HomeMy WebLinkAboutResolution No 08-2022 - Authorizing Acquisition of Property for East Bank Trail ProjectINTER-OFFICE MEMORANDUM
Department of Law
City of South Bend 227 W Jefferson Blvd
TO:
FROM:
SUBJECT:
DATE:
Board of Public Works, Theresa Heffner, Clara McDaniels
Sandra Kennedy, Corporation Counsel
Resolution 08-2022 – Authorizing Acquisition of
Property February 11, 2022
Members of the Board, Ms. Heffner, and Ms. McDaniels:
As you may know, the City, through the Board, is acquiring properties on the East Bank Trail in
which it currently has an easement interest. The acquisition will allow the City better
maintenance access to the property, as well as to control erosion along the riverbank. Further,
it better protects and preserves the riverfront for public use.
The City’s Department of Law, on behalf of the Board, filed a condemnation action against
property along the Emporium building in order to address safety concerns at and under the
Jefferson Boulevard Bridge. The court appointed appraisers valued the damages to the
Emporium property due to this taking at $136,000, and the court has issued an order requiring
the City to pay this amount. Further, the fees for the court ordered appraisal totaled $55,800,
and the court has also ordered the City to pay these fees.
We are requesting that the Board of Public Works authorize the staff of City’s Legal Department
to effectuate the payment of the $136,000 damages amount and the appraisers’ fees. We also
are asking that the Board authorize Andrew Netter of the City’s Department of Community
Investment to perform or cause the performance of any action necessary to secure a deed or
other document of transfer to the property.
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RESOLUTION NO. 08-2022
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 City’s Department of Law, as authorized by and on behalf of the Board,
commenced a condemnation action against 121 River Race LLC ("Property Owner") for the
acquisition of certain riverfront property for the improvement of the City’s multi-use trail,
commonly known as the East Bank Trail (the “Project”), more particularly described on Exhibit
A and depicted on Exhibit B (the "Property); and
WHEREAS, as a part of the court proceedings, appraisers were appointed and determined
the value of the Property at One Hundred Thirty-Six Thousand Dollars ($136,000), including
damages to the Property Owner as a result of the taking (the “Appraisal Amount”); and
WHEREAS, the court issued an order on December 10, 2021, requiring the City to pay the
Appraisal Amount plus the appraisal fees of Fifty-Five Thousand Eight Hundred Dollars
($55,800); 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, including but not limited to paying the
Appraisal Amount and associated fees.
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 any member of the City’s Department of Law to act on its
behalf to distribute payment of the Appraisal Amount and the associated fees.
3. The Board further authorizes Andrew Netter of the City’s Department of
Community Investment to accept and present for recordation the deed or other document of
transfer 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.
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3. This Resolution will be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana,
held electronically on February 22, 2022, as authorized by Executive Order 20-09 issued by the
Governor of the State of Indiana, as subsequently renewed.
February 22, 2022
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EXHIBIT A
Property
A parcel located in the Northeast Quarter of Section 12, Township 37 North, Range 2 East, City
of South Bend, Portage Township, St. Joseph County, Indiana, also being a part of said Lots 1, 2,
3, 4 and 5 of the Recorded Plat of Ed Neddo's Subdivision of Lot One (1) of William C. Heck's
Addition to the City of South Bend, being more particularly described as follows:
Commencing at the Southeast corner of said Lot 1; thence South 89°39'19" West along the South
line of said Lot 1, 77.69 feet to the point of beginning; thence continuing South 89°39'19" West
along the South line of said Lot 1, 53.96 feet to the East Bank of the St. Joseph River; thence the
next four (4) courses along the East Bank of the St. Joseph River: (1) North 32°40'06", 25.02 feet;
(2) North 36°14'20" West, 64.04 feet; (3) North 27°01'53" West, 37.40 feet; (4) North 11°52'12"
West, 6.48 feet to a point on the Northerly line of said Lot 5; thence North 78°42'53" East along
the Northerly line of said Lot 5, 10.41 feet; thence South 13°00'04" East, 4.81 feet; thence South
32°24'32" East, 17.69 feet; thence South 15°31'56" East, 10.44 feet; thence South 26°02'35" East,
7.41 feet; thence South 37°36'48" East, 48.31 feet; thence South 32°10'38" East, 20.10 feet; thence
South 39°56'26" East, 9.64 feet; thence North 89°20'29" East, 42.82 feet; thence South 00°31'44"
East, 13.02 feet; thence North 89°28'16" East, 7.50 feet; thence South 00°31'44" East, 2.63 feet to
the point of beginning; said parcel containing 2,058 square feet, more or less, and subject to
easements, covenants, and rights of way of record.
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EXHIBIT B
Map of Property
[See Attached]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/11/2022
Name Sandra Kennedy/Tim Corcoran Department Legal/DCI
BPW Date February 22, 2022 Phone Extension Ext. 9241
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 Sandra 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 St. Joseph County Circuit Court
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Seitz Park Reconstruction Phase II
Project Number 117-093B
Funding Source TIF – REDA
Account No. 408-10-101-120-441000 (damages) 408-10-101-130-431005 (fees)
Amount $136,000 + $55,800 = $191,800
Terms of Contract
Purpose/Description Resolution authorizing payment for acquisition of property through
condemnation proceedings.
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