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Home My WebLink About6E (1)• r a n • LA m yoorb Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission, Board of Public Works From: Liz Maradik, Planner Subject: Resolution 3075 and Addendum To Master Agency Agreement Demolition of homes within AEP electric pole easement by realigned SR23 Date: October 5, 2012 Attached to this memorandum are Resolution 3075, and the Addendum To Master Agency Agreement for the demolition of homes within AEP electric pole easement by realigned SR23. As Commissioners are aware, the SR23 realignment project is currently underway. As part of this project, high tension electric poles were planned along the South side of the street through the new intersection that will be created instead of the current 5 points intersection. The NNDA Plan amended was completed on October 25, 2011. This Plan provides a vision for the redevelopment of the entire neighborhood and identifies the realigned 5 Points intersection as an area with high potential for commercial development. City's Department of Public Works has been working with AEP officials over the past several months to determine an alternate route so that the land immediately adjacent to the street is clear of these large overhead electric cables and maintains its development potential. A new route was recently determined which follows existing alleys starting at the intersection of Duey and SR23 going South towards Corby and then West along the street. A total of eight (8) homes need to be demolished in order to facilitate the AEP Electric pole project this fall. Of these eight (8) homes, Five Corners LLC is seeking assistance with the demolition of three (3) — located at 1128 Corby, 1225 Corby and 1229 Corby. Demolition work will include demolition of all structures, clearing of trees within the AEP easement and environmental inspection & assessment with proper removal of asbestos, if found. The total cost of the demolition work for the three (3) properties is not to exceed $30,000. The remaining five (5) homes will be demolished by Five Corners LLC. Staff requests approval of Resolution 3075 and the Addendum To Master Agency Agreement for the demolition of homes within AEP electric pole easement by realigned SR23. What We Do Today Makes A Difference! s f RESOLUTION NO. 3075 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Demolition of homes within AEP electric pole easement by realigned SR23) WHEREAS, effective January 1, 2012, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2012; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Demolition of homes within AEP electric pole easement by realigned SR23 to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Demolition of homes within AEP electric pole easement by realigned SR23) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on October 11, 2012 at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Demolition of homes within AEP electric pole easement by realigned SR23) 3075 -11 This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 23rd day of October, 2012, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Demolition of homes within AEP electric pole easement by realigned SR23 (the "Project ") WHEREAS, effective January 1, 2012, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2012; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Demolition of homes within AEP electric pole easement by realigned SR23 to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Member Member ATTEST: Linda Martin, Clerk Exhibit "A" Demolition of homes within AEP electric pole easement by realigned SR23 Proiect Budget Total cost for demolition of the 3 homes located at 1128 Corby, 1225 Corby and 1229 Corby is not to exceed $30,000. EXHIBIT WIN LEGAL DESCRIPTION PART OF LOT 9 IN M.E. LISTENBERGER'S FIRST ADDITION PLAT RECORDED IN PLAT BOOK 6, PAGE 73 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 SAID PLAT; THENCE SOUTH 89 DEGREES 43 MINUTES 47 SECONDS WEST, (STATE PLANE GRID BASIS OF BEARINGS), ALONG THE SOUTH LINE OF SAID LOT AND THE PROPERTY CONVEYED TO SIGALIT SHAVIT & DROR SHAVIT IN DOCUMENT 1125775 IN SAID RECORDER'S OFFICE, 40.00 FEET TO THE WEST LINE OF SAID PROPERTY; THENCE ALONG SAID LINE, NORTH 00 DEGREES 19 MINUTES 59 SECONDS WEST, 13.03 FEET; THENCE LEAVING SAID LINE, NORTH 89 DEGREES 45 MINUTES 25 SECONDS EAST, 30.67 FEET, THENCE NORTH 00 DEGREES 52 MINUTES 47 SECONDS WEST, 157.00 FEET TO THE NORTH LINE OF SAID PROPERTY; THENCE ALONG SAID LINE, NORTH 89 DEGREES 43 MINUTES 47 SECONDS EAST, 10.83 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 59 SECONDS EAST, 170.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.048 ACRES OF LAND MORE OR LESS AND BEING SUBJECT ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. `��trirrrrir STRO",,� GISTERF�. G' fi LS80040295 STATE OF l,9 • /NDIAIAK '•�4�` SUR '� 111111 EXHIBIT "A'" -N- 0 60 SCALE IN FEET 1 INCH = 60 FEET (N.T.S.) N 89'45'25' 30.67' N 89'4347" E 10.83' rlmI � w W $� �8 y 0 SITE LOCATION MAP SIGALIT SHAVIT & DROR SHAVfT TAX# 71- 09 -06- 156 - 040.000 -026 DOC# 1125775 N 00'1959' W - EDISON RD a 13.03' S 89'4347' W POB x 40.00' W EXHIBIT PREPARED BY: FNGELAB,LV ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 CORBY BLVD SITE LOCATION MAP SIGALIT SHAVIT & DROR SHAVfT TAX# 71- 09 -06- 156 - 040.000 -026 DOC# 1125775 N 00'1959' W - -►{ / /� 13.03' S 89'4347' W POB 40.00' EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484 -2748 INDIANA MICHIGAN POWER CO. SOUTH BEND- COLFAX STATE OF INDIANA EASEMENT ACROSS THE LANDS OF ST. JOSEPH COUNTY SIGALIT SHAVIT & DROR SHAVIT PORTAGE TOWNSHIP SEC 6, T37N, R3E C ONTAINING f 0.048 ACRES 1" = 60' DATE: 5 -31 -12 EASEMENT: 40 MAP NO: 1872 120 :92 -179 PAGE 2 OF 2 EXHIBIT "A'" LEGAL DESCRIPTION PART OF LOT 9 IN M.E. USTENBERGER'S FIRST ADDITION PLAT RECORDED IN PLAT BOOK 6, PAGE 73 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 IN SAID PLAT; THENCE SOUTH 89 DEGREES 43 MINUTES 47 SECONDS WEST, (STATE PLANE GRID BASIS OF BEARINGS), ALONG THE SOUTH LINE OF SAID LOT, 40.00 FEET TO POINT OF BEGINNING SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THE PROPERTY CONVEYED TO FIVE CORNERS LLC IN DOCUMENT 1131983 IN SAID RECORDER'S OFFICE; THENCE CONTINUING ALONG SAID LINE, SOUTH 89 DEGREES 43 MINUTES 47 SECONDS WEST, 53.33 FEET TO THE WEST LINE OF SAID PROPERTY; THENCE ALONG SAID LINE, NORTH 00 DEGREES 19 MINUTES 59 SECONDS WEST, 13.05 FEET, • THENCE LEAVING SAID LINE, NORTH 89 DEGREES 45 MINUTES 25 SECONDS EAST, 53.33 FEET TO THE EAST LINE OF SAID PROPERTY; THENCE ALONG SAID LINE, SOUTH 00 DEGREES 19 MINUTES 59 SECONDS EAST, 13.03 FEET TO THE POINT OF BEGINNING CONTAINING 0.016 ACRES OF LAND MORE OR LESS AND BEING SUBJECT ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. i �v� !......... GISTER�cQ. LS80040295 STATE OF a SURv��,,. INDIANA MICHIGAN POWER CO. SOUTH BEND - COLFAX EASEMENT ACROSS THE LANDS OF FIVE CORNERS LLC CONTAINING f 0.016 ACRES 1- - 60' DATE: 5 -31 -12 EASEMENT: 41 MAP NO: 1872 120:92 -179 PAGE 1 OF 2 EXHIBIT "A EDISDN RD a -N- s x VBLV h 0 60 1!sii � CORBY BLVD SCALE IN FEET 1 INCH = 60 FEET SITE LOCATION MAP (N.T.S.) FIVE CORNERS LLC TAX# 71 -09 -06 -156- 039.000 -026 DOC # 1131983 9 N 89'4525" E 53,33' N 00'19'59' W S 00'19'49" E 13.03 13.05' OB S 89'43'47" W S 89'4347' W 53.33' 40.00' EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484 -2748 INDIANA MICHIGAN POWER CO. STATE OF INDIANA SOUTH BEND- COLFAX ST. JOSEPH COUNTY PORTAGE TOWNSHIP EASEMENT ACROSS THE LANDS OF SEC 6, T37N, R3E FIVE CORNERS LLC CONTAINING f 0.016 ACRES 1" - 60' DATE: 5 -31 -12 EASEMENT: 41 MAP NO: 1872 120:92 -179 PAGE 2 OF 2 EXHIBIT "A" LEGAL DESCRIPTION PART OF LOT 3 AND THE EAST HALF A VACATED ALLEY IN THE PLAT OF GEORGE FELDMAN'S SUBDIVISION OF A PART OF THIRD PLAT OF PARK PLACE ADDITION RECORDED IN PLAT BOOK 8, PAGE 192 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 IN SAID PLAT; THENCE SOUTH 00 DEGREES 17 MINUTES 02 SECONDS EAST, (STATE PLANE GRID BASIS OF BEARINGS), ALONG THE EAST LINE OF SAID LOT AND THE PROPERTY CONVEYED TO FIVE CORNERS, LLC DOCUMENT 1013969 IN SAID RECORDER'S OFFICE, 35.37 FEET; THENCE LEAVING SAID LINE, SOUTH 89 DEGREES 33 MINUTES 26 SECONDS WEST, 36.97 FEET TO THE WEST LINE OF SAID PROPERTY, THENCE ALONG SAID LINE, NORTH 00 DEGREES 19 MINUTES 36 SECONDS WEST, 35.48 FEET TO NORTH LINE OF SAID LOT; THENCE ALONG SAID LINE NORTH 89 DEGREES 43 MINUTES 47 SECONDS EAST, 37.00 FEEL' TO THE POINT OF BEGINNING CONTAINING 0.030 ACRES OF LAND MORE OR LESS AND BEING SUBJECT ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. `,,�trr�rrrrrr�� STR . O,� LS80040295 STATE OF 1142) r i INDIANA MICHIGAN POWER CO. SOUTH BEND - COLFAX EASEMENT ACROSS THE LANDS OF FIVE CORNERS, LLC CONTAINING f 0.030 ACRES 1" - 60' DATE: 5 -31 -12 EASEMENT: 57 MAP NO: 1872 120:92 -179 PAGE 1 OF 2 Q 0 60 SCALE IN FEET 1 INCH - 60 FEET (N.T.S.) EXHIBIT "A" N W1938' W 33.48' 5 89'33' 38.97 FIVE CORNERS, LLC TAX# 71- 09 -06- 301- 009.000 -026 DOC # 1013969 STATE OF INDIANA ST. JOSEPH COUNTY PORTAGE TOWNSHIP SEC 6, T37N, RX N 89'43'47' E 37.00' POB SITE LOCATION MAP f 500'1.3 E 35.377' ' EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484 -2748 INDIANA MICHIGAN POWER CO. SOUTH BEND- COLFAX EASEMENT ACROSS THE LANDS OF FIVE CORNERS,LLC CONTAINING f 0.030 ACRES 1 " - 60' DATE: 5 -31 -12 EASEMENT: 57 MAP NO: 1872 120:92 -179 PAGE 2 OF 2 EDISON RD ANGELA BLV cr A W Z W Y w C13RBY BLVD SITE LOCATION MAP f 500'1.3 E 35.377' ' EXHIBIT PREPARED BY: ENGINEERING VISION, INC 5812 INDUSTRIAL ROAD FORT WAYNE, IN 46825 (260)484 -2748 INDIANA MICHIGAN POWER CO. SOUTH BEND- COLFAX EASEMENT ACROSS THE LANDS OF FIVE CORNERS,LLC CONTAINING f 0.030 ACRES 1 " - 60' DATE: 5 -31 -12 EASEMENT: 57 MAP NO: 1872 120:92 -179 PAGE 2 OF 2