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<br />REGULAR MEETING _ JUNE 26, 2006
<br />WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the
<br />following described real property situated in St. Joseph County, Indiana:
<br />See Attached Exhibit "A"
<br />(collectively hereinafter referred to as the Real Property); and
<br />WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of
<br />South Bend (the "Board") has custody of and may maintain all real property of the City
<br />of South Bend; and
<br />WHEREAS, the City, through the Board, is desirous of transferring to
<br />LaSalle Council, Boy Scouts of America, a not for profit corporation, exempt from
<br />income taxation under Section 503(c) of the Internal Revenue Code, for use in its
<br />Northeast Neighborhood, Development Area project; and
<br />WHEREAS, pursuant to LC. 36-1-11-1(b), the City, acting by and through the
<br />Board, may transfer property to an Indiana non-profit corporation, exempt from income
<br />taxation under Section 503(c) of the Internal Revenue Code, under such terms and
<br />conditions as determined by the Board.
<br />WHEREAS, the Board of Public Works desires to transfer the Real Property and
<br />the LaSalle Council, Boys Scouts of America desires to accept transfer of the Real
<br />Property.
<br />NOW, THEREFORE, BE IT RESOLVED By the Board of Public Works for
<br />the City of South Bend, Indiana, as follows:
<br />1. The transfer of the Real Property situated in St. Joseph County, Indiana, and
<br />generally described as follows: .
<br />,. See Attached Exhibit "A"
<br />for "ten Dollars ($10.00) and subject to the conditions set forth hereinabove, by the City
<br />oi' South Bend, Indiana to the South Bend Heritage Foundation, Inc., shall be, and hereby
<br />is, approved.
<br />2. The Mayor of the City of South Bend and the South Bend City Clerk shall
<br />be, and hereby are, authorized, respectively, to execute and attest to the execution of a
<br />quitclaim deed conveying all of the right, title and interest of the LaSalle Council, Boy
<br />Scouts of America.
<br />3. That this Resolution shall be in full force and effect upon its adoption by the
<br />Lioard of Public Works of the City of South Bend.
<br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend
<br />held on June 26, 2006 at 1308 County-City Building, 227.West Jefferson Boulevard,
<br />South Bend, Indiana 46'f01.
<br />CITY OF SOUTH BEND
<br />BOARD OF PUBLIC WORKS
<br />s/Gary A. Gilot, President
<br />s/Carl P. Littrell, Member
<br />ATTEST:
<br />s/Angela K. Jacob, Clerk
<br />APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO
<br />REMONSTRATE
<br />Mr. Gilot stated that the Board is in receipt of a Consent to Arinexation and Waiver of
<br />Right to remonstrate as submitted by Miller Builders. The Consent indicates that in
<br />consideration for permission to tap into public sanitary sewer and water system of the
<br />City, to provide sanitary sewer and water service to Lots 321, 322, 323 and 324 in the
<br />recorded plat of Town of Maple Lane, South Bend, Indiana, Miller Builders waives and
<br />releases any and all right to remonstrate against or oppose any pending or future
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