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RESOLUTION NO. 196
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
APPROVING AND RATIFYING AMENDED DECLARATION OF PROTECTIVE
COVENANTS & RESTRICTIONS OF THE BLACKTHORN CORPORATE PARK
WHEREAS, the South Bend Redevelopment Authority (the “Authority”) exists and
operates pursuant to I.C. 36-7-14.5 as a separate body corporate and politic and an instrumentality
of the City of South Bend, Indiana (the “City”); and
WHEREAS, on March 19, 1993, the Authority and the South Bend Redevelopment
Commission (the “Commission”) jointly established the Declaration of Protective Covenants &
Restrictions of the Blackthorn Corporate Park (as amended from time to time, the “Declaration”),
which binds the real property commonly known as the Blackthorn Corporate Park (“Blackthorn”)
located in the City; and
WHEREAS, in accordance with Section 12.1 of the Covenants, the Owners’ Association
at Blackthorn, Inc. (the “Association”), at its meeting on October 27, 2015, and the Commission,
at its meeting on November 12, 2015, approved an amended and restated Declaration (the “2015
Declaration”), to supersede and replace the then-current Declaration; and
WHEREAS, following approval by the Association and the Commission, the 2015
Declaration was recorded on November 13, 2015, as Document No. 1530509 in the Office of the
Recorder of St. Joseph County, Indiana; and
WHEREAS, prior to the approval of the 2015 Declaration by the Association and the
Commission, the Authority had conveyed to the Commission all of its interest in the real property
comprising Blackthorn; and
WHEREAS, the Authority, as a joint declarant of the original Declaration, desires to
approve and ratify the adoption of the 2015 Declaration by the Association and the Commission,
including the withdrawal of the Authority from the meaning of the term “Declarant” and the duties
and functions attendant thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
AUTHORITY AS FOLLOWS:
1.The Authority hereby approves and ratifies the 2015 Declaration and all of the
actions taken by the Association and the Commission in connection therewith.
2.The Authority hereby withdraws from and ceases its role in the management of
Blackthorn as a joint declarant. Upon the adoption of this Resolution, no matter stated in the 2015
Declaration pertaining to or requiring the action of the “Declarant” will be deemed to require the
action of the Authority. The Authority’s withdrawal from the management of Blackthorn pursuant
to the terms of this Resolution will have no effect on the limitation of liability and the waiver of
claims stated in Section 5.6 of the Declaration.
ITEM: 3.A.
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3. This Resolution will be recorded in the Office of the Recorder of St. Joseph County,
Indiana, promptly after its adoption by the Authority.
4. This Resolution will be in full force and effect upon its adoption by the Authority.
ADOPTED at a regular meeting of the South Bend Redevelopment Authority held on
November 18, 2015, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
SOUTH BEND REDEVELOPMENT AUTHORITY
______________________________
Richard Klee, President
ATTEST:
______________________________
Erin Hanig, Secretary
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this _____
day of _______________, 2015, personally appeared Richard Klee and Erin Hanig, to me known
to be the President and Secretary, respectively, of the South Bend Redevelopment Authority, the
Grantor, and acknowledged execution of the foregoing Warranty Deed.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal.
(SEAL)
___________________________, Notary Public
Commission expires: _____________ Resident of _______________ County, _______
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. Benjamin J. Dougherty.
Prepared by Benjamin J. Dougherty, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend,
Indiana 46601.
4000.0000047 52970218.002