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HomeMy WebLinkAboutRight of Entries Memo - Regarding Right-of-Entry Documentation for Riverside Drive Bank Stabilization Project No. 118-005BPage 1 of 1 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Anne Fuchs, Clerk Board of Public Works FROM: Sue Ellen Doudrick, PE SUBJECT: Right of Entries for Project # 118-005B Riverside Drive Bank Stabilization (upcoming bid project) DATE: September 30, 2021 In preparation for construction of the bank stabilization project planned along St. Joseph River east of the Riverside Drive and Hudson Drive. The project includes stabilizing 575 feet of the riverbank that extends up to 40 feet in height. The project has access challenges and requires access thru private properties. The City’s Engineering Division and Legal Team prepared a Right- of-Entry agreement for contractor access throughout the project and the maintenance bond period. Jones Petrie Rafinski (JPR), on behalf of the City, consulted with each of the property owners listed below: Owner Address 1. Essence Neely 1001 Hudson Avenue 2. Susan M. St. Ville & Todd Whitmore 1101 Riverside Drive 3. Paul S. Kochanowski 1111 Riverside Drive 4. Brendan K. & Blanchard Sadie Bridgford 1115 Riverside Drive 5. Martin J. & Jane M. Murphy 1121 Riverside Drive 6. Lloyd H. Jr. & Shelley L. Ketchum* 1129 Riverside Drive 7. Joseph Blenkinsopp & Mildred Jean Porter 1201 Riverside Drive 8. Vlad M. Illuc & Daniel Theodore Burton 1207 Riverside Drive 9. JL Cronk Investment Co. 26626 Evans Drive Notes: *The Dr. and Mrs. Ketchum property was identified as having non-ownership on the east of Riverside Drive. Therefore, there is no Right-of-Entry agreement for this parcel. JPR obtained signed agreements from each of the property owners except one parcel, which was identified as having not been deeded. The City is very appreciative to each of the property owners for their willingness to allow access, and we look forward to protecting this bank from future erosion. The City intends to bid the project this year and will apply for another IDNR LARE grant to support the project. The majority of construction will begin in Fall 2022. Information packets or emails will be sent to each of the above property owners once a contractor has been selected. Enc. Eight (8) right-of-Entry Agreements and one (1) letter identifying non-ownership October 12, 21 October 12, 2021 October 12 21 October 12, 2021 RIGHT OF ENTRY and RIVERBANK STABILIZATION AGREEMENT This Right of Entry and Riverbank Stabilization Agreement (the “Agreement”) is entered into as of , 20 between the City of South Bend, Indiana, by and through its Board of Public Works (the “Grantee”), and Paul S. Kochanowski, (the “Grantor”), the owner of the property located as shown on the attached Exhibit B and described on the attached Exhibit A, each a party and collectively referred to herein as the parties. RECITALS A.The Grantor attests that Grantor is the owner of the real property located as shown on the attached Exhibit B and described on the attached Exhibit A (the “Property”), Tax Identification Number: 71-08-02-205-015.000-026, and as more specifically described on Exhibit A and depicted on Exhibit B, incorporated herein by reference and attachment. B.GRANTEE wishes to stabilize the St. Joseph River riverbank, a portion of which is located on GRANTOR Property, as more particularly depicted on Exhibit B, incorporated herein by reference and attachment. C.GRANTEE wishes to obtain authorization from GRANTOR to enter upon the Property for the purposes of stabilizing the portion of the St. Joseph River riverbank that is located on the Grantor’s Property. NOW THEREFORE, in consideration of the mutual promises contained herein the parties have agreed as follows: AGREEMENT 1.Grant of Right of Entry: The Grantor hereby grants the Grantee, its employees, consultants, contractors, agents and designees permission to enter upon the Property to perform the work as described in the Recitals above and the exhibits (the “Work”). Grantor shall not be responsible for any of the costs of the Work. Grantee shall direct and control all activities pertaining to the Work and shall not impose, at any time, any charge or exaction against Grantor. 2. Assumption of Risk: Grantee enters the Property and performs or causes to be performed the Work at its own risk and subject to whatever hazards or conditions may exist on the Property. October 12 21 the reasonable attorneys’ fees, costs, and expenses incurred in the action of proceeding by the prevailing party. 10.Notices: All notices required or permitted under the terms of this Agreement shall be in writing and sent to: Grantee Grantor City of South Bend Paul S. Kochanowski 227 W. Jefferson Blvd, Suite 1300 1111 Riverside Dr. South Bend, IN 46001 South Bend, IN 46616 Attn: City Engineer 11.Entire Agreement; Severability; Applicable Law: This Agreement constitutes the entire agreement between Grantee and Grantor, and no alteration, amendment or any part thereof shall be affective unless in writing signed by the parties. If any portion of this Agreement is ruled by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 12.Representation of Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 13.Counterparts and Electronic Signature. This Agreement may be executed in counterparts which when taken together shall constitute one fully executed original. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] October 12, 2021 EXHIBIT "A" Riverside Drive Riverbank Stabilization Project Parcel 8 Page 1 of 1 G:\2020 Projects\2020-0311\Parcel Info\Parcel 8\2021-02-22 Exhibit A - Parcel 8.docx Parcel No: 8 Sheet of Job No: Project: Riverbank Stabilization EXHIBIT 'B' PARCEL PLAT Drawn: 2020-0311 DWK Sec: 02 Town: 37 N. Range: 2 E. J O N E S PETRIE RAFINSKI © 2020 JPR - All Rights Reserved Prepared for: City of South Bend Owner: Paul S. Kochanowski Deed Rec.: Key Number: Elkhart, IN p: 574.293.7762 11 8022608 71-08-02-205-015.000-026 Checked: KJJ County: ST JOSEPH South Bend, IN p: 574.232.4388 Fort Wayne, IN p: 260.422.2522 This plat was prepared from information obtained from the recorder's office and other sources which were not necessarily checked by a field survey. Dimensions shown are from listed record documents. October 12 21 October 12, 2021 October 12, 21 October 12, 2021 Ketchum May 11, 2021 Page 2 of 2 August 3, 2021 Lloyd H. (Jr.) & Shelley L. Ketchum 1129 Riverside Dr. South Bend, IN 46616 RE: CITY OF SOUTH BEND - RIVERSIDE DR. RIVERBANK STABILIZATION PROJECT Dear Landowner(s): This letter serves as acknowledgement of the City’s receipt of your notification of non-ownership of Lots 63A and 64B to be included in the City’s Riverside Drive Riverbank Stabilization Project. In light of your claim of non-ownership, you will no longer automatically receive personal notifications and updates about the project. However, as a neighborhood property owner, please feel free to contact our office or the City of South Bend’s Engineering Department should you have any questions. Respectfully Submitted, Kenneth Jones, Jr., PS Vice President & Chief Financial Officer kennethjones@jpr1source.com 574-536-2743 G:\2020 Projects\2020-0311\Parcel Info\Parcel 5\2021-07-29 3rd Contact Letter - Parcel 5.docx October 12, 2021 October 12, 2021 October 12, 21 October 12, 2021 October 12, 21 October 12, 2021 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/30/2021 Name Sue Ellen Doudrick Department Engineering BPW Date 10/12/2021 Phone Extension 5903 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name 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: Right of Entries Ease./Encroach Required Information Company or Vendor Name TBD New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Riverside Drive Bank Stabilization Project Number 118-005B Funding Source n/a Account No. n/a Amount n/a Terms of Contract n/a Purpose/Description Memo to BPW regarding right of entry documentation for the Riverside Drive Bank Stabilization Project. 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: