HomeMy WebLinkAboutagenda item 2015 1118 rda 03b1
RESOLUTION NO. 197
A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY
APPROVING THE TRANSFER OF THE WAYNE STREET PARKING GARAGE TO
THE SOUTH BEND REDEVELOPMENT COMMISSION
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, the South Bend Redevelopment Commission (the “Commission”), governing
body of the South Bend Department of Redevelopment, exists and operates pursuant to I.C. 36-7-
14; and
WHEREAS, the Authority, as lessor, and the Commission, as lessee, are parties to a certain
Lease dated June 1, 1988, as amended by the Addendum to Lease dated July 29, 1988, and as
further amended by the Addendum to Lease dated July 16, 1992 (collectively, the “Lease”), for
the real property and improvements located in the City and commonly known as the Wayne Street
Parking Garage (the “Facility”) in connection with the South Bend Redevelopment Authority
Lease Rental Revenue Bonds (Parking Facility Project) issued by the Authority for the
construction of the Facility (the “Bonds”); and
WHEREAS, Section 14 of the Lease provides that upon the expiration of the term of the
Lease and upon the full discharge and performance by the Commission of its obligations under the
Lease, the Authority will convey the Facility to the Commission, subject only to Permitted
Encumbrances (as defined in the Lease); and
WHEREAS, the Bonds have been retired and the Commission has satisfied its obligations
under the Lease; and
WHEREAS, the Authority desires to convey the Facility to the Commission in accordance
with Section 14 of the Lease, subject to the terms of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
AUTHORITY AS FOLLOWS:
1.The Authority hereby approves, and will execute simultaneously with this
Resolution, the warranty deed attached hereto as Exhibit A (the “Warranty Deed”) conveying the
Facility to the Commission in accordance with the Lease.
2.The Authority hereby authorizes and instructs David Relos or Brock Zeeb, each of
the City’s Department of Community Investment, to deliver the Warranty Deed to an authorized
representative of the Commission and to take on behalf of the Authority all necessary
administrative actions to accomplish the purposes of this Resolution.
3.This Resolution will be in full force and effect upon its adoption by the Authority.
ITEM: 3.B.
2
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
4000.0000013 53543521.002
EXHIBIT A
Warranty Deed
[See attached.]
AUDITOR’S RECORD
TRANSFER NO.__________
TAXING UNIT___________
DATE __________________
KEY NOS. ______________
WARRANTY DEED
THIS INDENTURE WITNESSETH THAT the South Bend Redevelopment Authority, a separate body
corporate and politic and an instrumentality of the City of South Bend, Indiana, 1400 S. County-City
Building, 227 W. Jefferson Boulevard, South Bend, Indiana (the “Grantor”)
CONVEYS AND WARRANTS TO the Department of Redevelopment of the City of South Bend, by and
through its governing body, the South Bend Redevelopment Commission, 1400 S. County-City Building,
227 W. Jefferson Boulevard, South Bend, Indiana (the “Grantee”) for and in consideration of one dollar
($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the
following real estate (the “Property”):
A part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East of the
Second Principal Meridian, Portage Township, City of South Bend, Indiana being a part of
Lots 50, 51 and 52 of the Original Plat of South Bend, Indiana more particularly described
as follows: Beginning at the intersection of the Westerly right of way line of St. Joseph
Street (85 foot right of way) with the North right of way line of Wayne Street (82.5 foot
right of way); thence South 89°38'12" West (bearing assumed) along the North right of
way line of Wayne Street 148.84 feet; thence North 00°27'00' West, 186.00 feet; thence
North 89°39'34" East, 165.61 feet; thence Southwesterly 186.99 feet along a segment of a
curve to the right having a radius of 912.43 feet, subtended by a chord having a bearing of
South 04°42'19" West and a length of 186.66 feet to the point of beginning.
Grantor hereby conveys the Property in fee simple to Grantee subject to all easements, covenants,
restrictions, and other matters of record.
Each undersigned person executing this Warranty Deed on behalf of the Grantor represents and certifies
that he or she has been fully empowered and authorized to execute this Warranty Deed and that all action
necessary to complete this conveyance on Grantor’s behalf has been duly taken.
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Dated this _____ day of _________________, 2015.
GRANTOR:
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.
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