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HomeMy WebLinkAboutNo. 2362 approving the transfer of real property to the City of South Bend Board of Public Works (633 S. Michigan)RESOLUTION N0.2362 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH SEND, INDIANA BOARD OF PUBLIC WORKS WHEREAS, the City of South Bend, Indiana, Department of Redevelopment (the "Department") is the owner of the real property situated in St. Joseph County, Indiana, and described at Exhibit A (hereinafter referred to as the "Real Property"); and WHEREAS, pursuant to Indiana Code § 36-7-14-3, the South Bend Redevelopment Commission (the "Commission") is the governing body of the Department has the authority to dispose of the Real Property pursuant to Indiana Code § 36-7-14-12.2; and WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has provided for the renovations of the railroad viaducts on South Michigan Street and South Main Street between Bronson Street and South Street (the "Improvements"); and • WHEREAS, the City of the South Bend, Indiana (the "City") has entered into an agreement with the South Bend Transportation Corporation ("Transpo") providing for the Improvements, pursuant to which the City is obligated to transfer the Real Property to Transpo in exchange for Transpo's use of funds for the Improvements; and WHEREAS, the Commission, is desirous of transferring the Real Property to the Board, which has custody of all real and personal property of the City pursuant to Indiana Code §36-9-6-3, for the sum of One and 00/100 Dollar ($1.00); and WHEREAS, pursuant to Ind. Code § 36-1-11-8, the Department, by and through the Commission and the City, by and through the Board, may exchange or transfer property with one another 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 Board has or will consider a substantially similar resolution accepting the transfer of the Real Property from the Department; • NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. The transfer of the Real Property situated in St. Joseph County, Indiana, and more particularly described at Exhibit A for the sum of One and 00/100 Dollar ($1.00), by the City of South Bend, Indiana, Department of Redevelopment to the City of South Bend, Indiana shall be, and hereby is, approved. 2. The President or Vice President and the Secretary of the South Bend Redevelopment Commission shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed in the form set forth at Exhibit B conveying all of the right, title and interest in the Real Property to the City of South Bend, Indiana. 3. This Resolution shall be in full force and effect upon its adoption by the Commission and upon the adoption of a substantially similar resolution by the Commission. The transfer of the real estate shall not be effective until a deed is duly recorded effecting the same. ADOPTED at a meeting of the South Bend Redevelopment Commission held at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601 on July 20, 2007. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT • - .. ~C 1 ~ ~~ 2_L-_ Signnture Printed Name and Tille South Bend Redevelopment Commission ATTEST: gnat C'rPgorv S.nWl1PS_; ~PC_rPtary Printed Nnme and ~'iNe South Bend Redevelopment Commission • EXHIBIT A Common Address 633 S. Michigan Street South Bend, IN Tax Identification Number 18-3022-0804 18-3022-0807 • CJ • EXHIBIT B Quitclaim Deed • • • RETURN TO: Property Address: 227 W. Jefferson Blvd, Suite 1400 South Bend, IN 46601 AUDITOR'S RECORD Transfer No. Taxing Unit Mail Tax Statements To: Date (same) Tax ID No. QUIT CLAIM DEED THIS INDENTURE WITNESSETH That the City of South Bend, Department of Redevelopment, located in St. Joseph County, Indiana (the "Grantor") RELEASES AND QUIT CLAIMS to the City of South Bend, Indiana (the "Grantee") for One and 00/100 Dollar ($1.00) and other valuable consideration the receipt whereof is hereby acknowledged, all right, title, interest and • possessory rights which the Grantor has or may have in the following described Real Estate (the "Property") in St. Joseph County, in the State of Indiana, to wit: Exhibit "A" attached hereto and made a part hereof. The undersigned persons executing this deed on behalf of Grantor represent and certify that they are duly authorized to act for the Grantor and have been fully empowered by the South Bend Redevelopment Commission, the governing body of the City of South Bend, Department of Redevelopment, to execute and deliver this deed; that Grantor has full capacity to convey the real estate described herein; and that all necessary action for the making of such conveyance has been taken and done. • • IN WITNESS WHEREOF By: Its: South Bend Redevelopment Commission State of Indiana, County of St. Joseph ss: ATTEST By: Its: South Bend Redevelopment Commission Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named and ,the and ,respectively, of the South Bend Redevelopment Commission, who acknowledged the execution of the foregoing Deed and who, having been duly sworn, stated that the representations therein contained are true. • WITNESS, my hand and Seal this My Commission Expires: day of , 2007. Signature of Notary Public Printed Name of Notary Public Notary Public County and State of Residence • • ACKNOWLEDGED AND ACCEPTED BY CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot Its: President City of South Bend, Indiana Board of Public Works State of Indiana, County of St. Joseph ss: ATTEST By: Linda M. Martin Its: Clerk City of South Bend, Indiana Board of Public Works Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Gary A. Gilot and Linda M. Martin, the President and Clerk, respectively, of the City of South Bend, Indiana Board of Public Works, who acknowledged the acceptance of the foregoing Deed on behalf of the Board. • WITNESS, my hand and Seal this day of , 2007. My Commission Expires: Signature of Notary Public Printed Name of Notary Public Notary Public County and State of Residence This instrument was prepared Shawn E. Peterson, Attorney-at-Law by; 227 W. Jefferson Boulevard, Ste. 1400, South Bend, IN 46601 I affirm, under the penalties for perjtuy, that I have taken reasonable care to redact each social security number in this document, unless required by law. [Name] NOTE: The individual's name in affirmation statement may be typed, hand written or a signature. • EXHIBIT A LEGAL DESCRIPTION Common Address: 633 S. Michigan Street. South Bend, IN Tax Id. No. 18-3022-0804 18-3022-0807 I~ •