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Home My WebLink About5A4 Resolution No. 3581 (Accepting Transfer of Property from BPW Carrol St. Properties) Redevelopment Commission Agenda Item DATE: 11/15/23 FROM: Joseph Molnar SUBJECT: Accepting Property from BPW Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: Acceptance of property along Carrol/Monroe from BPW Specifics: In 2023 the Board of Public Works purchased 316 Monroe Street, 502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll from the adjacent property owner. After the recent neighborhood planning process, staff believes it is in the best intention for the surrounding area to try to redevelop the properties. This resolution accepts the properties from the BPW. Staff intends to then begin the disposition process on the lots. Staff requests approval. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________; Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________; Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________ ___________________________________________. Going to BPW for Contracting? Y/N Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION RESOLUTION NO. 3581 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND BOARD OF PUBLIC WORKS WHEREAS, the South Bend Redevelopment Commission (the “Commission”) is the governing body of the City of South Bend, Indiana (the “City”), Department of Redevelopment and exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and WHEREAS, the South Bend Board of Public Works (the “Board”) exists and operates pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City pursuant to Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another governmental entity pursuant to Indiana Code Section 36-1-11-8; and WHEREAS, the Board owns certain real property in the City located at 316 Monroe Street, 502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll, more particularly described on Exhibit A (collectively, the "Property"); and WHEREAS, pursuant to declaratory resolutions previously adopted and amended from time to time, the Commission has declared a certain area of the City known as the “River West Development Area” as a redevelopment area and an allocation area under the Act and approved an economic development plan for the Area; and WHEREAS, the Commission desires to obtain title to the Property which is located within the River West Development Area to encourage the redevelopment of the property and for any other purpose authorized by the Act; and WHEREAS, the Board approved the conveyance of the Property pursuant to its Resolution 43-2022 at its regular meeting held on November 14, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1.The Commission hereby accepts the conveyance of the Property from the Board pursuant to I.C. 36-1-11-8 in the form of a quit claim deed substantially similar to the document attached hereto as Exhibit B, conveying all of the Board’s right, title, and interest in the Property to the Commission. 2.The Commission authorizes Joseph Molnar of the City’s Department of Community Investment to act on behalf of the Commission in presenting the deed for recordation in the Office of the Recorder of St. Joseph County, Indiana and executing any other document necessary to affect the Commission’s acceptance of the Property. 3.This Resolution will be in full force and effect upon its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on November 20, 2023. SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Marcia I. Jones, President ATTEST: ______________________________ Vivian Sallie, Secretary EXHIBIT A Legal Description Description of Property Parcel Number: 71-08-12-329-004.000-026 Tax ID: 018-3027-0974 Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA. Commonly Known As: 316 E MONROE SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-001.000-026 Tax ID: 018-3027-0968 Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 502 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-002.000-026 Tax ID: 018-3027-0969 Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 510 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-003.000-026 Tax ID: 018-3027-0970 Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36 FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 512 CARROLL SOUTH BEND IN 46601 Parcel Numbers: 71-08-12-329-006.000-026 71-08-12-329-007.000-026 71-08-12-329-008.000-026 Tax IDs: 018-3027-0971 018-3027-0972 018-3027-0973 Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 514 CARROLL SOUTH BEND IN 46601 516 CARROLL SOUTH BEND IN 46601 524 CARROLL SOUTH BEND IN 46601 EXHIBIT B Form of Quit Claim Deed HOLD FOR: AUDITOR’S RECORD: City of South Bend TRANSFER NO. 227 W Jefferson Blvd., Ste 1400S TAXING UNIT: South Bend, IN 46601 DATE: Key Nos. 018-3027-0974 018-3027-0968 018-3027-0969 018-3027-0970 018-3027-0971 018-3027-0972 018-3027-0973 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through its Board of Public Works (the “Grantor”) CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the real estate located in St. Joseph County, Indiana and more particularly described on Exhibit A (the “Property”). Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of record. 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.] Dated this day of 2023. GRANTOR: Civil City of South Bend, Indiana, acting by and through its Board of Public Works By: Elizabeth Maradik, President ATTEST: _______________________________________ Theresa Heffner, Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this _____ day of , 2023, personally appeared Elizabeth Maradik and Theresa Heffner, known to me to be, respectively, as the President and Clerk of the City of South Bend, Indiana, Board of Public Works, the Grantor named herein, and acknowledged the execution of the foregoing Quit Claim Deed, being authorized by Resolution -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. , Notary Public Resident of St. Joseph County, Indiana Commission expires: 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, Indiana 46601 RESOLUTION NO. 43-2023 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) exists pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of South Bend, Indiana (the “City”) pursuant to Indiana Code Section 36-9-6-3, and is authorized to transfer such property to another governmental entity pursuant to Indiana Code Section 36-1-11-8; and WHEREAS, the South Bend Redevelopment Commission, the governing body of the City of South Bend, Indiana, Department of Redevelopment (the “Commission”), exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and WHEREAS, the Board owns certain real property in the City located at 316 Monroe Street, 502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll, more particularly described on Exhibit A (collectively, the "Property"); and WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind. Code 36-1-11-8 for the purpose of making the Property available for re-use and redevelopment in accordance with the Commission's purposes and powers under the Act; and WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the Board's conveyance of the Property to the Commission and appointing a representative to accept and record the deed received from the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS: 1.The Board hereby approves the conveyance of the Property to the Commission 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 substantially the form attached hereto as Exhibit B, conveying all of the Board's right, title, and interest in the Property to the Commission. 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 Commission, as well as to execute any other document necessary to affect the Board’s conveyance to the Commission. 4.This Resolution will be in full force and effect upon its adoption by the Board. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on November 14, 2023, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. November 14, 2023 EXHIBIT A Legal Description Description of Property Parcel Number: 71-08-12-329-004.000-026 Tax ID: 018-3027-0974 Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA. Commonly Known As: 316 E MONROE SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-001.000-026 Tax ID: 018-3027-0968 Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 502 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-002.000-026 Tax ID: 018-3027-0969 Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 510 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-003.000-026 Tax ID: 018-3027-0970 Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36 FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 512 CARROLL SOUTH BEND IN 46601 Parcel Numbers: 71-08-12-329-006.000-026 71-08-12-329-007.000-026 71-08-12-329-008.000-026 Tax IDs: 018-3027-0971 018-3027-0972 018-3027-0973 Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 514 CARROLL SOUTH BEND IN 46601 516 CARROLL SOUTH BEND IN 46601 524 CARROLL SOUTH BEND IN 46601 EXHIBIT B Form of Quit Claim Deed HOLD FOR: AUDITOR’S RECORD: City of South Bend TRANSFER NO. 227 W Jefferson Blvd., Ste 1400S TAXING UNIT: South Bend, IN 46601 DATE: Key Nos. 018-3027-0974 018-3027-0968 018-3027-0969 018-3027-0970 018-3027-0971 018-3027-0972 018-3027-0973 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, Indiana, acting by and through its Board of Public Works (the “Grantor”) CONVEYS AND QUIT CLAIMS TO the Department of Redevelopment of the City of South Bend, for the use and benefit of its Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the real estate located in St. Joseph County, Indiana and more particularly described on Exhibit A (the “Property”). Grantor hereby conveys the Property subject to all covenants, restrictions, easements, and other matters of record. 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.] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/3/2023 Name Joseph Molnar Department DCI BPW Date 11/14/23 Phone Extension 6052 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name 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 X Resolution Other: Transfer Agreement 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 Transfer of property to Redevelopment Commission Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Request to transfer seven (7) parcels along Lincoln Way East and Carol Street to the Redevelopment Commission for the purpose of redeveloping the property. 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: