" West a distance
of 99.26 feet to the southwest corner of the Southeast. Quarter (SE
1/4) of the Southeast Quarter (SE 1/4} of said Section 19; thence
North 00°20'49" West a distance of 1316.55 feet along the west line
of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4)
of said Section 19, to the northwest corner of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) of said Section 19; thence
South 89°48'53" East a distance of 99.26 feet along the north line of
the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
said Section 19; thence South 00°20'49" East a distance of 1316.60
feet to the Point of Beginning of this description and containing
.3.000 acres, mare or less.
FURTHER EXCEPTING: Apart of the West Half (1/2) of the
Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section
Nineteen (19), Township Thirty-eight (38) North, Range Two (2) East,
St. Joseph County, Indiana, described as follows: Commencing at the
Southeast corner of said section; thence South 89 degrees 43 minutes
00 seconds West 1215.50 feet along the South line of said Section to
the Southeast corner of the West 3 acres of said Half-Quarter-Quarter
Section; thence North 0 degrees 44 minutes 39 seconds West 1190.54
feet along the East line of the West 3 acres of said
Half-Quarter-Quarter Section to the point of beginning of this
description; thence North 0 degrees 44 minutes 39 second West 137.98
feet along said East line to the Northeast corner of the West 3 acres
of said Half-Quarter-Quarter Section; thence North 89 degrees 44
minutes 40 seconds East 139.01 feet along the North line of said
Half-Quarter-Quarter Section; thence South 44 degrees 43 minutes 00
seconds West 195.03 feet to the point of beginning.
FURTHER EXCEPTING THEREFROM: Apart of the West Half (1/2) of
the Southeast Quarter (1/4) of Southeast Quarter (1/4) of Section
Nineteen (19), Township Thirty-eight (38) North, Range Two (2) East,
St. Joseph County, Indiana, described as follows: Commencing at the
Southeast corner of said Section; thence South 89 degrees 43 minutes
00 seconds West 657.66 feet along the South line of said Section;
thence North 0 degrees 17 minutes 00 seconds West 20.00 feet to the
point of beginning of this description, which point is the
intersection to the East line of said Half-Quarter-Quarter Section
with the North boundary of Cleveland Road; thence South 89 degrees 43
minutes 00 seconds West 558.02 feet along said boundary; thence
Northerly. 140.00 feet; thence North 89 degrees 43 minutes 00 seconds
East 86.44 feet; thence North 0 degrees 17 minutes 00 seconds West
• 20.00 feet; thence North 89 degrees 43 minutes 00 seconds East 70.00
feet; thence South 0 degrees 17 minutes 00 seconds East 20.00 feet;
thence North 89 degrees 43 minutes 00 seconds East 401.72 feet to the
East line of said Half-Quarter-Quarter Section; thence Southerly
140.00 feet along said line to the point of beginning.
Subject to legal highways; and
WHEREAS, the South Bend Redevelopment Authority, at a public
meeting held on May 1, 1991, accepted the counteroffer of John and
Betty Pendl for the purchase of said real property; and
WHEREAS, the closing on the purchase of said real property
occurred on May 31, 1991, at which time the deed to said real
property was delivered in exchange for the agreed upon consideration;
but
WHEREAS,. through inadvertence. and oversight the City of South
Bend, Indiana, for the use and benefit of its Department of
Redevelopment, rather than the South Bend Redevelopment Authority was
named as grantee of said real property on the warranty deed dated May
31, 1991,. and recorded in the Office of the St. Joseph County
Recorder as Instrument No. 9114237; and
WHEREAS, the South Bend Redevelopment Commission is desirous of
correcting said inaccuracy and of granting all title and interest in
• said real property to the South Bend Redevelopment Authority; and
WHEREAS, pursuant to I.C. 36-7-14-22(a) and I.C. 36-1-11-8, the
City of South Bend, Indiana, for the use and benefit of its
Department of Redevelopment, acting by and through its Redevelopment
Commission, may transfer real property to another public agency upon
such terms and conditions as are mutually agreed upon, by the
adoption of substantially identical resolutions by each body; and
March 8
WHEREAS, the South Bend Redevelopment Authority, on ,-
1991, adopted Resolution No. 33 establishing and adopting a
procedure for the purchase of real property, by which Resolution the
South Bend Redevelopment Authority agreed to operate in accordance
with the procedures set forth in I.C. 36-1-11-8 when purchasing
property from another governmental entity; and
WHEREAS, on June 14, 1991, the South Bend Redevelopment
Commission adopted Resolution 997, wherein it agreed to transfer said
real property to the South Bend Redevelopment Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION AS FOLLOWS:
1. That the transfer of the following described property
situated in St. Joseph County, Indiana, from the South Bend
Redevelopment Commission for the sum of Ten Dollars ($10.00):
The West Half (1/2) of the Southeast Quarter (1/4) of the
Southeast Quarter (1/4) of Section Number Nineteen (19), Township
Number Thirty-eight (38) North, Range Number Two (2) East, EXCEPTING
THEREFROM a part of the West Half (W 1/2} of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) of Section 19, Township 38
North, Range 2 East, St. Joseph. County, Indiana, more particularly
described as follows:
Commencing at the southeast corner of said Section 19; thence
North 89°47'17".West (this and all subsequent bearings having been
derived from the 1983 North American Datum (NAD) - Indiana East Zone)
a distance of 1216.52 feet along the south line of the Southeast
Quarter (SE 1/4) of said Section 19 also being the approximate
centerline of a public road now known as "Old Cleveland Road" to the
Point of Beginning of this description; thence continuing along said
south line and approximate centerline North 89°47'17" West a distance
of 99.26 feet to the southwest corner of the Southeast. Quarter (SE
1/4) of the Southeast Quarter (SE 1/4) of said Section 19; thence
North 00°20'49" West a distance of 1316.55 feet along the west line
• of the Southeast Quarter (SE 1J4) of the Southeast Quarter (SE 1/4)
of said Section 19, to the northwest corner of the Southeast Quarter
(SE 1/4) of the Southeast Quarter (SE 1/4) of said Section l9; thence
South 89°48'53" East a distance of 99.26 feet along the north line of
the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
said Section 19; thence South 00°20'49" East a distance of 1316.60
feet to the Point of Beginning of this description and containing
3.000 acres, mare or less.
FURTHER EXCEPTING: Apart of the West Half (1/2) of the
Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section
Nineteen (19), Township Thirty-eight (38) North, Range Two (2) East,
St. Joseph County, Indiana, described as follows: Commencing at the
Southeast corner of said section; thence South 89 degrees 43 minutes.
00 seconds West 1215.50 feet along the South line of said Section to
the Southeast corner of the West 3 acres of said Half-Quarter-Quarter
Section; thence North 0 degrees 44 minutes 39 seconds West 1190.54
feet along the East line of the West 3 acres of said
Half-Quarter-Quarter Section to the point of beginning of this
description; thence North 0 degrees 44 minutes 39 second West 137.98
feet along said East line to the Northeast corner of the West 3 acres
of said Half-Quarter-Quarter Section; thence North 89 degrees 44
minutes 40 seconds East 139.01 feet along the North line of said
Half-Quarter-Quarter Section; thence South 44 degrees 43 minutes 00
seconds West 195.03 feet to the point of beginning.
FURTHER EXCEPTING THEREFROM: Apart of the West Half (1/2) of
the Southeast Quarter (1/4) of Southeast Quarter (1/4) of Section
• Nineteen (19), Township Thirty-eight (38) North, Range Two (2) East,
St. Joseph County, Indiana, described as follows: Commencing at the
Southeast corner of said Section; thence South 89 degrees 43 minutes
00 seconds West 657.66 feet along the South line of said Section;
thence North 0 degrees 17 minutes 00 seconds West 20.00 feet to the
point of beginning of this description, which point is the
intersection to the East line of said Half-Quarter-Quarter Section
with the North boundary of Cleveland Road; thence South 89 degrees 43
minutes 00 seconds West 558.02 feet along said boundary; thence
Northerly 140.00 feet; thence North 89 degrees 43 minutes 00 seconds
East 86.44 feet; thence North 0 degrees 17 minutes 00 seconds West
20.00 feet; thence North 89 degrees 43 minutes 00 seconds-East 70.00
feet; thence South 0 degrees 17 minutes 00 seconds East 20.00 feet;
thence North 89 degrees 43 minutes 00 seconds East 401.72 feet to the
East line of said Half-Quarter-Quarter Section; thence Southerly
140.00 feet along said line to the point of beginning.
Subject to legal highways.
shall be, and hereby is approved and accepted..
2. That the transfer of said real property shall be by warranty
deed, executed by the President and attested to by the Secretary of
the South Bend Redevelopment Commission.
• .Adopted at a regular meeting of the South Bend Redevelopment
Commission held on June 14, 1991, at 1200 County-City Building, South
Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT AUTHORITY
By
Jos h W oblewski, President
ATT T:
Andre Gammage, Secretary
ORD-RES3/RES-PEN2