The URL can be used to link to this page

Home My WebLink AboutResolution No. 25-2024 - Related to Property Conveyance to McCormick CompanyRESOLUTION NO.25-2024 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & COMPANY, INC. WHEREAS, the City of South Bend Board of Public Works ("Board") is the contracting body for the City of South Bend, Indiana ("City"); and WHEREAS, the Board has custody of real property owned by the City pursuant to Ind. Code Section 36-9-6-3; and WHEREAS, the City is the owner of a certain parcel of real estate, more accurately described as 8.44 Ac Tract Mid Pt S Side Se 1/4 Beg 990' W & 40' N Of Se Cor Se Sec 28-38-2e with a street address of 3425 Lathrop Street, South Bend, Indiana 46628 (the "Property"); and WHEREAS, the City and McCormick & Company, Inc. ("McCormick") entered into a certain lease agreement dated June 1, 1976 ("Lease"), attached and incorporated herein as Exhibit 1 which afforded and incentivized McCormick's use of the Property; and WHEREAS, pursuant to the Lease, McCormick had certain financial obligations to the City; and WHEREAS, the City committed to transfer ownership of the Property for One Dollar ($1.00) upon McCormick's successful completion of its financial obligations to the City, which included the repayment of all amounts due under the original financial terms of the Lease; and WHEREAS, McCormick has openly and notoriously been in possession of the Property since executing the Lease; and WHEREAS, McCormick completed all its financial obligations under the Lease in 2001; and WHEREAS, McCormick has, at all times, been current with all property tax obligations pursuant to the Property and improvements thereon; and WHEREAS, the City and McCormick represent that it was an oversight which led to the failure to properly document the conveyance of the Property to McCormick in 2001 upon McCormick's successful completion of its financial obligations under the Lease; and WHEREAS, the City wishes to convey title to the Property via Quit Claim Deed, attached and incorporated herein as Exhibit 2; and WHEREAS, McCormick agrees to execute an Indemnification Agreement for the benefit of the City as part of the conveyance of the Property, attached an incorporated herein as Exhibit 3. WHEREAS, the Board attempted to take action to convey title of the Property to McCormick on May 14, 2024 by way of Resolution No. 16-2024, however the original copy of the Quit Claim Deed was never delivered to McCormick, nor was it recorded; and WHEREAS, the Board wishes to reaffirm Resolution No. 16-2024 and execute a Quit Claim Deed for the benefit of McCormick, attached and incorporated herein as Exhibit 2, for the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board hereby ratifies and approves the transfer of the property located at 3425 Lathrop Street, South Bend, Indiana 46628 to McCormick & Company, Inc. for the consideration of One Dollar ($1.00) in recognition of McCormick's fulfillment of its obligations under a certain lease agreement with the City dated June 1, 1976. 2. The President and Clerk of the Board of Public, or their designees, are authorized and instructed to execute and attest, respectively, to the conveyance of the property via a Quit Claim Deed for the benefit of McCormick & Company, Inc. 3. 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 12, 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member � V' L Joseph R. Molnar, Vice President Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: November 12.2024 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the Civil City of South Bend, acting by and through its governing body, the Board of Public Works (the "Grantor") CONVEYS AND QUIT CLAIMS TO McCormick & Company, Incorporated, a Maryland corporation (the "Grantee"), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the real estate located in St. Joseph County, Indiana, and more particularly described below (the "Property"): A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 90' 00' 00" WEST 990.00 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE NORTH 0° 10' 55" EAST 40.00 FEET TO A POINT ON THE NORTH BOUNDARY OF LATHROP STREET, SAID POINT BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 90' 00' 00" WEST 433.81 FEET ALONG SAID BOUNDARY; THENCE NORTH 0° 05' 56" EAST 360.20 FEET; THENCE NORTH 0° 16' 23" WEST 663.77 FEET; THENCE SOUTH 450 02' 33" EAST 189.08 FEET; THENCE SOUTHEASTERLY 342.38 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 480,00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 650 28' 36" EAST A LENGTH OF 335.17 FEET; THENCE SOUTH 0° 10' 55" WEST 751.26 FEET TOTHE POINT OF BEGINNING. Tax Parcel No. 71-03-28-476-001.000-009 County Parcel Id: 025-1010-040301 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 12th day of November 2024. GRANTOR: Civil City of South Bend, acting through its Board of Public Works l By: i ATTEST: ' By: STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this %Zkh day of November 2024, personally appeared to di and 4 known to me to be, respectively, President and Clerk of the City of South Bend, Indiana Board of Public Works, the Grantor, and acknowledged the execution of the foregoing Quit Claim Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. E SHLEY SNIADECKI NotaryPublic otary Public - Sealh County - State of Indiana Resident of St. Joseph County, Indiana sion Number #1Pfl738t04Commission ex fires: nPc 1.� 16La ission Expires Dec 26, 2029 p 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. Michael J. Schmidt Prepared by Micheal J. Schmidt, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 11 /4/24 Name: Michael J. Schmidt Department of Public Works — Legal BPW Date: 11/12/24 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael J. Schmidt Dept. Attorney ❑ Attorney Name 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: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Information McCormick Company, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No PR/PO # Resolution to re -convey a quit claim deed to McCormick Company, Inc. 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: