01/13/97 Board of Public Works Minutes

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MZ REGULAR MEETING JANUARY 13, 1997 TEMPORARY RIGHT OF WAY FOR RETAINING WALL AND DRIVE CONSTRUCTION A part of Lots 1,2,3,4 and the east half of the vacated alley lying west of and adjoining said Lot 3 and the west half of the vacated alley lying east of and adjoining said Lot 4, all in the Hillside Addition to the City of South Bend, Indiana, the plat of which is recorded in Plat Book 12, page 136, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the north line of said Lot 1 at a point North 89 degrees 53 minutes 10 seconds West 10.30 feet from the northeast corner of said lot; thence South 40 degrees 38 minutes 17 seconds East 6.58 feet; thence South 0 degrees 05 minutes 20 seconds West 136.55 feet to the south line of said lot; thence North 89 degrees 53 minutes 10 seconds West 29.00 feet along said south line of said lot; thence North 38 degrees 09 minutes 21 seconds East 32.44 feet; thence North 0 degrees 05 minutes 20 seconds East 40.00 feet; thence North 89 degrees 54 minutes 40 seconds West 25.00 feet; thence North 0 degrees 05 minutes 20 seconds East 71.00 feet; thence North 89 degrees 53 minutes 10 seconds West 60.02 feet; thence South 0 degrees 06 minutes 50 seconds West 15.00 feet; thence North 89 degrees 53 minutes 10 seconds West 75.97 feet to the west line of said Lot 4; thence North 0 degrees 05 minutes 20 seconds East 20.00 feet along said west line to -the northwest corner of said lot; thence South 89 degrees 53 minutes 10 seconds East 16 1. 00 feet along the north line of Lots 4,3,2 and 1 to the point of beginning and containing 5,239 square feet, more or less. WHEREAS, the Board of Public Works previously retained the services of Zanussi Company, Inc. to facilitate the acquisition of all right-of-way necessary to construct the project; and WHEREAS, purchase offers have been extended for all property necessary to construct the project between Ewing and Randolph; and WHEREAS, the offer to purchase the aforementioned Real Estate has not been accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that: 1. All actions taken pursuant to the agreement between the City of South Bend and the Zanussi Company, Inc., including but not limited to the extension of offers to purchase real property, discussions concerning same, and real property acquisitions are hereby ratified. 2. The Board's attorney is authorized and directed to file a complaint in the name of the City of South Bend, Indiana, in order that appraisers be appointed to establish the value of said real estate, and all other necessary and proper actions be taken to accomplish the taking by eminent domain pursuant to law. Adopted this 13th day of January, 1997. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF A RESOLUTION AUTHORIZING AN AGENT TO ACCEPT PENSION LIABILITY ON BEHALF OF THE CITY OF SOUTH BEND Mr. Leszczynski stated that a Resolution Authorizing an Agent to Accept Pension Liability on Behalf of the City of South Bend has been presented to the Board for approval. This Resolution fully authorizes and empowers M. Catherine Roemer and Jeffrey Rinard, City Controller and Deputy Controller to act on behalf of the City of South Bend to accept pension liability, pursuant to I.C. 5-