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HomeMy WebLinkAboutApproving a contract between the City of South Bend and the O'Brien CorporationRESOLUTION No. 448 -74 Passed by the Common Council of the City of South Bend, Indiana, OCTOBER 14, 19 74 Attest: 4,"_-� City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana OCTOBER 15, 19 74 Approved and signed by me 19 %T City Clerk Mayor RESOLUTION NO. y y S?- -2 q RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND AND THE O'BRIEN CORPORATION FOR THE PAYMENT BY THE CITY TO O'BRIEN OF $31,901.00, THE GRANTING BY THE CITY OF A CERTAIN EASEMENT, AND OF THE REMOVAL OF RAIL- ROAD TRACKS BY O'BRIEN. WHEREAS, the City of South Bend has appropriated funds for the construction of a connector route between Colfax Street and Washington Street in South Bend, Indiana over the general route of Orange Street between Birdsell Street and Washington Avenue, the South Shore right -of -way between Orange Street and Colfax Avenue, and Colfax Avenue east of Studebaker Street; and WHEREAS, it is necessary for the construction of this connector route that railroad service by the Chicago South Shore and South Bend Railroad over the general route as above described, be discontinued and said railroad tracks abandoned and removed; and WHEREAS, the Chicago South Shore and South Bend Railroad has agreed to discontinue its rail service over said tracks and to abandon said railroad tracks in place. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the contract entered into between the Civil City of South Bend, Indiana and The O'Brien Corporation on the 14th day of October, 1974, for the payment of $31,901.00 by the City to O'Brien for the acquisition and reconstruction of railroad facilities to serve its plant and the reconstruction of its plant facilities, and the granting of an easement in Orange Street by the City to O'Brien for the servicing of its plant facilities, and the abandonment of rail service by the Chicago South Shore and South Bend Railroad to the O'Brien plant, and the removal by O'Brien of the South Shore railroad tracks as the same are abandoned, and the granting of salvage rights by the City to O'Brien in said railroad tracks, is hereby approved and confirmed. SECTION II. This Resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. PRESENTED NOT APPROVED io_ ice!- -,) q ADOPTED /6- v _ ,7 q fW 11 Q9" 0FRCE 1974 Irene Gammon CITY CLERK,, SOUTH. BEND, 1ND;, This Agreement entered into this day of , 1974, by and between The O'Brien Corporation, hereinafter referred to as O'Brien and the Civil City of South Bend, a municipal corporation of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, the City is planning construction of a connector route between Colfax Street and Washington Avenue in South Bend, Indiana, over the general route of Orange Street between Birdsell Street and Washington Avenue, the South Shore right -of -way between Orange Street and Colfax Avenue, and Colfax Avenue east of Studebaker Street; and WHEREAS, the City in the construction of such connector will be required to remove the railroad tracks of the Chicago South Shore and South Bend Railroad from Colfax Avenue and Orange Street. WHEREAS, the said South Shore Railroad and the City have entered into an Agreement whereby the South Shore agrees to abandon its railroad tracks in place as the same extend from the southwest curb line of Washington Avenue eastward to the end of its line west of LaPorte Avenue; and by said Agreement the City is given the right of removal of said tracks and all salvage rights therein gained by its removal. WHEREAS, the O'Brien plant facilities which are generally bordered on the south by Washington Avenue, the west by O'Brien Street, the north by Orange Street and the east by an alley extending between Brookfield and Jackson Streets in the City of South Bend, Indiana, are presently served by the said South Shore tracks to be abandoned and O'Brien desires to consent to such abandonment of its tracks by the South Shore upon the construction and reconstruction of a railroad siding owned by the Penn Central Transportation Company from the existing Penn Central mainline right -of -way to the O'Brien plant facilities. WHEREAS, O'Brien desires to acquire salvage rights in all of said South Shore tracks from the City for the purpose of constructing and reconstructing a Penn Central siding necessary to serve the O'Brien plant facilities. WHEREAS, O'Brien in order to utilize the Penn Central railroad service to its plant facilities will require certain curb cuts in Orange Street and a permanent easement as hereinafter described in a part of Orange Street from the City. WHEREAS, the Common Council of the City of South Bend, on May 26, 1870, granted a right to construct a railroad siding track on Grant Street from the location of the then Lake Shore railroad tracks, now the mainline of the Penn Central Transportation Company to the O'Brien factory, now the O'Brien plant facilities, and O'Brien desires to obtain assurance of the continued right to existence and use of a right -of -way in Grant Street for the purpose of railroad siding service by the Penn Central NOW, THEREFORE, it is agreed by and between the parties hereto and for and in consideration of the premises and the mutual covenants herein contained, as follows: 1. The City agrees to pay to O'Brien upon execution and approval of this contract as hereinafter provided, the sum of Thirty - One Thousand, Nine Hundred and One Dollars ($31,901.00) to compensate 2. O'Brien for its costs of acquisition and reconstruction of the Penn Central Transportation Company railroad siding to serve the O'Brien plant facilities and purchase of new equipment by O'Brien to allow service of its plant by the new railroad siding. 2. The City agrees to grant to O'Brien a permanent easement to a part of Orange Street in South Bend, Indiana, which easement is described in Exhibit A attached hereto and made a part hereof, to have and to hold said easement unto O'Brien and unto its successors and assigns forever. 3. The City agrees in connection with the granting of said easement to O'Brien that it will construct two curb cuts in Orange Street which adjoins the O'Brien property at the place of said easement, said curb cuts to allow ingress and egress of trucks to the O'Brien property; and the City further agrees to pave the truck loading area at the O'Brien facility as the same extends between the O'Brien plant structure and Orange Street and adjoins the loading dock to be constructed by O'Brien. 4. O'Brien gives to the City a right of entry upon the real estate owned by it for the purpose of survey, grading, leveling, filling, draining, paving, and otherwise constructing the curb cuts and paved area referred to in paragraph 3 of this Agreement. 5. O'Brien agrees at its expense to remove all railroad track owned by the Chicago South Shore and South Bend Railroad which is to be abandoned by said railroad and which track extends from the southwest curb line of Washington Avenue eastward to the end of its line just west of LaPorte Avenue in South Bend, Indiana. The City hereby grants, assigns and conveys to O'Brien all of its right of salvage to said track given to the City under its agreement with the Chicago South Shore and South Bend Railroad. The liability of O'Brien concerning the condition of the street from which the railroad track is removed shall be that O'Brien will back grade the area after removal of the track and all further repair, reconstruction and 3. maintenance shall be the liability of the City. 6. O'Brien agrees to give written notice to the Chicago South Shore and South Bend Railroad as soon as O'Brien no longer requires freight service to its plant by the South Shore Railroad so that service by the South Shore may be discontinued and the South Shore track in Orange Street from the southwest curb line of Washington Avenue eastward to the Johnson Street - Orange Street intersection may be abandoned by the South Shore and its removal undertaken by O'Brien as hereinbefore provided. O'Brien further agrees that said notice to the South Shore of the right to discontinue service shall be given no later than January 2, 1975, and that said track shall be removed by O'Brien no later than February 1, 1975. 7. The City hereby affirms the grant made by the Common Council of South Bend, Indiana, on May 26, 1870, of a railroad track right -of -way in and over Grant Street in South Bend, Indiana, between the Penn Central mainline railroad tracks and the O'Brien plant facilities, for the use of the Penn Central Transportation Company and its successors and assigns. 8. This Agreement is expressly made conditional upon its acceptance by the Common_ Council of the City of South Bend and the approval of the Ordinance heretofore adopted by the Common Council of South Bend appropriating the funds for the Orange- Colfax Connector .1" project from which the moneys herein provided to be paid are to be made available by the appropriate Board of the State of Indiana, and should said Agreement for any reason fail to be approved by the Common Council or said appropriation ordinance for any reason fail to be approved by said State Board, then this Agreement shall be null 4. and void and of no force and effect and all rights and liabilities of the parties hereto shall terminate. CITY OF SOUTH BEND, INDIANA by its BOARD OF PUBLIC WORKS ATTEST: Patricia DeClercq Clerk of the Board of Public Works THE O'BRIEN CORPORATION RM STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, a Notary Public, in and for said County and State, personally appeared Rollin E. Farrand, James V. Barcome and James R. Seitz known to me and constituting the Board of Public Works, City of South Bend, Indiana, who acknowledged the S. execution of the above and foregoing agreement as their free and voluntary act and deed this day of , 1974. Notary Public My Commission Expires: STATE OF INDIANA SS: ST. JOSEPH COUNTY ) Before me, a Notary Public, in and for said County and State, personally appeared The O'Brien Corporation, an Indiana corporation, by , its and , its , who acknowledged the execution of the above and foregoing agreement as their free and voluntary act and deed this day of , 1974. Notary Public My Commission Expires: This instrument was prepared by Robert M. Parker, Attorney at Law, 609 Odd Fellows Building, South Bend, Indiana 46601. go