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Home My WebLink AboutPartial Easement Agreement - Reduction in Size of Utility Easment on SE Corby & SB Ave. - Five Corners, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 10, 2020 Mr. Charles S. Hayes Five Corners, LLC 814 Marietta St. South Bend, IN 46601 jpk7.diamonds RE: Partial Easement Agreement Dear Mr. Hayes: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 10, 2020, approved the above referenced agreement for the release of the Northern 10' of the existing utility easement on the vacated Corby Blvd. for development at the Southeast corner of Corby Blvd. and South Bend Ave. Enclosed please End 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 Inter -Office Memorandum DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Board of Public Works FROM: Charlotte Brach SUBJECT: Five Corners, LLC Development DP20-002 DATE: October 21, 2020 The Engineering Division has been working with Five Corners LLC on a proposed development at the Southeast corner of the intersection of Corby and South Bend Avenue. As part of the preliminary design work, the designer has requested a partial release of an existing utility easement. Currently, the site is an approximately 1.63-acre vacant lot. An easement shown in the attached exhibit encumbers the proposed Five Corners, LLC development. The easement is a 80' wide public utility easement. The easement is situated along vacated Corby Blvd. Existing City of South Bend storm sewer, sanitary sewer, and water facilities exist within the easement. Danch Harner & Associates is requesting release of the northern 10' of the easement to accommodate the proposed development. The remaining easement will provide adequate space for maintenance of these existing public utilities. Engineering recommends this partial release of easement. We deliver services that empower everyone to thrive. Excellence • Accountability ♦ Innovation ♦ Inclusion • Empowerment PARTIAL RELEASE OIL UTILITY EASEMENT THIS INDENTURE WITNESSETH that on November 10, 2020, the City of South Bend, Indiana, by and through its Board of Public Works (the "City"), hereby releases and abandons any rights it has to the northern ten feet (I0') of a certain "Reserved Utility Easement", as shown on the map attached hereto as Exhibit A and described more particularly on Exhibit B; and: WHEREAS, the Reserved Utility Easement was reserved for public utilities; and WHEREAS, the owner of the abutting undeveloped land desires to develop the relinquished property to a higher and better use; and WHEREAS, the Department of Public Works has investigated the site and determined that, currently, the northern ten feet (10') of the easement is not needed for maintenance of the existing water and sewer utilities within the easement; the remaining seventy feet (70') will be sufficient; and, further, there is no foreseeable need for this portion of the easement to support or expand those utilities. NOW, THEREFORE, the City hereby releases the northern ten feet (10') of the reserved easement and all the rights thereunder, with the intent that those rights may be forever extinguished. [Signature page follows.] IN WITNESS WHEREOF, the City has executed this Partial Release of Easement this 10th day of November 2020. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese J, Dorau, Member Y IA Elizabeth A. Maradik, Member Jordan V. Gathers, Member y ATTEST: �in�la C{1m7iir .ioseph R. Molnar, Member Linda M. Martin, Clerk STATE OF INDIANA MIN ST. JOSEPH COUNTY L-AiA (Printed Name) Date: November 10, 2020 Before me, the undersigned, a Notary Public in and for St. Joseph County, Indiana, personally appeared 6(k r 4.6. i C't EhUd2eRa A , FilaW l c V- e • , known by me to be members of the City of gouth Bond, Indiana Board of Public Works, and acknowledged they executed this Partial Release of Easement as their voluntary act or deed. Additionally, - being known to me to be the person whose name is subscribed as a witness to the foregoing instniment, personally appeared and stated that he or she is not a party to the transaction described in the foregoing instrument and will not receive any interest in or proceeds from the property that is the subject of the transaction. WITNESS my hand and Notarial Seal this lb 44i dayply a , 2020. jr LORY L TIMMF-R mom . �= 5t JoseQh County � My Commission s=xpires L. �#�PI�Notary Public Septernher23, 2025 A resi t of St. Joseph County, IN My Commission Expires on: This instrument was prepared by Sandra L. Kennedy, Assistant City Attorney, 1200 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. I affirm, under the penalties for perjury, t I have taken r asonabl re to redact each Social Security number in this document, unless required by law. uh& Si taturej Exhibit A Map Indicating Area of Partial Release of Utility Easement (see attached) SURVEY PREPARED FOR: CHARLES HAYES SURVEY DATED: 2/10/20 FILE M; 190211 BOUNDARY/TOPOGRAPHICAL SURVEY PART OF THE SOUTHWEST, AND THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, IND", gjt�jso. � I �l4{war uF E' rrai� I I 6svd• arr � I I Exhibit B Legal Description The northern ten feet (10') of an easement having a width of eighty feet (80') along Vacated Corby Blvd, within a tract of land known as `Bergan's Replat", as shown on street vacation recorded at St. Joseph County on January 8, 2020 (Vacation Ordinance #10554-17), affecting the southern portions of Lots 8, 9, 10, and 11 of Bergan's Replat of Lots 3-4 & 4 of Listenburger's 1 st Addition to South Bend. Affected Parcel Nos. 018-5094-3322 018-5094-3323 018-5094-3324 018-5094-3325 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/22/2020 Department Name Charlotte Brach En ineerin BPW Date 11/10/2020 Phone Extension 9246 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Sandra Kennedy Purchasing ❑ Check the Appropriate Item Type — Re nired 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 ® Other: Partial Easement ❑ Ease./Encroach Information Company or Vendor Name Five Comers, LLC New Vendor ❑ Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ❑ Nos Project Name Five Corners, LLC Development Project Number DP20-002 Funding Source NA Account No. NA Amount NA Terms of Contract NA Purpose/Description Reduction in the size of an existing utility easement to accommodate development of the property on the SE corner of Corby and South Bend Avenue by Five Corners, LLC For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase Decrease