Loading...
HomeMy WebLinkAboutResolution No 10-2021 - Staff Authorization Resolution Coal Line Trail Acquisition Norfolk Southern Railway Coal Line1 RESOLUTION NO. 10-2021 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN REAL 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, Indiana, Board of Public Works (the “Board”) is empowered to carry out the acquisition of property pursuant to 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 (the “City”); and WHEREAS, the Board, on behalf of the City, entered into a Purchase Agreement with Norfolk Southern Railway Company ("Norfolk Southern") for the purchase of certain property commonly known as the Coal Line, more particularly described on Exhibit A (the "Property"), for the purpose of developing a multi-use trail (the “Project”); and WHEREAS, the City and Norfolk Southern are ready to close the transaction; and WHEREAS, the Board desires to authorize City staff to perform certain actions on the Board’s behalf to complete its acquisition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board reaffirms its approval of the acquisition of the Property in furtherance of the Project. 2. The Board authorizes David Relos or Tim Corcoran of the City’s Department of Community Investment to act on behalf of the Board to distribute payment, accept and present for recordation the deed for the Property, and execute on the Board’s behalf any document or take on the Board’s behalf any action that may be required to complete the acquisition of the Property and carry out the purposes of this Resolution. 3. This Resolution will be in full force and effect upon its adoption. [Signature page follows.] 2 ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held electronically on March 23, 2021, as authorized by Executive Order 20-09 issued by the Governor of the State of Indiana, as subsequently renewed by Executive Orders 20-17, 20-25, 20-30, 20-34, 20-38, 20-41, 20-44, 20-47, 20-49, 20-52, 21-03, and 21-05. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ___________________________ Elizabeth A. Maradik, President ______________________________ Gary A. Gilot, Member _____________________________ Jordan V. Gathers, Member _____________________________ Joseph R. Molnar, Member ATTEST: _____________________________ Anne Fuchs, Clerk 3 EXHIBIT A Property PARCEL 50: A triangular parcel of land described as follows, beginning at the North West corner of South West quarter (1/4) Section Two (2) Township Thirty-seven (37) North, Range Two (2) East; thence South Seventy-one and two-thirds (71 2/3) feet; thence North Easterly to a point Forty-nine (49) feet East of beginning point; thence West Forty-nine (49) feet to beginning. Containing six one-hundredths (6/100) of an acre, and being the same property described in Deed Book 96 Page 608 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL 50A: A strip of land Ninety-nine (99) feet wide running over and across so much of the North West quarter of Section Two (2) Township Thirty-seven (37) North, Range Two (2) East which lies South and West of a highway known as Portage Avenue, the center line of said strip and parcel of land to run as follows, viz: beginning at a point Forty-nine (49) feet East from the South West corner of said North West quarter (1/4); thence running North Thirty-three (33) degrees and Forty-five (45) minutes East of a point one hundred (100) feet distant from the South West line of said Portage Avenue, and being the same property described in Deed Book 102 Page 131 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL 50B: A strip of land for railway purposes Ninety-nine (99) feet wide and Sixty (60) feet in length, being in the North part of Section Two (2) Township Thirty-seven (37) North of Range Two (2) East, the center line running as follows, viz.: The center line of said Ninety-nine (99) foot strip is to run as follows to wit: Beginning at a point in the center line of Portage Avenue Four Hundred Twenty-nine (429) feet and nine (9) inches South Easterly from a stone set near the center of Portage Avenue at the North East corner of the West half (1/2) of the North West quarter (1/4) of said Section Two (2), thence running North Easterly curving toward the East on a radius of Eight Hundred Eighty-two (882) feet until it reaches a point Sixty (60) feet Easterly from the beginning point, and being the same property described in Deed Book 102 Page 133 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL 50C: A part of the North West quarter (1/4) of Section Two (2), Township Thirty-seven (37) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the North East corner of said quarter (1/4) section, said corner being South Eighty- nine (89) degrees Thirty-three (33) minutes Fifty-five (55) seconds West Two Thousand Six Hundred Eleven and Twenty-seven hundredths (2,611.27) feet from the North East corner of said section, which point is on the North boundary of the abandoned right-of-way of the former Indiana, Illinois and Iowa Railway Company described in Book 102 Page 129 in the Office of the Recorder of St. Joseph County, Indiana; thence South Eighty-nine (89) degrees Forty-two (42) minutes Nine (9) seconds West Three Hundred Forty-three and Sixty-nine hundredths (343.69) feet along the North line of said section and along said abandoned right-of-way; thence along said abandoned right-of-way South Westerly One Hundred Eighty-seven and Fifty-eight hundredths (187.58) feet along an arc to the left and having a radius of Nine Hundred Thirty-one and Fifty hundredths (931.50) feet and subtended by a long chord having a bearing of South Eighty-three (83) degrees Fifty-five (55) minutes Thirty-nine (39) seconds West and a length of One Hundred Eighty-seven and Forty-six hundredths (187.46) feet to the point of beginning of this description; thence South 4 Seventeen (17) degrees Forty-four (44) minutes Twenty-seven (27) seconds East Ninety-nine and Fifty-nine hundredths (99.59) feet to the Southern boundary of said abandoned right-of-way; thence along said Southern boundary South Westerly Four Hundred Eighty-five and Ninety-nine hundredths (485.99) feet along an arc to the left and having a radius of Eight Hundred Thirty-two and Fifty hundredths (832.50) feet and subtended by a long chord having a bearing of South Sixty- two (62) degrees Seven (7) minutes Fifty-seven (57) seconds West and a length of Four Hundred Seventy-nine and twelve hundredths (479.12) feet to the North Eastern line of the tract of land described in Deed Book 102 Page 133 in the Office of the Recorder of St. Joseph County, Indiana; thence North Thirty-eight (38) degrees Forty-nine (49) minutes Fifty-three (53) seconds West Ninety-nine and Forty-five hundredths (99.45) feet along said North Eastern line to the Northern boundary of said abandoned right-of-way; thence along said Northern boundary North Easterly Five Hundred Twenty-two and Thirty-six hundredths (522.36) feet along an arc to the right and having a radius of Nine Hundred Thirty-one and Fifty hundredths (931.50) feet and subtended by a long chord having a bearing of North Sixty-two (62) degrees Five (5) minutes Fifteen (15) seconds East and a length of Five Hundred Fifteen and Fifty-five hundredths (515.55) feet to the point of beginning and containing One and One Hundred Forty-six thousandths (1.146) acres, more or less. PARCEL 51: A strip of land One hundred (100) feet wide over and across the North West part of the North East quarter (1/4) lying East of the St. Joseph River, of Section Two (2) Township Thirty-seven (37) North Range Two (2) East. Said strip of land to be Fifty (50) feet wide on each side of the center line thereof, which center line enters the land hereinbefore described on the East bank of the St. Joseph River, at a point Forty-eight (48) feet South of the North line of said Section Two (2) Township and Range aforesaid; and thence runs East parallel with and adjoining said North section line to a point One Thousand One Hundred Twenty-two (1122) feet West of the North East corner of said Section Two (2), in said Township and Range. The length of said line to be One Thousand Eighteen (1,018) feet, and said strip to include Two and Thirty-three hundredths (2.33) acres of land, being the same property described in Deed Book 102 Page 127 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL 51A: A part of the South East Quarter of Section Thirty-five (35), Township Thirty-eight (38) North, Range Two (2) East, St. Joseph County, Indiana, described as follows: Commencing at the South East corner of said section; thence South Eighty-nine (89) degrees Thirty-three (33) minutes Fifty-five (55) seconds West Nine Hundred Forty-two and Forty-three hundredths (942.43) feet along the South line of said section to the South Eastern right-of-way of the former Michigan Air Line Railway Company described in Deed Book 96 Page 609 in the Office of the Recorder of St. Joseph County, Indiana and the point of beginning of this description: thence continuing South Eighty-nine (89) degrees Thirty-three (33) minutes Fifty-five (55) seconds West Four Hundred Eighteen and Thirty-three hundredths (418.33) feet along said South line to the North Western right-of-way of said former Michigan Air Line Railway Company; thence along said right-of-way North Easterly Three Hundred Seventy-nine and Thirty-five hundredths (379.35) feet along an arc to the left and having a radius of Eight Hundred Twenty- five (825) feet and subtended by a long chord having a bearing of North Seventy-six (76) degrees Twenty-three (23) minutes Thirty-two (32) seconds East and a length of Three Hundred Seventy- six and two hundredths (376.02) feet; thence North Ninety (90) degrees Zero (0) minutes Zero (0) seconds East One Hundred Eighty-seven and Ninety hundredths (187.90) feet to the South Eastern 5 right-of-way of said former Michigan Air Line Railway Company; thence along said right-of-way South Westerly One Hundred Fifty-nine and Ninety-two hundredths (159.92) feet along an arc to the right and having a radius of Nine Hundred Twenty-five (925) feet and subtended by a long chord having a bearing of South Fifty-seven (57) degrees Forty-three (43) minutes Twenty-seven (27) seconds West and a length of One Hundred Fifty-nine and Seventy-two hundredths (159.72) feet to the point of beginning and containing Four Hundred Seventy-nine thousandths (0.479) acres, more or less. INTER-OFFICE MEMORANDUM Department of Law City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Anne Fuchs, Clara McDaniels FROM: Sandra Kennedy, Assistant City Attorney SUBJECT: Resolution No. 10-2021 DATE: March 17, 2021 Members of the Board, Ms. Fuchs, and Ms. McDaniels: As you are aware, the City has been planning a multi-use trail over the abandoned railway line that formerly brought coal to the University of Notre Dame campus. In December 2020, the Board authorized the execution of a Settlement Agreement, allowing the City to acquire the approximately 10.48 acres plus an abandoned railroad bridge over the St. Joseph River owned by Norfolk Southern Railway Company ("NSRC") for a purchase price of $600,000. The parties entered into a separate Real Estate Purchase Agreement ("REPA") in March 2021 for the purchase of the Property with an effective date of December 31, 2020. The conditions precedent in the REPA have been satisfied, and NSRC and the City would like to close the transaction. To effectuate the closing, the City requests that the Board authorize David Relos and Tim Corcoran of the City's Department of Community Investment to act on behalf of the Board to execute documents ancillary to closing, such as the closing statement, sales disclosure form, and other such documents; accept the deed and present it for recording; and authorize the release to NSRC of the purchase price, which is currently being held in escrow by Meridian Title. Thank you. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date March 17, 2021 Name Sandra Kennedy/David Relos Department Legal/DCI BPW Date March 23, 2021 Phone Extension 9241 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name McDaniels Dept. Attorney Attorney Name Kennedy Purchasing Check the Appropriate Item Type – Required for 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: Ease./Encroach Required Information Company or Vendor Name Norfolk Southern Railway Company New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name PROJ00000018: Coal Line Trail Project Number 443001 Funding Source Account No. Amount Terms of Contract Purpose/Description Resolution authorizing certain DCI staff to sign documents related to closing the acquisition of the Coal Line Trail from Norfolk Southern. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: