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HomeMy WebLinkAboutResolution No. 3589 Accepting Transfer of Real Property (SBCSC)RESOLUTION NO. 3589 OF SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION BOARD OF SCHOOL TRUSTEES WHEREAS, South Bend Community School Corporation ("School") owns certain real property specifically Lot 2 of the South Bend Community School Corporation Bendix Drive Minor Subdivision ("Parcel") having an address of 3003 N BENDIX DR, South Bend, IN, and School wishes to transfer 5.16 acres of that Parcel as further described in the attached purchase agreement; WHEREAS, School has decided to transfer its property rights in 5.16 acres of the Parcel to City of South Bend, Indiana, Department of Redevelopment, by and through its governing body, the South Bend Redevelopment Commission ("Commission") after determining a transfer to a governmental entity rather than a sale or lease to a nongovernmental entity would be in the best interests of School and the public; WHEREAS, the transfer of 5.16 acres of the Parcel will promote economic development projects and facilitate compatible land use planning; WHEREAS, a transfer or exchange of 5.16 acres of the Parcel is allowed under Ind. Code § 36-1-11, the transfer may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity, and such transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities; WHEREAS, Commission has represented 5.16 acres of the Parcel will be used for general public benefit and welfare and will promote the recreational, public, and civic well-being of the community; WHEREAS, School wishes to transfer 5.16 acres of the Parcel via a deed to Commission in exchange for School receiving Two Hundred Seventy -Seven Thousand Seven Hundred Fifty Dollars ($277,750.00) and under the terms and conditions as set forth in the Real Estate Purchase Agreement and deed, attached hereto as Exhibit A; and WHEREAS, School has adopted or will adopt a resolution substantially equivalent to this resolution setting for the terms and conditions of this transfer of Property between School and the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION, AS FOLLOWS: The transfer of title to the 5.16 acres of certain real property commonly known as 3003 N BENDIX DR, South Bend, IN, specifically Lot 2 of the South Bend Community School Corporation Bendix Drive Minor Subdivision, shall be, and hereby is, accepted. 2. The form, terms, and provisions of the Real Estate Purchase Agreement and deed attached hereto as Exhibit A. are hereby approved in substantially the drafts presented at this meeting, with such beneficial insertions, omissions and changes as shall be negotiated and approved by financial and legal representatives of Commission, and then the execution of such finalized documents being conclusive evidence of such commitment by and an obligation of Commission. 3. The Commission 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 execute any other document necessary to affect the School's conveyance to the Commission. 4. This Resolution shall be in full force and effect after its adoption. ADOPTED at a meeting of the South Bend Redevelopment Commission held on February 8, 2024 SOUTH BEND REDEVELOPMENT COMMISSION 64U Marcia I. Jones, PresWnt ATTEST: Vivian Sallie, Secretary Exhibit A Real Estate Purchase Agreement and Deed