HomeMy WebLinkAboutResolution No. 196 Approving and Ratifying Blackthorn Corporate Park Amended Declaration of Protective Covenants & RestrictionsI 1 ''
[CROSS-REFERENCE: DOCUMENT NO. 1530509] ..._ __
RESOLUTION NO. 196
I llllll lllll lllll lllll 111111111111111111111111111111111 * 1 5 3 0 9 5 5 3 *
1530955
RECORDED AS PRESENTED ON
11/18/2015 03:10:58PM
PHILLIP G. DOTSON
ST. JOSEPH COUNTY
RECORDER
PGS: 3 FEES: $18.00
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 LC. 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
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.
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.
[Signature page follows.]
2
I
..
~ t
SOUTH BEND REDEVELOPMENT AUTHORITY
~~
ATTEST:
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this l e-n+-
day of bJQVEHeQ'L., , 2015, personally appeared Richard Klee and Erin Hanig, to me known
to be the President and Secretary, respectively, of the South Bend Redeveiopment Authority, the
Grantor, and acknowledged execution of the foregoing Resolution.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal.
(SEAL)
Commission expires: Vl.J~ 2.3 202 3
I
~~ -S. OEttl-0' _, , Notary Public
Resident(; ~T. UbSEP~ County, IN
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 52970218.003
3