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HomeMy WebLinkAbout2008-08-20 Resolution 171Resolution No. 171 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Authority ("Authority") is the owner of a parcel of real property situated in St. Joseph County, Indiana, described at Exhibit "A "attached hereto and incorporated herein ("Real Property"); and .WHEREAS, the South Bend Redevelopment Commission ("Commission") is the Lessee of the Real Property pursuant to that certain Lease Between South Bend RedevelopmentAuthority and South Bend Redevelopment Commission, dated November 1, 1993 and recorded in the Office of the Recorder of St. Joseph County, Indiana on December 14,1993 as Instrument No. 9351906 ("Lease"); and WHEREAS, pursuant to Ind. Code § 36-7-14.5-12, the Authority may dispose of real property; and WHEREAS, pursuant to Ind. Code § 36-1-11-8, the Authority 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, the Authority is desirous of transferring the Real Property to the City of South Bend; for the use and benefit of its Department of Redevelopment so that the property maybe sold for purposes of development. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT AUTHORITY AS FOLLOWS THAT: The transfer of the Real Property situated in St. Joseph County, Indiana, and generally described at Exhibit `A "to the City ofSouth-Bend, for the use and benefit of its Department of Redevelopment shall be, and hereby is; approved. 2. The President and Secretary of the Authority shall be, and hereby~are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment upon the occurrence of the conditions set forth immediately above: 3. The Commission's leasehold interest in the Real Property under the Lease, is merged by operation of law upon transfer of the Authority's fee interest in the Real Property. 4. This Resolution shall be in full force and effect upon its adoption. C:\Documents and Settings\jhullingU,ocal Settings\Temp\XPgrpwise\Res_PropertyTransferToSBRC-REII'roject.doc ADOPTED at a meeting of the South Bend Redevelopment Authority held on Au ug st 20, 2008, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. SOUTH BEND REDEVELOPMENT AUTHORITY Si ure e Alvarez, President Printed Name and Title ATTEST: Sign lure Carolyn V. Pfotenhauer, Vice-President Printed Name and Title C:\Documents and Settings\jhullingU.ocal Settings\Temp\XPgrpwise\Res_PropertyTransferToSBRC-REIProject.doc Exhibit A Redevelopment Authority Resolution No. 171 THE ALLEY/INGRESS AND EGRESS EASEMENT DESCRIBED AS: The South 13 feet of an Ingress-Egress Easement, 30 feet in width, shown on the Hall of Fame and Chocolate Cafe Minor Subdivision (Instr. # 0365811) from the West line of the east 12 feet of DeRue Court extended north to St. Joseph Street.