10/13/87 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 13, 1987 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above Addendum was approved as submitted. APPROVE EASEMENT - INDIANA MICHIGAN POWER COMPANY Mr. Leszczynski advised that because Indiana Michigan Power Company has power lines crossing the City's sludge farm on Cleveland Road the appropriate Easement has been submitted by I&M for approval by the Board. Mr. Leszczynski further advised that he recommends that the Easement be granted and approved subject to a slight modification. He recommended that the language indicating that I&M has the right to use herbicides be stricken from the Easement and that the new Easement submitted today be contingent upon the release of the current Easement with I&M. Upon a motion made by Mr. Vance, seconded by Mrs. DeClercq and carried, the above referred to Easement was approved subject to the above indicated modifications. APPROVE PERMANENT EASEMENT FOR USE AND MAINTENANCE OF AND ACCESS TO PEDESTRIAN BRIDGE - SHERLAND BUILDING Board Attorney Thomas Bodnar advised that the pedestrian bridge between the Jefferson Parking Garage and the Sherland Building has been in existence for approximately twenty (20) years but has never been the subject of a recorded Easement. As the new owners of the Sherland Building are requesting an easement, a Permanent Easement is being submitted to the Board at this time for approval. Mr. Bodnar stated that the Easement will not give the owners of the Sherland Building greater rights than they currently have. The Easement indicates that the City, being the owner of certain rights, title and interest with respect to that certain dedicated public alley running north and south between, inter alia, Lots Numbered 40 and 41 as shown on the Original Plat of the Town, now the City of South Bend, for good and valuable consideration, grants, dedicates and conveys unto The Equitable Life Assurance Society of the United States, as the owner of Lot Numbered 41 and the south one-half (1/2) of Lot Numbered 42 and the Sherland Building situated thereon, for purposes of ingress, egress, unrestricted access, use, maintenance and all other purposes in connection with a certain Pedestrian Bridge owned by The Equitable Life Assurance Society of the United States and the Sherland Building and now existing and to be maintained at the approximate minimum height of 13 feet above the surface of the alley, between the Sherland Building and a parking garage now owned by Parking Facilities of South Bend, an Easement upon all of its right, title and interest in the property described in the Permanent Easement. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Permanent Easement as indicated above was approved. APPROVE HOUSE MOVE - FROM THE S.E. CORNER OF HILL AND MADISON STREET TO THE S.E. CORNER OF CORBY AND NILES AVENUE In a Memorandum to the Board, Mr. Jack A. Mathews, Building Commissioner, advised that Lykowski Construction, Inc., 21707 West Ireland Road, South Bend, Indiana, requested permission to relocate a house from the S.E. corner of Hill and Madison Street to the S.E. corner of Corby and Niles Avenue. Mr. Mathews stated that the utility companies have been contacted and their requirements have been satisfied. Additionally, the Engineering Department has approved the route to be utilized for this move, the appropriate Certificate of Insurance is in order and on file and information has been provided as to how the existing site will be left. Therefore, Mr. Mathews recommends that the Board approve the move as requested. Upon a motion made by Mrs. DeClercq, seconded by Mr. Vance and carried, the recommendation was accepted and the request approved. 1 11