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Home My WebLink About1994-03-15 Resolution 89RESOLUTION NO. 89 . A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Authority (Authority) is a body corporate and politic aperating under and pursuant to I.C. 36-7-14.5; and. WHEREAS, the real property. generally described as follows and situated in St. .Joseph County,.Indiana, is owned by the City. of South Bend, Indiana,. far the use and benefit of its Department of Redevelopment and was acquired by the City of South Bend, .Indiana, far the .use and benefit of its Department of Redevelopment for redevelopment purposes: Lots 44, 45, 46 and. vacated alley (Resolution #3375-23) of the Original. Plat of the. Town (-now City) of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the northwest corner of said Lot 46; thence North 89°39'34" East a distance of 164.86 feet along the north line of said Lat 46 .(south boundary of Washington Street) to the nartheast corner of said .Lot 46; thence South 0°27'00" East a .distance of 212.02 feet to-the northeast corner • of Lot 43 of said original plat; thence South 89°37'39°' West a distance of 164..86 feet along the north line of said Lot 43 to the northeast corner of said Lat 43; therYCe North 0°27'00" West a distance of 212.08 feet along the east boundary of Michigan Street to the point of beginning and containing 0.802 acres, more ar less. and alsa Lot 5 of the Plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southeast corner of .said Lot 5; thence South 89°37'39" West a distance of 127.52 feet to the southwest corner of said lot; thence North 0°27'00" West a distance of 212.06 feet to the northwest corner of said lot and the south boundary of Washington Street; thence North 89°39'34" East a distance of 127.67 feet along said south boundary to the northeast corner of said lot and the west boundary of St. Joseph Street; thence South 0°24'52" East a distance of 211.96 feet along said west boundary to the point of beginning and containing 0.621 acres, more or less, together with any. adjacent vacated alley(s) (all hereinafter referred to as the "Real Property"); and • WHEREAS, a lease (the Lease) between the Authority and the South Bend Redevelopment Commission, governing body of the City of. South Bend, Department of Redevelopment (the Commission), dated. as of November 1, 1993 for certain. land and improvements consisting of the Century Center to be acquired by the Authority and improvements to be constructed thereto, and a facility to house the College Football Hall of Fame (collectively, the Project) was approved by the Authority by its Resolution Na. $5, adapted November 4, 1993 and by the Commission by its Resolution No. 1198, adopted November 5, 1993; and WHEREAS, the Commission scheduled and on Navember 15, 1993, following-proper legal publication of the same, conducted a public hearing on the Lease pursuant to I.C. 36-7-i4-25.2 providing all interested persons the opportunity to be heard; and WHEREAS, the Commission, in its Resolution No. 1199 adapted November 15, 1993, determined the annual rental payments for the Hall of Fame Portion. and for the Century Center Portion of the Project to be leased, each to be fair and reasonable and. that the use of the Project throughout the term of the Lease would serve the public purpose of the City of South. Bend and would be in the best interests of its residents; and WHEREAS, the Common Council of the City of.South Bend, Indiana, on November 29, 1993, adopted its Ordinance No. 8437-93, finding that the .annual rental ,payments for the Project, as approved by the Commission, to be fair and reasonable and that the use of the Project throughout the termaf the Lease would sexve the public purpose of the City of South Bend and be in the best interests of its residents, and approved the Lease, while reserving the right to approve the issuance of bonds by the Authority to finance costsaf the Project following completion of the actions necessary to .secure approval of the Lease; and WHEREAS, all actions necessary to secure approval of the Lease have been completed.; and 'v~HEREAS, the Commission, on March 11, 1994, adopted its Resolution Na. 1235 approving the issuance of bonds by the Authority to finance the Project; and WHEREAS, the Common Council of the .City of South Bend, Indiana, on March 14, 1995, passed its. ordinance Na. -94, approving the issuance of bonds by the Authority to finance costs of the Project; and WHEREAS, the Authority, on March 15, 1994, adopted its Resolution No. reaffirming its intent to issue bonds to finance the costs of the Project and ratifying all earlier actions taken by the Authority tb indicate its intent to issue bonds and to reimburse from proceeds of such bonds preliminary expenditures incurred in connection with the Project; and • WHEREAS, the College r^ootball Hall of Fame Portion of the Project is to be constructed on the Real Property; and Tn1HEREAS, pursuant to I.C. 36-7-14-1.2.2{3) the Commission may sell, lease, or grant interests in all or part of real property acquired for redevelopment purposes to any other governmental agency far public purposes upon any terms that may be agreed upon; and WHEREAS, the Commission is desirous of transferring the Real Property to the Authority to allow for the construction thereon of the College Football Hall of Fame Portion of the Project and is desirous of doing so for nominal consideration, and to that end on March 11, 1994 adopted its Resolution No, 1236, approving the transfer of the Real Property to the Authority far the sum of One Dollar ($1.00); and WHEREAS, the Authority is desirous of acquiring the Real Property from the Commission pursuant to the. terms and conditions set forth by the. Commission in its Resolution 1236. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows, by the City of South Bend, Department of Redevelopment, acting by and through the South Bend-Redevelopment Commission to the South Bend Redevelopment Authority: Lots 44, 45, 46 and vacated alley (Resolution X3375-23) of the Original Plat of the Town (now City) of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the northwest corner of said Lot 46; thence North 89°39'34" East a distance of 164.86 feet along the north line of said Lot 46 (south boundary of Washington Street.) to the northeast corner of said Lot 46; thence South 0°27'00"East a distance of 212.02 feet to the northeast corner of Lot 43 of said original plat; thence South 89°.37'39" West a distance of 164.86 feet along the north line of said Lot 43 to the northeast corner of said Lot 43; thence North 0°27'00" West a distance of 212.-08 .feet along the east boundary of Michigan Street to the point of beginning and containing 0.802 acres, more or lend. and also Lot 5 of the Plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning . at the southeast corner of said Lot 5; .thence South 89°37'39" West a distance of 127.52 feet to the southwest corner of said lot; thence North • 2'00" West a distance of 21.2.06 feet to the northwest. corner of said lot and the south boundary of Washington Street; thence North 89°39'34." East a distance of 127.67 feet along :said south boundary to the .northeast corner of said lot and the west boundary of St. Joseph Street; thence South 0°24'52" East a distance of 211.96 feet along said west boundary to the point. of beginning and containing 0.621. acres, more or less, together with any adjacent vacated alley(s) (all hereinafter xeferred to as the "Real Property") for the sum of One Dollar ($1.00} shall be, and hereby is, accepted. 2. That this Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Authority.. ADOPTED at a meeting of the South Bend Redevelopment Authority held an March 15, 1994, at 455 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT AUTHORITY By : r ~~ • ATTEST: President ~^ c ~~ T /~~ Y d. f- ,,/,~~ Secretary •