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Home My WebLink AboutTemporary Construction Access Easement- Temporary & Permanent Construction Access and Instal – Christopher & Jennifer Voros (Trustees)1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 25, 2020 Christopher J. Voros & Jennifer N. Morse-Voros 50533 Dear Ridge Ct. Granger, IN 46530 �.':.V.O.�Z. S(. .,)so it:lzbciiditi. av RE: Temporary Construction Access Easement Dear Mr. & Mrs. Voros: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on August 25, 2020, approved the above referenced agreement for temporary and permanent construction access and installation of the proposed water main on Prairie Ave. in the amount of $5,000. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR Temporary Easement TEMPORARY CONSTRUCTION ACCESS EASEMENT THIS TEMPORARY CONSTRUCTION ACCESS EASEMENT ("Temporary Easement') is entered into this / C/ day of L, It _ w, 20_ by Christopher J. Voros and Jennifer N. Morse-Voros, Trustees of the Christopher J. Voros and Jennifer N. Morse-Voros Revocable Trust, dated March 21, 2006, whose address is 50533 Dear Ridge Court, Granger, Indiana, 46530 ("Grantor"), and the Civil City of South Bend, Indiana, by and through its Board of Public Works, whose principal place of business is located at 227 W. Jefferson Blvd., South Bend, Indiana 46601-1830, ("Grantee") (collectively the "Parties"). In consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and further consideration of the covenants and agreement set forth below, Grantor hereby sells, conveys, transfers, and delivers to the Grantee its contractors, consultants, subcontractors, subconsultants, suppliers, successors and assigns, a non-exclusive Temporary Construction Access Easement ("Temporary Easement"), for real estate described in Exhibit A. a copy of which is attached and incorporated herein by reference ("Temporary Easement Property"), to facilitate the construction of a water main and other related improvements in the vicinity of the Temporary Easement Property (the "Project"). G--, Sy-7I0, TO WIT: Property near 5810 Magnolia Road Tax Key No. 017-1012-031904 This Temporary Construction Easement is granted for vehicular and pedestrian ingress and egress to and from the Temporary Easement Property and for Grantee's use to do all things reasonably necessary to construct and install the Project including, but not limited to, the transport, stockpiling an storage of construction materials, soil, equipment and vehicles. This Temporary Construction Easement will begin on the date listed above and automatically terminate upon completion of the construction of Grantee's Project and Grantee's restoration of the Temporary Easement Area to the condition it was as prior to Grantee's use. Grantee shall not leave any rubbish or debris on or about the Temporary Easement Property. Grantor warrants that no building, structure, or other above or below ground obstruction that may interfere with the purposes for which this Temporary Construction Easement is granted may be placed, erected, installed or permitted upon the Temporary Easement Property during the term hereof except for existing improvements, if any. The Grantor further agrees that in the event the terms of this Temporary Construction Easement are violated, that such violation shall immediately be corrected by the Grantor at Grantor's sole expense upon receipt of written notice from Grantee Grantor reserves all rights attendant to its ownership of the Temporary Easement Property, including but not limited to the use and enjoyment of the Temporary Easement Property for all purposes not inconsistent with the terms and conditions of this Agreement The Grantor(s) represent(s) that the Grantor(s) is the owner(s) in fee simple of the Real Estate and that there exists no encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any kind or character which would be inconsistent with the permanent rights granted herein. The Easement granted herein is for the benefit of the above -described Grantee, its successors and assigns, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. The terns, covenants and provisions hereof shall be governed by and construed under the applicable laws of the State of Indiana. IN WITNESS WHEREOF, the said Grantor(s) have executed this instrument this /9 day of .....- ._.......� . 2020.. CHRISTOPHER J. VOROS & JENNIFER N. MORSE-VOROS REVOCABLE TRUST Christopher J. Voros, Trustee ........__....................._ w�. IA - Jennifer . Morse-Voros, Trustee STATE OF INDIANA: SS: COUNTY OF ST. JOSEPH: This Instrument was acknowledged before me on the day of l ... ............... ti, bym� authorized signer for the Christopher J. Voros & Jennifer N. Morse-Voros Revocable Trust. L-11.4 - L . . ........................ Mary he JENNIFER LYNN J02WIAK Notary Public - Seal / State of Indiana `uN u1J DZWJA St Joseph County Notary Public (Print/Type Name) My Commission Expires Mar 13, 2022 My Conunission Expires: I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Clara McDaniels This instrument was prepared by Clara McDaniels, Assistant City Attorney, City of South Bend, Indiana, License No. 21264-49, 227 W. Jefferson Blvd., Ste., 1200, South Bend, Indiana 46601- 1830. When signed return to: Clara McDaniels, Assistant City Attorney, City of South Bend, Indiana, 1200 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601-1830. Exhibit A LEGEND E73 PERMA�`,ff NT f ASEMI NT E:1 1 FIMPORARY FASEMEN I It DEED LINE m ff MPORARY EASEMLN 2,42 7 SO. F 0,056 ACITV-Sk Line Table Line # Direction Length 1.1 S44*36'39*E 24.96' L2 S36'57'35'W . .... ..... . . . 65.71- L3 MC36'39"W 17.03' EXHIBIT "All POINT OF COMMENCEMENT NE CDR SE 1/4 SEC 21—T37N—R2E HARRISON MONUMENT FOUND PER GRID NORTH COUNTY SURVEYOR REFERENCE TIES 111" SW (119 017 11yy- '10 F1F,RMANL,r4f EASLALN1 2,783 SQi1 0,064 ACRES:i POINT OF BEGINNING " LIMITED ACCESS R/W LINE PROJ. U-720(10) BOOK 636, PAGE 507 qk� SE CDR SE 1/4 SEC 21—T37N—R2E HARRISON MONUMENT PER COUNTY SURVEYOR REFERENCE TIES Curve Table Curve # Length Radius Delta Chord Direction Chord Length C11 Length Radius 003'03'07" S5442'47*E 42,04' :Thfo =19 not Wormlod to be repe*mted a ontor odq�hd boundary ow"y a route survey, or a Surveyor LocoUGn Report.' DRAWN BY HWC PRAIRIE AVENUE WATER MAIN KKE ENGINEERING PERMANENT EASEMENT CHECKED BY - 135 N. PENNSYLVAMA ST, surm 2900 PT SE 1/4 SEC 2 1 -T37N-R2E z r, DATE MIANAPOLI, %1N 46204 317-347-3663 ST. JOSEPH COUNTY, INDIANA 3/25/2019 m a 0 INDIANAPOLIS - TERRE HAUTE SCALE JPC 1 OF 21 1" - 50' EXHIBIT "All �M W,.�i��l�� A part of the Southeast Quarter of Section 21, Township 37 North, Range 2 East of the Second Principal Meridian, St. Joseph County, Indiana, described as follows: COMMENCING at the Northeast corner of said quarter section, marked by a Harrison Monument; thence South 00 degrees 13 minutes 09 seconds East (grid bearing based upon Indiana State Plane, East Zone, NAD 83) along the east line of said quarter section a distance of 1332.37 feet; thence South 89 degrees 46 minutes 51 seconds West a distance of 625.62 feet to the POINT OF BEGINNING being on the southwesterly limited access right—of—way line of US 31 per Project U-720(10) recorded on March 30, 1963 in Book 636, Page 507 in the Office of the Recorder of St. Joseph County, Indiana; thence South 44 degrees 36 minutes 39 seconds East along said southwesterly limited access right—of—way line a distance of 24.96 feet; thence South 36 degrees 57 minutes 35 seconds West a distance of 65.71 feet; thence North 44 degrees 36 minutes 39 seconds West a distance of 17.03 feet to the west line of the Grantor's land; thence North 00 degrees 16 minutes 04 seconds West along said west line a distance of 82.44 feet to a point on said southwesterly limited access right—of—way line being on a non—tongent curve to the right having a radius of 789.44 feet being subtended by a long chord having a bearing of South 54 degrees 42 minutes 47 seconds East and a chord length of 42.04 feet; thence southeasterly along said curve and along said southwesterly limited access right—of—way line an arc distance of 42.05 feet to the POINT OF BEGINNING, containing 0.064 acres, more or less. As shown on Page 1 of 2. 4e'stoo"' K, tI hhorn Professional Surveyor #21000230 March 25, 2019 ENGINEERING 135 N. PENNSYLVANIA ST, SUITE 2800 INi7IANAPOLIS, IN 46204 117-347-3663 INDIANAPOLIS- TERREHAUTE LAfAYETfE r MUNO E • NCW ALBANY 'This drawing Is not Intended to be represented as a retracennent or original boundary survey, a route survey, or a Surveyor Location Report' DRAWN BY PRAIRIE AVENUE WATER MAIN KKE:1 PERMANENT EASEMENT CHECKED BY � hfGU z n PT SE 1/4 SEC 21-T37N-R2E DATE F, ST. JOSEPH COUNTY, INDIANA 1 3/25/21019 mo N SCALE ' Ww m h WCarrWn60rkr%C0m PG 2 OF 21 N/A LEG ES PERMANENT EASEMENI GRID DNOR114 E IEMPORARY EASEMENT or k�5I111�w --] �a It DEED LINE I" = 50, 'Ws drowlhq fa not Mmdod to be ropwoswtodl as o ralrotWont or odlihol' bowday surwy, a We ww"A w a survoyw Lootlon 9"i�* PRAIRIE AVENUE WATER MAIN HKKK �WC PERMANENT EASEMENT CHECKED BY :2 ENGINEEMNO moi D 1351N,PLNNSYINANIASI',StW]'E2$00 tNDIANAIX)1.18, IN 46204 IT SE 114 SEC 2 1 -T37N-R 2F DATE m a $17-147-3603 ST, JOSEP11 COUNTY, INDIANA 3/25/2019 04 INWANAPOLIS - TERRE HAUTE SCALE AFAYETTF - MUNCtE • NEW At RANY www.hwmwnWmoarin&i,,om V, - 50, Kild Lr_. Permanent Easement Settlement Agreement CONDEMNATION SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into as of "U 2020 ("Effective Date"), by and between Christopher J. Voros & Jennifer N. Morse-Voros Revocable Trust, Christopher J. Voros & Jennifer N. Morse-Voros as Trustees ( hereinafter referred to as the "Voros Trust"), and the City of South Bend, Indiana, by and through its Board of Public Works ( "the City"), each a Party and collectively the Parties. Recitals The Parties desire to enter into this Settlement Agreement in order to avoid litigation and to provide for certain payments to the Voros Trust in full settlement and discharge of all claims which the Voros Trust may have against the City in damages arising from the City's acquisition of a permanent easement and a temporary easement over the following real estate owned by the Voros Trust (the "Property"), as more particularly described and depicted in Exhibit A, incorporated herein by reference: el Property near 5810 Magnolia Road Tax Key No. 017-1012-031904 Agreement The Parties agree as follows: 1.0 Release and Discharge 1.1 In consideration of the payment set forth in Section 2 of this Settlement Agreement, the Voros Trust (including, its representatives, agents, heirs, assigns, and successors) hereby completely releases and forever discharges the City from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses or services, expenses and compensation of any nature whatsoever, which the Voros Trust now has, or which may hereafter accrue or otherwise be acquired, on account of , or may in any way grow out of the circumstances described in Recital above. 1.2 This release and discharge shall also apply to and bind the Voros Trust's past, present, and future officers, employees, trustees, agents, partners, representatives, attorneys, parent and affiliated entities, subsidiaries, divisions, joint ventures, predecessors, successors, beneficiaries, companies, grantees, vendees, transferees, and assigns and any and all related corporations, companies or subdivisions. 1.3 This release and discharge, on the part of the Voros Trust, shall be a fully binding and complete settlement among the Voros Trust and the City, and their representatives, agents, heirs, assigns, and successors. 1.4 The Voros Trust acknowledges and agrees that this release and discharge set forth above is a general release. The Voros Trust expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the Voros Trust does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect The Voros Trust's decision to enter into this Settlement Agreement. The Voros Trust further agrees that The Voros Trust accepts, payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact. The Voros Trust assumes the risk that the facts or law may be other than The Voros Trust believes. It is understood and agreed to by the Parties that this settlement is a compromise of a doubtful and disputed claim, and the payment is not to be construed as an admission of liability on the part of the Parties, by whom liability is expressly denied. 2.0 The Voros Trust's Further Duties and Obligations to the City 2.1 In addition to the execution of this Settlement Agreement, the Voros Trust will promptly execute and deliver to the City permanent and temporary easements, on the forms prepared by the City. 3.0 Payments from the City to the Voros Trust and Further City Duties In consideration for all the terms and conditions of this Agreement, the City will pay the Voros Trust as follows: 3.1 The total sum of Five Thousand Dollars ($5,000.00), of which One Thousand, Five Hundred, Sixty-eight Dollars and Eighteen Cents ($1,568.18) is for the permanent easement and Six Hundred, Eighty-three Dollars and Seventy-nine Cents ($683.79) is for the temporary construction easement acquired by the City. 3.2 The total sum set out in sub -part 3.1 above shall be paid to the Voros Trust in one lump sum payment of Five Thousand Dollars ($5,000.00) within 30 days following the execution of this Settlement Agreement by the Voros Trust's trustees and approval by the City's Board of Public Works, all of which are conditions to this Settlement Agreement, and following the Voros Trust's tender of the signed permanent and temporary easements required by this Settlement Agreement. 3.3 The City agrees to investigate whether the oak tree located on the Property and referenced by the Voros Trustees, inclusive of its root system, is outside of the permanent and temporary easement areas. If the tree, inclusive of its root system, is determined by the City to be outside the permanent and temporary easement areas, the City agrees to use its best efforts to preserve the tree, as requested by the Voros Trust. 4.0 Representation of Comprehension of Document In entering into this Settlement Agreement, the Voros Trust represents that it has fully reviewed this Settlement Agreement, and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by the Voros Trust. 5.0 Warranty of Capacity to Execute Agreement The Voros Trust represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein; that The Voros Trust has the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it; and that The Voros Trust has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 6.0 Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of Indiana. 7.0 Construction of Agreement Both the Voros Trust and the City have entered into this Agreement freely and voluntarily, and none of the Parties shall be deemed to be the drafter of this Agreement. 8.0 Entire Agreement; Amendments to Agreement This Agreement represents the entire understanding of the Parties. Any previous agreements, communications, correspondence, or drafts shall not be employed to construe this Agreement and are not evidence of the Parties' intent in entering this Agreement. Only a writing signed by the Parties may modify this Agreement. 9.0 Additional Documents All Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. 10.0 Severability If any part, term or provision of this Settlement Agreement shall be deemed to be prohibited, invalid, or unenforceable by any applicable law, such a provision shall be replaced by a provision which comes as close as possible to the intended result of the invalid provision, and the economic purpose thereof, and which is valid and enforceable. The invalidity of any part, term or provision of this Settlement Agreement shall not invalidate or affect the remaining parts, terms ot provisions hereof and all such remaining parts, terms and provisions shall remain in full force and effect. 11.0 Non -Admissibility Neither this Settlement Agreement nor any matters relating to the terms or negotiations of this Settlement Agreement shall be admissible in any lawsuit or other proceeding for any purpose other than to establish a term or condition of this Settlement Agreement that one of the Parties purportedly breached or to enjoin or dismiss a lawsuit or other proceeding brought in violation of this Settlement Agreement. 12.0 Counterparts This Settlement Agreement may be executed in counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. The Settlement Agreement is effective as of the date listed above. By their signatures below, the signatories warrant that they have the authority to act on behalf of, and to bind, their principals. CHRISTOPHER J. VOROS & JENNIFER N. MORSE-VOROS REVOCABLE TRUST o �' — I/Yvf- Christopher J. Voros, Trustee f enn fer Morse-Voros, trustee CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member IN 0 0 IN 0 �IIIJ 0Y1-027Y Linda M. Martin, Clerk EXHIBIT "All POINT OF COMMENCEMENT LEGEND NE CDR SE 1/4 PFRMAN1 N I I ASEMEN I SEC 21—T37N—R2E HARRISON MONUMENT FOUND PER I EMPORARY FASE W N T GRID NORTH frd COUNTY SURVEYOR REFERENCE TIES N I D LINE 1 50' fEWPORARY EASEMENT 2,427 Q. FT 0.056 ACRES::I:: Line Table Line # Direction Length —L, S44-36-39-E 24.96- L2 S36-57-35-W 65.71- L3 N44'36-39-W 17.03- L4 N0016'04*W- 0 - 2.44' Curve Table I'LIRMANENI LASE WW 0.,064 AGRES± /POINT OF BEGINNING --SW 11 612 5 6 2' 5 -7 \ — LIMITED ACCESS R/W LINE PROJ. U-720(10) BOOK 636, PAGE 507 SE COR SE 1/4 SEC 21—T37N—R2E HARRISON MONUMENT PER COUNTY SURVEYOR REFERENCE TIES an Curve # Length I Radius I Delta Chord Direction I Chord Length Ci 42.05' 789.44' 003'03'07" S5,C42'47'E 42.04' E TW ]ENGINEMIND 35 N. PENNSYLVANIA ST, SUITE 2800 NDIANAP01,19, IN 46204 117-347-3663 INDIANAPOLIS - TERRE HAUTE F If . IN At 'This drawing Is not Intended to be reprmnted as a refirmarnent ar original boundary survey, a routs survey, or a Surveyor Locatlon Report,' DRAWN BY PRAIRIE AVENUE WATER MAIN KKE PERMANENT EASEMENT CHECKED BY MGj PT SE 1/4 SEC 21-T37N-R2E DATE m z r- ST. JOSEPH COUNTY, INDIANA 3/2$/2019 R SCALE I,, = 50' wwwAmwamnamirpit-mm PG 1 OF 2 EXHIBIT "All A part of the Southeast Quarter of Section 21, Township 37 North, Range 2 East of the Second Principal Meridian, St. Joseph County, Indiana, described as follows: COMMENCING at the Northeast corner of said quarter section, marked by a Harrison Monument; thence South 00 degrees 13 minutes 09 seconds East (grid bearing based upon Indiana State Plane, East Zone, NAD 83) along the east line of said quarter section a distance of 1332.37 feet; thence South 89 degrees 46 minutes 51 seconds West a distance of 625.62 feet to the POINT OF BEGINNING being on the southwesterly limited access right—of—way line of US 31 per Project U-720(10) recorded on March 30, 1963 in Book 636, Page 507 in the Office of the Recorder of St. Joseph County, Indiana; thence South 44 degrees 36 minutes 39 seconds East along said southwesterly limited access right—of—way line a distance of 24.96 feet; thence South 36 degrees 57 minutes 35 seconds West a distance of 65.71 feet; thence North 44 degrees 36 minutes 39 seconds West a distance of 17.03 feet to the west line of the Grantor's land; thence North 00 degrees 16 minutes 04 seconds West along said west line a distance of 82.44 feet to a point on said southwesterly limited access right—of—way line being on a non —tangent curve to the right having a radius of 789.44 feet being subtended by a long chord having a bearing of South 54 degrees 42 minutes 47 seconds East and a chord length of 42.04 feet; thence southeasterly along said curve and along said southwesterly limited access right—of—way line an arc distance of 42,05 feet to the POINT OF BEGINNING, containing 0.064 acres, more or less. As shown on Page 1 of 2. t' ristopher K. Elchhorn Professional Surveyor #21000230 March 25, 2019 'This drawing la not Intended to be represented 4' as a retracemant or original boundary survey, a route surrey, or a Surveyor Location Report.' a 1A'Alt . "w13DRAWN BY .� PRAIRIE AVENUE WATER MAIN KKE w rn PERMANENT EASEMENT CHECKED BY 2 i ENGINEERING Mai 135 N'„ PENNSYLV AMA Sr, SUrrE 2800 PT SE l /4 SEC 21-T37N-R2E DATE z n fTPq'a1A1VAT1 317-347-3663 I[.T4, IN 46204 ST. JOSEPH COUNTY, INDIANA /26/22019 o N INDIANAPOLIS-TERREHAUTE SCAT) v tAfAy"fTg -M N E-M17yALHANY w^wwvpwest N/A AERIAL PHOTO EXHIBIT LEGEND PERMANENT EASEMENT C] TEMPORARY EASFMENT DEED LINE E E M PAR,•• ti g ENOINEERINO R H5 N, PENNSYLVANIA ST, SUITE 2800 " IINDIAiNAPOLIS, IN 46204 1 ,4I7-347-3663 s INDIANAPOLIS TERRE HAUTE s CAFAAti 'E.w $ •NEWMBANY Cr"�I17 t")P'1"I1 I. = 50, 'Thh dawdtwg to not Inlandod to N rapraaa«wtod as a ratroaaarent or oSglaot boundary; aavwm$wa routs surX y, or a SurwaW Wootton It wrt, DRAWN BY PRAIRIE AVENUE WATER MAIN KKE PERMANENT EASEMENT CHECKED BY MGJ PT SE 1/4 SEC 21—T37N—R2E 3/25/2019 ST. JOSEPH COUNTY, INDIANA SCALE sv M.,-aTM ��p a zrrm PG 1-0 F 1 1 " a 50- Resolution No. 18-2020 RESOLUTION NO. 18-2020 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING ACQUISTION OF CERTAIN PROPERTY WHEREAS, Ind. Code § 32-24-1 establishes certain statutory procedures for the acquisition by a municipality of property for public use; and WHEREAS, the City of South Bend Board of Public Works (the "Board) is empowered to carry out acquisition of property pursuant Ind. Code §§ 32-24-1-3(a) and 36-9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and personal property of the City of South Bend ("City"); and WHEREAS, due to the recent development and development interest near the US-31 and Prairie Avenue interchange, the City plans to extend and loop a 12" water main along the south side of Prairie Avenue from east of Mayflower to the existing public water main at the Four Winds Casino site. Water main construction will consist of constructing approximately 6,500 feet of 12" public water main. The project will include jack and bore beneath US 31 (the "Project"); and WHEREAS, in furtherance of the Project, the City has determined that it is in the best interest of the public for the City to acquire certain parcels of property and/or easement interests in certain properties from property owners (the "Properties"); and WHEREAS, the City desires the Board to authorize City staff to perform actions on the Board's behalf to carry out its acquisition of the Properties and/or easement interests in the Properties. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board affirms its approval of the acquisition of the Properties and/or easement interest in the Properties in furtherance of the Project. 2. The Board authorizes David Relos of the City's Department of Community Investment to act on behalf of the Board to distribute payment, accept and present for recordation deeds of the Properties and/or easements associated with the Properties, and execute on the Boards' behalf any document or take on the Board's behalf any action that may be required to carry out the purposes of this Resolution. This Resolution will be in full force and effect upon its adoption. ADOPTED at a virtual meeting of the Board of Public Works of the City of South Bend, Indiana, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. I:Z9RINoZfflw1 w1.3aNUM .71w Gary A. Gilot, President Therese J. Dorau, Member Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: E' Illd GiTaYt#/ Linda M. Martin, Clerk 2 Date 8/4/2020 Department Name Sue Ellen Doudrick Engineering BPW Date 8/11/2020 Phone Extension Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Clara McDaniels Purchasing ❑ Check the Appropriate Item Type —Required or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: M Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Christopher J. Voros and Jennifer N. Morse-Voros Revocable Trust — TEMPORARY AND PERMANENT EASEMENT Yes If Yes, Approved by Purchasing ❑ No El MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No Prairie Avenue Water Main Loop 117-068 TIF Southside Development 41 Fund 430 $5,000 Iumr) sum The easements are needed for construction access and installation of the proposed water main. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: New Combletion Date: Increase % Decrease ( %) Increase % Decrease ( %