HomeMy WebLinkAboutResolution No 21-2023 - Transfer of Real Property MLK CC Lots BPW to PB Round 2RESOLUTION NO.21-2023
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND
BOARD OF PARK COMMISSIONERS
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind.
Code Section 36-9-6-3; and is authorized to transfer such property to another governmental entity
pursuant to Ind. Code Section 36-1-11-8; and
WHEREAS, the South Bend Board of Park Commissioners (the "Park Board") exists and
operates pursuant to Ind. Code 36-10-3 and 36-10-4; and
WHEREAS, the Board holds certain real property located in the City and comprising a
portion of the land and improvements known as Dr. Martin Luther King, Jr. Community Center,
as more particularly described on Exhibit A (the "Property"); and
WHEREAS, the Park Board desires to obtain the Property for park purposes; and
WHEREAS, the Park Board will adopt a Resolution accepting the BPW's transfer of the
Property in accordance with Ind. Code 36-1-11-8; 36-10-4-9(c)(1); and Ind. Code 36-10-4-20(a);
and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
1. The Board approves the conveyance of the Property to the Park Board 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, a quit claim deed in the form attached hereto as Exhibit B conveying all of
the Board's right, title, and interest in the Property to the Park Board.
3. The Board authorizes 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 the Park Board, as well as to execute any other document
necessary to affect the Board's conveyance to the Park Board.
4. This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana,
held on May 9, 2023 at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Cm
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
E.-A-MY01
Joseph R. Molnar, Vice President
Jordan V. Gathers, Member
Attest: Theresa M. Heffner, Clerk
Date: May 9, 2023
2
EXHIBIT A
Legal Description
PARCEL I: SW 1/4 LOT 14 & PT E 1/2 VAC ALLEY COLLEGE GROVE
PARCEL NO.018-2008-007403
PARCEL II: 58.8' E End Ne 1/4 Lot 2 & Pt E 1/2 Vac Adams St College Grove Addition
PARCEL NO.018-2008-007002
EXHIBIT B
Form of Quit Claim Deed
018-2008-007403 — 210 College
018-2008-007002 — 231 Adams
RETURN TO:
City of South Bend
227 W Jefferson Blvd., Ste 1308
South Bend, IN 46601
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
KEY NO
QUIT CLAIM DEED
018-2008-007403
018-2008-007002
THIS INDENTURE WITNESSETH THAT Civil City of South Bend, Indiana, acting by and
through its Board of Public Works ("Grantor")
CONVEYS and QUIT CLAIM TO
the South Bend Board of Park Commissioners ("Grantee"), for consideration other than monetary the
receipt whereof is hereby acknowledged, the following described REAL ESTATE in Saint Joseph County,
in the State of Indiana, to wit:
SEE ATTACHED EXHIBIT "A"
Subject to covenants, restrictions, easements of record and other matters of record.
IN WINTESS WHEREOF, the Grantor has executed this deed this 9th. day of May
2023.
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]
GRANTOR:
Civil City of South Bend, Indiana,
acting by and through its
Board of Public Works
By:
Elizabe-fh Maradik, President
ATTE 1
l
'I'her a Heffner, e k
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this 94 • day of
2023, personally appeared Elizabeth Maradik and Theresa Heffner, known to me to be
respectively the Board and Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor
named herein and acknowledged execution of the foregoing Quit Claim Deed, being authorized by
Resolution No. d 1 -2023 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.
LAURA D. HENSLEY , No ry Public
Notary Public - Seal Resident of t'f. Mo ,e Court , Indiana
St Joseph County - State of Indiana
Commission Number NP0732150 Commission expires:c�fitil,p�
My Commission Expires Mar 3, 2029
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. Danielle Campbell Weiss
Prepared by Danielle Campbell Weiss, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South
Bend, IN 46601
Fxhihit A_
Legal Description of ProppM
PARCEL I: SW 1/4 LOT 14 & PT E 1/2 VAC ALLEY COLLEGE GROVE
PARCEL NO.018-2008-007403
PARCEL II: 58.8' E End Ne 1/4 Lot 2 & Pt E 1/2 Vac Adams St College Grove Addition
PARCEL NO.018-2008-007002
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 4/26/23
Name Joseph Molnar Department DCI
BPW Date 05/09/2023 Phone Extension 6022
Review and Approval Required Prior to Submittal to Board
Diversity Compliance ❑
Officer Name
and Inclusion Officer
BPW Attorney ❑ Attorney Name Michael Schmidt
Dept. Attorney ❑ Attorney Name Danielle Campbell Weiss
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
n Other: Purchase Agreement n Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Information
U Yes U If Yes, Approved by Purchasing
❑ No
❑❑ ❑
MBE Completed E-Verify Form Attached ❑ Yes
No
MLK Community Center Land Transfer to Park Board
Purpose/Description The Board of Public Works currently owns two properties that are part of the
overall MLK Community Center campus. As a large overhaul of the Center is
planned, it is Staff s request to transfer those two properties to the Park Board
This is in addition to the six transferred last fall.
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount $
Increase
Current Percent of Change: Decrease
New Amount $
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Completion Date: