11/18/91 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 18, 1991 APPROVE AGREEMENT WITH 1ST SOURCE BANK & SOUTH BEND JOINT VENTURE FOR RELEASE OF ESCROW FUNDS - 1ST SOURCE BANK BUILDING Board Attorney Mary Mueller advised the Board that the Agreement they have before them today for consideration allows the release of escrow funds that were held for the contractor in regards to the construction of the 1st Source Bank Building. It is noted that the escrow account contains 176,000,00. Mrs. Mueller stated that the contractor has agreed to release the City and the City in turn will release to 1st Source/South Bend Joint Venture the escrow funds to pay for the glass work that has been completed. In return, 1st Source and South Bend Joint Venture, release the City from all future liability and obligations in this regard. Ms. Humphreys made a motion that the Agreement be approved and executed. Mrs. DeClercq seconded the motion which carried. ADOPT RESOLUTION NO. 46-1991 - AUTHORIZING THE RELEASE OF CERTAIN LIMITED ACCESS_ RESTRICTIONS ALONG A PORTION OF CLEVELAND ROAD Board Attorney Mary H. Mueller informed members of the Board that the Resolution submitted today for adoption was prepared based on a request submitted by the Crossroads Industrial Complex for the release of existing openings along New Cleveland Road to allow for two (2) new driveway openings. Mr. Michael J. Danch, Vice President Planning, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, was present on behalf of Norwest Bank and stated that they are requesting the extinguishment of any existing openings on new Cleveland Road and for approval to allow two (2) new driveway openings. Mr. Danch advised that he has had conversations with the City Engineering Department and it is agreed that because of the current configuration, right turn only will be required for the exit lanes for the two (2) openings. In conclusion, Mr. Danch stated that in order to get the subdivision approved this extinguishment is needed. Mr. Danch noted that the property currently is vacant. Therefore, Mrs. DeClercq made a motion that the request be approved and the Resolution be adopted. Ms. Humphreys seconded the motion which carried and the following Resolution No. 46-1991 was adopted: RESOLUTION NO. 46-1991 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE RELEASE OF CERTAIN LIMITED ACCESS RESTRICTIONS ALONG A PORTION OF CLEVELAND ROAD. WHEREAS, pursuant to I.C. 36-9-6, the Board of Public Works of the City of South Bend, Indiana (Board) has jurisdiction, authority and control over City property and public right-of-way within the City limits; WHEREAS, pursuant to Ordinance No. 6626-79, adopted on August 27, 1979, the City of South Bend annexed a portion of German Township, which included the land abutting Cleveland Road in Section 20, Township 38 North, Range 2 East in St. Joseph County Indiana; and WHEREAS, the section of Cleveland Road which abuts the land annexed pursuant to Ordinance No. 6626-79 has become a City street and subject to the Board's jurisdiction under I.C. 36-9-6; and WHEREAS, Norwest Bank of Indiana, N.A., the developer of a portion of said annexed property, has requested that the Board