HomeMy WebLinkAboutNo. 3075 approving/authorizing the execution of an addendum to the Master Agency Agreement (Demolition of homes within AEP electric pole easement by realigned SR23)r
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
:REDEVELOPM N
Marcia I. JoncWPresident
South Bend Redevelopment Commission
ATTEST:
Donald Alford, Sr/1 Secretary
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
Project Budget
Total cost for demolition of the 3 homes located at 1128 Corby, 1225 Corby and 1229
Corby is not to exceed $30,000.
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EXHIBIT "A'"
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.
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5812 INDUSTRIAL ROAD
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(260)484 -2748
INDIANA MICHIGAN POWER CO.
SOUTH BEND - COLFAX
STATE OF INDIANA
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EASEMENT: 40 MAP NO: 1872
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EXHIBIT "A'"
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:
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.
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EXHIBIT PREPARED BY:
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5812 INDUSTRIAL ROAD
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(260)484 -2748
INDIANA MICHIGAN POWER CO.
STATE OF INDIANA
SOUTH BEND- COLFAX
ST. JOSEPH COUNTY
PORTAGE TOWNSHIP
EASEMENT ACROSS THE LANDS OF
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CONTAINING t 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 DO 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 FEET
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.
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ST. JOSEPH COUNTY
PORTAGE TOWNSHIP
SEC 6, T37N, R3E
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SITE LOCATION MAP
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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
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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