04/10/1978 Board of Public Works Minutes

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• REGULAR MEETING APRIL 10, 1978 APPROVAL OF PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT A Petition for Annexation and Annexation Agreement from Americana Realty, Inc. for property south of Kensington Farms was tabled by the Board for review by the Legal Department. Deputy City Attorney Robert M. Parker was present and advised the Board that this petition has been reviewed with the petitioners. It provides for annexation and a rezoning with the request that they be disannexed in the event that the rezoning is not granted. There is a provision to be added by amendment today providing that if the property is disannexed, the petitioner will deliver a waiver of annexation in recordable form suitable to the Board of Public Works with such waiver to become effective fifteen months after the com- mencement of the construction of any single or non - single family residence upon the property. Mr. Parker noted that Mr. Bancroft, Attorney for the petitioner, and Roger Nusbaum, Vice President of Americana Realty, Inc. were also present. Mr. Bancroft said he had met with the Legal Department regarding the petition and they have reached agreement on the terms of the document having to do with the waiver of annexation. A proposed amendment to the agreement regarding the waiver of annexation was then submitted to the Board. Mr. Brunner asked what would be the result if single or multi - family construction is begun within the fifteen -month period and they are sold to other entities by Americana Realty, Inc. Mr. Parker said the agreement has wording providing that, at the time of disannexation, a waiver in suitable form will be submitted to the Board and that waiver will run with the land so that any conveyance of the land will not change the waiver. The Board asked Mr. Bancroft if that was his understanding and he said that is acceptable and is their intention. Mr. McMahon made a motion that the petition for annexation and annexation agreement be approved, as amended. Mr. Brunner seconded the motion and it carried. PURCHASE AGREEMENT APPROVED - SALE OF 235 N. STUDEBAKER STREET A purchase agreement between Mr. & Mrs. James Pope and the City of South Bend for the sale of a city -owned lot at 235 N. Studebaker Street was submitted to the Board. The agreement was prepared by Deputy City Attorney Terry A. Crone and provides for a reduction in the offering price for the lot to $300 with the stipulation that the purchasers will repair broken curb and sidewalk on the property within one hundred and twenty days from the date of approval of the contract. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the purchase agreement was approved, subject to approval by the Common Council. PETITION TO VACATE A PORTION OF FRANKLIN STREET FILED Gates, Realty, Inc., Van E. Gates and Gates Chevrolet Corporation, by their Attorney, William McInerney, file a petition to vacate Franklin Street from Western Avenue north to Wayne Street. The petitioners own all the real estate abutting on the said street. Franklin Street dead ends.at both Western Avenue and Wayne Street, having been vacated in 1969 upon the petition of Sears Roebuck & Company. The petitioners note that there is a substantial flow of pedestrian and vehicular traffic from one side of Franklin Street to-the other, moving from properties owned by Gates Chevrolet Corpor- ation on both sides of the street, and this constitutes a hazard to pedestrians and vehicles alike. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the petition was filed and referred to the Department of Engineering for review and a utility check and to the Area Plan Commission for a public hearing and recommendation.