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HomeMy WebLinkAbout1994-06-07 Resolution 93RESOLUTION N0. 93 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE. CITY OF SOUTH BEND, INDIANA WHEREAS, the real property generally described as follows. and situated in St. Joseph County, Indiana, is owned by the City of South Bend, Indiana (City), and underlies certain public improvements and facilities owned by the South Bend Civic Center Building Authority and commonly known as the Century Center: See Exhibit "A," hereto (Real Property); and WHEREAS, the South Bend Civic Center Building Authority (CCBA) owns those facilities and improvements comprising the Century Center (Century Center Facilities); and WHEREAS, the City has an option to purchase the Century Center Facilities from the CCBA for the price and in the manner more fully set forth in the Lease between the City and the CCBA dated as of August 25, 1975, recorded as document number 200654 in Miscellaneous Record 295 at pages 102 to 123 in the Office of the St. Joseph County Recorder, and amended by an Amendment to Lease dated as of June 1, 1977 recorded as document number 238491 in Miscellaneous Record 307 at pages 10 - 15 in • the Office of the St. Joseph County Recorder, and further amended by Addendum to Lease dated as of April 1,-1994 and recorded as document No. 9416263 in the Office of the St. Joseph County Recorder (Option);. and WHEREAS, the South Bend Redevelopment Authority (Authority) is a body corporate and politic operating under and pursuant to I.C. 36-7-14.5; and WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (Board) has custody of and may maintain all real property of the City; and WHEREAS, the Authority desires to purchase the Real Property and Century Center Facilities and to make additional improvements to the same;. and WHEREAS, the Authority, on May 17, 1994, adopted its Resolution 91 resolving to issue bonds to finance the costs of acquiring the Century. Center. facility and constructing certain additional improvements to be made to the. Real Property; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by .and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical • resolutions of each entity; and • WHEREAS, on March 8, 1991, the Authority adopted its Resolution No. 33, electing to abide by the provisions of I.C. 36-1-11-8 with regard to the transfer by it or to it of real property to or from another governmental entity. WHEREAS, on May 23, 1994, .the Board adopted its Resolution No. resolving to transfer the Real Property and Century Center Facilities to the Authority upon payment by the Authority of the purchase price in the manner and in the amount described in the Option, and subject to the adoption of a resolution by the Authority substantially identical in its terms and conditions to the terms and conditions of said Resolution No. /'J"/99~/. NOW, THEREFORE,.BE IT RESOLVED BY THE SOUTH .BEND REDEVELOPMENT AUTHORITY AS FOLLOWS: 1. That the transfer of all right, title and interest in and to the Real Property situated in St. Joseph County, Indiana, and generally described as follows: See Exhibit "A," hereto together with all right, title and interest in and to the Century Center Facilities, by the City of South Bend, Indiana to the South Bend Redevelopment Authority upon payment by the Authority of the purchase price in the manner and in the amount described in the Option, • shall be and hereby is accepted. 2. That the Authority agrees to pay the purchase price in the manner and in the amount described in the Option in exchange for all right title and interest in and to the Real Property and Century Center Facilities. 3. That the President and Secretary of the Authority shall be, and hereby are, authorized and .directed, respectively, to execute and attest to the execution of a any and all documents necessary to effectuate the intent of the Authority as expressed herein. 4. 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 on ~Jv~Q ~ 1994, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT AUTHORITY ~By: J sep Wroblewski, President M ry 0. erlic, Secretary EXHIBIT "A" A part of Block 6 of River Bend Addition, City of South Bend, St. Joseph County, Indiana, described as follows: A tract of land in the Northwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on .the East line of St. Joseph Street 96.25 feet South of the centerline of Jefferson Boulevard; thence North 00°24'52" West on and along the East line of St. Joseph Street. 757.60 feet to the PC of a 615.46 foot radius curve to the left; thence continuing on and along the East line on said 615.46 foot radius curve, a chord distance of 213.76 feet bearing North 10°24'52" West an arc distance of 214.84 feet to the PT of said curve; thence continuing on and along said East line of said St. Joseph Street on a bearing of North 20°24'52" West a distance of 32.55 feet; thence North 31°13'38" East, a distance of 49.29 feet to the South line of Colfax Avenue; thence North 89°39'38" East on and along the South line of Colfax Avenue a distance of 96:09 feet to a point on the West water's edge of the St. Joseph River; thence Southerly and Easterly along said West water's edge of-the St. Joseph River; a distance of 85.19 feet; thence South 45°30'56" West, a distance of 33.16 feet; thence South 37°25'58" East, a distance of 3.87 feet; thence South 51°28'27" West, a distance of 22.70 feet; thence South 42°29'3" East, a distance of 17.39 feet; thence South 34°46'56" West, a distance of 2.91 feet; thence South 13°59'36" East, a distance of 6.45 feet; thence South 14°29'46" East, a distance of 83.42 feet; thence South 46°48'33" West a distance of 93.84 feet; thence South 42°04'22" East, a distance of .62.17 feet; thence South 48°02'48" West, a distance of 15.03 feet; thence Southerly and Easterly along a retaining wall a distance of 450.61 feet; thence South 71°30'02" East, a distance of 124.87 feet; thence South 60°55'27" East, a distance of 146.45 feet; thence South 42°27'53" East, a distance of 129.18 feet; thence South 74°24'32" East, a distance of 111.26 feet to a point on the North line of Jefferson Boulevard, the last four courses being along the West Water's edge of the St.~Joseph River; thence South 89°40'07" West a distance of 106.00 feet; thence North 00°19'53" West a distance of 1.25 feet to the PC of a 360.81 foot radius curve to the left; thence on and along said 360.81 foot radius curve to the left a chord distance of 316.42 feet bearing South 63°39'42 "West, an arc distance of 327.55 feet; thence South 89°38'42" West, a distance of .405.06 feet to the East line of St. Joseph Street, said point being the place of beginning. Subject to all easements, restrictions and covenants of record.