04262016 Board of Public Works Meeting

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REGULAR MEETING APRIL 26.2016 159 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Elizabeth A. Maradik s/ Therese J. Duran s/James A. Mueller ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 25-2016 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING ADMINISTRATIVE SETTLEMENT RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA Attorney Aladean DeRose stated this resolution is the same situation as Resolution No. 24-2016. In this case, she stated, the City will pay $16,900 for the property and $125,646 in damages for relocation of the Southgate Church. Mr. Gilot noted a portion of this being disputed claims, would it be setting a precedent on future condemnation procedures? Ms. DeRose stated the City feels the damages are reasonable due to some loss of business by the business owners, but noted these are each unique transactions and not precedent setting. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 25-2016 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ORIZING ADMINISTRATIVE SETTLEMENT RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (Smart Streets Project -Southgate Church) WHEREAS, pursuant to Ind. Code § 32-24-2-2 the City of South Bend, Indiana ("City") is a municipality; the South Bend Redevelopment Authority ("the Authority") is a separate body politic and instrumentality of the City; and the South Bend Redevelopment Commission ("the Commission") exists and operates pursuant to Ind. Code 36-7-14; and WHEREAS, the Authority issued its Lease Rental Revenue Bonds of 2015 ($25,000,000.00) for the construction of certain local public improvements in the City including completion of the City's Smart Streets initiative (the "Smart Streets Project"); and WHEREAS, the South Bend Board of Public Works ("the Board") has been designated to carry out the construction of the of the Smart Streets Project for the Authority, and has accepted that duty under its Resolution No. 15-2016, and pursuant to its powers under Ind. Code §§ 36-9- 6-3 and 36-1-10.5-1, for the benefit of the City and in the best interest of the City's citizens; and WHEREAS, the Board has determined that in order to properly complete the Smart. Streets Project, it is necessary to acquire a permanent fee simple interest in certain property located within the right of way lines in Lot I Calvary Minor Subdivision, South Bend, St. Joseph County, Indiana, recorded as Instrument No 0033925 in the Office of the St..Ioseph County Recorder containing approximately 1,421 square feet, and an additional 800 square feet property, also within the right of way but located elsewhere within the same Lot 1 Calvary Minor Subdivision; and WHEREAS, the Board has further determined that to properly complete the Smart Streets Project, it is also necessary to acquire a temporary easement for right of way in certain property located within the same Lot I Calvary Minor Subdivision, South Bend, St. Joseph County, Indiana, recorded as Instrument No 0033925 in the Office of the St. Joseph County Recorder containing approximately 7,546 square feet; and WHEREAS, in accordance with Ind. Code § 32-24-2-1, acquisition of the above referenced real property (the "Properties") was initiated by the Board through administrative condemnation proceedings which ultimately resulted in a lawsuit by the City against the Property