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Community & Economic Development *.))
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission, Board of Public Works
From: Bill Schalliol
Subject: Resolution 31 5 an Amendment 41 to the Addendum To Master Agency Agreement
Ireland Road Right Of Way Acquisition Services — Supplement #1
Date: March 6, 2013
Attached to this memorandum is Resolution 3125 and Amendment #1 to the Addendum To Master Agency Agreement
for the Ireland Road Right Of Way Acquisition Services Project. Over the past several years, the City of South Bend has
made plans to improve traffic circulation and pedestrian accessibility within the Erskine Hills Shopping District / Ireland
Road Corridor. In the fall of 2012, the Commission approved the original addendum to target 5 right -of -way (ROW)
acquisitions to allow for planned ROW improvements on Ireland and Miami. The ROW targets were at the intersection
of Ireland and High, along the east side of Miami at the Broadmoor Plaza, and at the northwest corner of Ireland and
Fellows. A list of all of the properties and map is attached as Exhibit B in the Amendment document.
The first property ready to be acquired is a portion of the northwest corner of Ireland and Fellows. The acquisition of
both permanent and temporary ROW allows for the following:
1. Readjustment of the Ireland Rd ROW /Property line to a point from the centerline to a point immediately
adjacent to the existing sidewalk. By shifting the ROW /Property line, Ireland Road and the Ireland Road
sidewalk will be located within dedicated public ROW instead of being located on prescriptive ROW.
2. Allows for the erection of the new signal pole within public ROW. The State of Indiana, as part of its Fellows
Street improvement project south of Ireland, will be modifying the intersection and the State is paying to
relocate the existing signal pole and replace it with a new signal pole to accommodate the modified
intersection.
3. Allows for the new permanent and temporary ROW needed to facilitate the City's proposed improvements on
Fellows Street north of the intersection.
The cost of the final settlement with the property owner of 411 E Ireland is $17,236.00 for the purchase of all
permanent and temporary ROW. A copy of the purchase documentation is attached as Exhibit C in the Amendment
document.
Staff requests approval of Resolution 3125 and Amendment #1 to the Addendum To Master Agency Agreement for the
Ireland Road Right Of Way Acquisition Services Project-
What We Do Today Makes A Difference!
RESOLUTION NO. 3125
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Ireland Road Right Of Way Acquisition Services - Supplement #1)
(3072 -12)
WHEREAS, effective January 1, 2013, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2013; and
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Ireland Road Right Of Way Acquisition Services to the Master Agency Agreement by
way of an Addendum on September 25, 2012; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement (Ireland Road Right Of Way Acquisition
Services - Supplement #1) and hereby authorizes its execution in substantially the form
attached hereto with such changes as the Commission may deem necessary or appropriate
upon the advice of counsel, said execution thereof to be conclusive evidence of the
Commission's approval of such changes. The Clerk is hereby directed to file a copy of
this Amendment to the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Commission staff members are authorized to execute on behalf of
the Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
March 14, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Ireland Road Right Of Way Acquisition Services - Supplement #1)
(3072 -12; 3125 -13)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 26th day of March, 2013, by and
between the South Bend Department of Redevelopment, acting by and through its
Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a
municipal corporation duly organized and existing pursuant to the laws of the State of
Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of
the Commission designating the BPW to act as the Commission's agent to undertake the
Ireland Road Right Of Way Acquisition Services - Supplement #1 (the "Project").
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2013; and
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the (Ireland Road Right Of Way Acquisition Services to the Master Agency Agreement
by way of an Addendum on September 25, 2012; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being originally described in "Exhibit A ", and a list of properties to be acquired as
described in "Exhibit B ", and now amended as described in "Exhibit B ", attached hereto
and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
(Signature Page Follows)
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Don Inks, Member
Kathryn Roos, Member
Mark Neal, Member
Michael Mecham, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
IRELAND ROAD RIGHT OF WAY ACQUISITION
See attached proposal from DLZ Indiana, LLC dated September 2012
Approved by the Board of Public Works on September 25, 2012
Exhibit `B"
Ireland Road Right Of Way Acquisition
List of Properties to be Acquired
Parcel I
Broadmoor Shopping Center Parcel
East side of Miami, North of Ireland
Parcel 2
JR Fox Jewelers Parcel
East side of Miami, North of Ireland
Parcel 4
Fitness USA Parcel
SE corner of High and Ireland
Parcel 5
Mutual Bank Parcel
SW corner of High and Ireland
Parcel 6
Graber Group Parcel
NW corner of Fellows and Ireland
EXHIBIT "A"
Project: Ireland Road Corridor
Parcel: 1 Right -of -Way Acquisition
Sheet I of I
Apart of the Southwest Quarter of the Northwest Quarter of Section 30, Township 37 North, Range
3 East, St. Joseph County, Indiana, and being that part of the grantors' land lying within the right of
way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B ", described as
follows:
Commencing at the northwest comer of Lot A as shown on the Revised Plat of Broadmoor Third
Section, an addition to the City of South Bend, Indiana, as recorded in Plat Book 19, Page B -I 1 in
the Office of the Recorder, St. Joseph County, Indiana; thence South 0 degrees 13 minutes 04
seconds East 150.86 feet along the west line of Lot A and also being the east boundary of Miami
Street to the point of beginning of this description; thence South 17 degrees 23 minutes 58 seconds
East 26.79 feet; thence South 0 degrees 40 minutes 49 seconds East 154.68 feet to the south line of
the grantors' land; thence South 89 degrees 41 minutes 34 seconds West 9.16 feet along said south
line to the east boundary of Miami Street; thence North 0 degrees 13 minutes 04 seconds West
180.28 feet along said east boundary to the point of beginning and containing 1,422 square feet, more
or less.
Reference Document: WD 0559887
This description was written from the information obtained from the St. Joseph County
Recorder's Office and other sources that were not necessarily checked by a field
survey.
Prepared for: The City of South Bend
By: Jeffrey S. Barnes, PLS 1613 61111912011
Firm: Wightman Petrie, Inc.
Date: March 21, 2011
Job Number: 2009 -5083
GQ009 P:ojec1s12009- 50$31SUR\RW Eng%FCL nParcel 1 Exhibit A.dm
Sheet 1 of 1
Parcel No: 1 Right —of —Way Parcel Plat code: NA
Des. No.: NA rr u
Project: NA Exhibit B Drawn: mdc
Road: Ireland Road Corridor Prepared for: City of South Bend Checked: 5S
Sec: 30 Town: 37N Range: 3E Owner: Inland —Sou South Bend B oY / /y� 7yi
I
® Broadmoor, LLC County, St. Joseph
Notched area is Deed Rec.; 0559887
approximate acquisition.
This plot was prepared from information obtalned from the recorder's office and other sources which
were not necessarily checked by a field surrey. Dimensions shown are from listed record documents.
r%1
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Alpine Drive
Revised Plc; of
Broadmoor 3rd Add.
Pet B'r.. 19. Pg. B -1,
�P
of Vo
aeon
P�
Ireland Road
( In Feet )
1 inch = 50 ft.
1✓XIMIT "A"
Project: Ireland Road Corridor
Parcel: 2 Right -of -Way Acquisition
Sheet I of 1
Apart ofthe Southwest Quarter of the Northwest Quarter of Section 30, Township 37 North, Range
3 East, St. Joseph County, Indiana, and being that part of the grantors' land lying within the right of
way lines depicted on the attached Right of Way Parcel Plat, marked EXHIBIT "B ", described as
follows:
Commencing at the northwest corner of Lot A as shown on the Revised Plat of Broadmoor Third
Section, an addition to the City of South Bend, Indiana, as recorded in Plat Book 19, Page B -I 1 in
the Office of the Recorder, St. Joseph County, Indiana; thence South 0 degrees 13 minutes 04
seconds East 331.14 feet along the west line of Lot A and also being the east boundary of Miami
Street to the point of beginning of this description; thence North 89 degrees 41 minutes 34 seconds
East 9.16 feet along the north line of the grantors' land; thence South 0 degrees 40 minutes 49
seconds East 0.53 feet; thence South 10 degrees 07 minutes 15 seconds West 51.07 feet to the east
boundary of Miami Street; thence North 0 degrees 13 minutes 04 seconds West 50.76 feet along said
east boundary to the place of beginning and containing 23 5 square feet, more or less.
Reference Document: WD 0640808
This description was written from the information obtained from the St. Joseph County
Recorder's Office and other sources that were not necessarily checked by a field
survey.
Prepared for: The City of South Bend
By: Jeffrey S. Barnes, PLS TSB 0111NI :o,t
Firm: Wightman Petrie, Inc.
Date: March 21, 2011
Job Number: 2009.5083
G:UO09 ProjeciA2009508TSUPURN Eng%PCL 2V'ercel 2 Exhibit A. dm
Sheet 1 of 1
Parcel No: 2 Right —of —Way Parcel Plat Code: NA
Des. No.: NA rr n
Project: NA Exhibit B
Road: Ireland Road Corrldor Prepared for City of South Bend Drawn: mdc
Sec: 30 Town: 37N Range: 3E Owner: Ireland Realty, LLC Checked: St. osephz>ir
County. St. Joseph
® Hatched area is Deed Rec.: 0640808
approximate acquisition.
This plot was prepared from Information obtained from the recorder's office and other sources which
were not necessorlly checked by o field survey. Dimensions shown ore from listed record documents.
0
E
0
Alpine Drive
70'
Ireland Road Graphic Scam
a 20 10 so
( in Feet )
1 inch = 40 ft.
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 4 Right -of -Way Acquisition
A part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part ofthe grantors' land
lying within the right of way lines depicted on the attached Right of Way Parcel Plat,
marked EXHIBIT `B ", described as follows:
Commencing at the northeast comer of the southeast quarter of said Section; thence
South 88 degrees 16 minutes 51 seconds West 925.33 feet (954.3 feet per QCD
9630157) along the East -West centerline of said Section to the northeast comer of the
grantors' land and also being the point of beginning of this description; thence South 0
degrees 21 minutes 00 seconds East 40.01 feet along the east line of the grantors' land;
thence South 88 degrees 16 minutes 51 seconds West 224.68 feet; thence South 0 degrees
24 minutes 16 seconds East 40.40 feet; thence South 20 degrees 40 minutes 12 seconds
West 42.80 feet to the east boundary of High Street; thence North 0 degrees 21 minutes 00
seconds West 119.99 feet to the East -West centerline of said Section; thence North 88
degrees 16 minutes 51 seconds East 240.00 feet to the point of beginning and containing
10,523 square feet, more or less, inclusive of the presently existing right of way, which
contains 5,352 square feet, more or less.
Reference Document; QCD 9630157
This description was written from the information obtained from the St. Joseph
Recorder's Office and other sources that were not necessarily checked by a field
survey.
Prepared for:
City of South Bend
By:
Jeffrey S. Barnes, PLS T60 0411114411
Firm:
Wightman Petrie, Inc.
Date:
March 21, 2011
Job Number:
2009 -5083
G:12009 Projeds12009- 50USUMRW Eng1PCL 41Prucel4 Exhibit A. dm
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Parcel No: 4 Right —of —Way Parcel Plat Code: NA
Des. No.: NA
Project: NA Exhibit "B "-
Road: Ireland Rood Corridor Prepared for: City of South Bend Drown: mdc
Sec: 25 Town: 37N Range: 2E Owner: Notional Credit Corp. Checked: ?56 eY�ry /you
of Eastern MI County. St. Joseph
® approximate area is Deed Rec.: 9630157
approximate acquisition,
This plat was prepared from information obtained from the recorders office and other sources which
were not necessarily checked by a field survey. Dimensions shown are from listed record documents.
Ireland Road
240.7' _ �/_ 954.3'(sic)
I\ NE comer SE 1/4
Sec. 25— T37N —R2E
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v�25'x25'
!� Nan— Exclusive
\ Esmt.
N1— 0161111row-"Me
IW7!M
(In Feet)
1 inch = 60 ft.
240.
N
C
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 5 Right -of -Way Acquisition
A part of the Northeast Quarter of the Southeast Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right of way lines depicted on the attached Right of Way Parcel Plat,
marked EXHIBIT "B ", described as follows:
Commencing at the northeast comer ofthe southeast quarter of said Section; thence South
88 degrees 16 minutes 51 seconds West 1,22535 feet (1,225 feet from Warranty Deed
0322832) along the East -West centerline of said Section to the northeast corner of the
grantors' land and being the point of beginning of this description; thence South 0 degrees
21 minutes 00 seconds East 53.39 feet; thence North 69 degrees 17 minutes 10 seconds
West 61.25 feet; thence South 86 degrees 16 minutes 51 seconds West 60.11 feet to the
west line ofthe grantors' land; thence North 0 degrees 21 minutes 00 seconds West 30.01
feet along the west line of the grantors' land to the East -West centerline of Section 25;
thence North 88 degrees 16 minutes 51 seconds East 117.28 feel along said East -West
Section line to the point of beginning and containing 4,187 square feet, more or less,
inclusive of the presently existing right of way, which contains 1 ,902 square feet, more or
less.
Reference Document: WD 0322832
This description was written from the information obtained from the St. Joseph County
Recorder's Office and other sources that were not necessarily checked by a field
survey.
Prepared for: The City of South Bend
By: Jeffrey S. Barnes, PLS Sb3 04't4 /W"
Firm: Wightman Petrie, Ina.
Date: March 21, 2011
Job Number: 2009 -5083
G:12009 Prolems\2009- 50831SUR\RW DiZTCL STmel5 ErhibilA.doc
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Sheet 1 of 1
Parcel No: 5 Right —of —Way Parcel Plot
Des. No.: NA tr �t Code: NA
Project: NA Exhibit B
Road: Ireland Rood Corridor prepared for: City of South Bend Drawn: mdc
Sec: 25 Town: 37N Range: 2E Checked: nG ny�fy��rf
Owner; Mishawaka Federal Bank County. St. Joseph
Hatched area is Deed Rec.: 0322832
approximate acquisition.
This plot 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.
Ireland Road
/•--�— _ 1,225' (sic)
117.25' NE corner SE
Sec. 25— T37N —R2E
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( in Feet )
1 Inch = 50 ft.
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412 South Lafayette Blvd.
South Bend, IN 46601 SURVEYING ENGINEERING u
p: 574.232.4388 ENVIRONMENTAL m
WIGHTMAN ETRIE L 574.232.4333 LANDSCAPE ARCHITECTURE w
Parcel 6
�R I CITY OF SOUTH BEND
pEV 11. MOFITYo 'Y -
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CHRISTOPHER 8. BURRS CNOWEERK -.4C
i.L Ym: tah P.wue. Ue >:00 .�eu�n 4..... mhnt ymt I:'tlitl.'LJI
FELLOW STREET
CORRIDOR IMPROVEMENTS
PROPERTY LINE EXHIBIT (EXISTING
PYHI IT t
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Exhibit "C"
IRELAND ROAD RIGHT OF WAY ACQUISITION — SUPPLEMENT #1
Uniform Property Acquisition Offer for 411 E Ireland Road
;Olk
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UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
PROJECT: 102 -006
PARCEL: 7/7A CODE: N/A
ROAD: Fellows Street/Ireland Road
COUNTY: St. Joseph
TO: The Graber Group, L.P.
411 E. Ireland Road
South Bend, IN 46614
The South Bend Board of Public Works is authorized by Indiana law to obtain your property
and/or an easement across your property, for certain public purposes. The South Bend Board of Public
Works needs your property and /or an easement across your property for a public highway improvement
known as Fellows Street and Ireland Road Intersection Improvements and needs to take the property as
described on the attached legal descriptions.
It is our opinion that the fair market value of the property we want to acquire from you is
$20.963.00 and, therefore, the South Bend Board of Public Works offers you $20,963.00 for the above
described property. You have thirty (30) days from this date to accept or reject this offer. If you accept
this offer, you may expect payment in full within ninety (90) days after signing the documents accepting
this offer and executing the deed, grant and/or easement, and provided there are no difficulties in clearing
liens or other problems with title to the land. Possession will be required thirty (30) days after you have
received your payment in full.
Page 2
Project: 102 -006 Parcel: 7/7A
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:
1. By law, the South Bend Board of Public Works is required to make a good faith effort to
purchase your property.
2. You do not have to accept this offer and the South Bend Board of Public Works is not required to
agree to your demands.
3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition
of your property, the South Bend Board of Public Works has the right to file suit to condemn,
and acquire the property in the county in which the real estate is located.
4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your
choice on this matter.
5. You may object to the public purpose and necessity of this project.
6. If the South Bend Board of Public Works files a suit to condemn and acquire your property and
the court grants its request to condemn, the court will then appoint three appraisers who will
make an independent appraisal of the property to be acquired.
7. If we both agree with the court appraisers' report, then the matter is settled. However, if either
of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial
to decide what should be paid to you for the property condemned.
8. If the court appraisers' report is not accepted by either of us, then the South Bend Board of
Public Works has the legal option of depositing the amount of the court appraisers' evaluation
with the court. And if such a deposit is made with the court, the South Bend Board of Public
Works is legally entitled to immediate possession of the property. You may, subject to the
approval of the court, make withdrawals from the amount deposited with court. Your withdrawal
will in no way affect the proceedings of your case in court, except that, if the final judgment
awarded you is less than the withdrawal you have made from the amount deposited, you will be
required to pay back to the court the amount of the withdrawal in excess of the amount of the
final judgment.
Page 3
Project:
102 -006
Parcel: 7nA
9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled
to present legal evidence supporting our opinions of the fair market value of the property or
easement. The court's decision may be more or less than this offer. You may employ, at your
cost, appraisers and attorneys to represent you at this time or at any time during the course of
the proceeding described in the notice.
10. If you have any questions concerning this matter, you may contact us at:
DLZ INDIANA, LLC
2211 E. Jefferson Blvd.
South Bend, IN 46615
Attn: Timothy W. Jackson
Phone: 574- 245 -1670
This offer was made to owner(s):
John Schroeder on behalf of
The Graber Group, L.P. of
of
Of
of
St. Joseph County, Indiana on March 4,2013
on
on
on
BY: DLZ INDIANA, LLC /
(S' aforere) )
nothy W. Jackson
(Printed Name)
(Date)
(Date)
(Date)
(Date)
Agent for: South Bend Board of Public Works
Page 4
Project: 102 -006 Parcel: 7/7A
If you decide to accept the offer of $20,963.00 made by the South Bend Board of Public Works,
sign your name below and snail this form to the address indicated above. An additional copy of this offer
has been provided for your file.
ACCEPTANCE OF OFFER
I (We), The Graber Group L.P.
owner(s) of the above described property or interest in property, hereby accept the offer of
$20,963.00* made by the South Bend Board of Public Works on this day of
20 *Counteroffer: Reference supplemental Exhibits
attached hereto and made part of this Agreement:
1) Exhibit "C "- Counteroffer.
THE GRABER GROUP, L.P. 2) Exhibit "D -1" - Legal Description for Revised Parcel 7
M
Printed Name, General Partner
STATE OF
COUNTY OF
(Proposed Permanent Right -of -Way).
3) Exhibit "D -2" - Legal Description for Revised Parcel 7A
(Proposed Temporary Right -of -Way).
4) Exhibit "D -3" - Legal Description for Parcel 7B
(Proposed Permanent Easement).
5) Exhibit "D -4" - Revised Right -of -Way Parcel Plat.
NOTARY'S CERTIFICATE Initial By Owner:
Ss:
Subscribed and sworn to before me this day of 120
My commission expires:
My county of residence is:
(Signature)
(Printed) Notary Public
Page 5
Project: 102 -006 Parcel: 7/7A/7B
EXHIBIT "C"
COUNTEROFFER
1) Compensation shall be reduced from original offer amount of $20,963.00 to $17,236.00
based on proposed revised permanent right -of -way, temporary right -of -way and
permanent easement to be acquired as legally described and identified within Exhibits
"D -1 ". "D -2 ". "D -3" and "D -4 ".
2) Existing Trench Drains — In advance of Project removal of existing Fellows Street drive
approach (Sta. 1 +76 LT Line `PR -B'), contractor shall close the existing approach at said
location and provide at minimum a 24 -hour notice to Graber Group, L.P. (Owner) for
removal of existing trench drains to be removed and retained by Owner. Contractor
reserves the right to remove existing trench drains to be retained by contractor should the
existing trench drains not be removed by Owner upon expiration of the 24 -hour advance
notice to Owner.
3) Replacement trench drains shall be of similar quantity and dimensions as existing trench
drains.
4) For construction of new Fellows Street drive approach (Sta. 1 +76 LT Line `PR -B'),
Project shall include the use of high early concrete and specify schedule constraint for the
replacement for pour on Friday and open on Monday. It is understood, drive removal and
replacement and the construction of the intersection will restrict access. Temporary access
will be provided when possible but cannot be provided at all times.
5) Owner warrants real estate to be conveyed to the City of South Bend for the use and
benefit of its Board of Public Works is not encumbered by lease agreement(s).
Parcel 7 Graber Group, L.P.
Original
Area
(Sq. Ft.)
Counter
Area
(Sq. Ft.)
Unit Cost
Original
Offer
Counter
Offer
Land
PER
3699
3699
$1 LSUM
$1.00
$1.00
New R/W
1826
1216
$6.50
$11,869.00
$7,904.00
Perm Easement
0
502
$5.20
$0.00
$2,610.00
Total
5525
5417
Land Improvements
Sidewalk
Yes
Yes
$3,240.00
$3,240.00
$3,240.00
Grass
Yes
No
$123.00
$123.00
$0.00
Curbing
Yes
Yes
$1,320.00
$1,320.00
$1,320.00
Cost to Cure
Fence
Yes
Yes
$500.00
$500.00
$500.00
Landscape Beds
Yes
No
$1,358.00
$1,358.00
$0.00
Temporary R/W
1435
934
$1.7784
$2,552.00
$1,661.00
TOTAL
$20,963.00
$17,236.00
Exhibit "D -1"
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 7 Right -of -Way Acquisition
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast comer of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
along the south line of said northwest quarter 196.56 feet (198 feet from Warranty Deed
97- 53594) to the southeast comer of the grantors' land and also being the point of
beginning of this description; thence continuing South 88 degrees 24 minutes 22 seconds
West 131.53 feet (132 feet from Warranty Deed 97- 53594) along said south line to the
southwest comer of the grantors' land; thence North 0 degrees I 1 minutes 14 seconds East
34.59 feet along the west line of the grantors' land; thence North 89 degrees 54 minutes 47
seconds East 98.05 feet; thence North 43 degrees 17 minutes 29 seconds East 48.95 feet
to the east line of the grantors' land and also being the west boundary of Fellows Street;
thence South 0 degrees 12 minutes 45 seconds West 66.71 feet along said west boundary
to the point of beginning and containing 4,915 square feet, more or less, inclusive of the
presently existing right -of -way, which contains 3,699 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By:
Jeffrey S. Barnes, PLS
Firm:
Jones Petrie Rafinski
Date:
March 5, 2013
Job Number:
2009 -5083
H:12009 Pmject%=09.5093\SUR1RW Eng1PCL 7\2013-03-05 Pa=17 Exhibit AAW
Exhibit "D -2"
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet I of 1
Parcel: 7A Temporary Right -of -Way For Grading and Restoration
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast comer of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
196.56 feet (198 feet from Warranty Deed 97- 53594) along the south line of said
northwest quarter to the southeast corner of the grantors' land; thence North 0 degrees 12
minutes 45 seconds East 66.71 feet along the east line of the grantors' land to the point of
beginning of this description; thence South 43 degrees 17 minutes 29 seconds West 5.31
feet; thence North 0 degrees 17 minutes 56 seconds East 100.24 feet; thence North 89
degrees 42 minutes 04 seconds West 3.67 feet; thence North 0 degrees 17 minutes 56
seconds East 29.03 feet; thence North 89 degrees 29 minutes 17 seconds East 4.50 feet;
thence North 0 degrees 09 minutes 13 seconds East 132.3 5 feet; thence North 21 degrees
32 minutes 49 seconds West 6.50 feet to the north line of the grantors' land; thence North
88 degrees 20 minutes 26 seconds East 5.16 feet along said north line to the northeast
comer of the grantors' land and also being the west boundary of Fellows Street; thence
South 0 degrees 12 minutes 45 seconds West 264.01 feet along said west boundary to the
point of beginning and containing 934 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By:
Jeffrey S. Barnes, PLS
Firm:
Jones Petrie Rafinski
Date:
February 26, 2013
Job Number:
2009 -5083
H:\2009 Pw"\2009- 508313UWRW Eng\PCL 71Parcel 7A Exhibit A.dm
Exhibit "D -3"
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 7B Permanent Easement
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East; St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast comer of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
328.09 feet along the south line of said northwest quarter to the southwest comer of the
grantors' land; thence North 0 degrees I 1 minutes 14 seconds East 34.59 feet along the
west line of the grantors' land to the point of beginning of this description; thence
continuing North 0 degrees I 1 minutes 14 seconds East 5.00 feet along said west line;
thence North 89 degrees 54 minutes 47 seconds East 102.75 feet; thence South 43 degrees
17 minutes 29 seconds West 6.88 feet; thence South 89 degrees 54 minutes 47 seconds
West 98.05 feet to the point of beginning and containing 502 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By: Jeffrey S. Barnes, PLS
Firm: Jones Petrie Rafinski
Date: March 5, 2013
Job Number: 2009 -5083
HA2009 Pmjmts\2009- 5083\.SURIRW EngNPCL 7\2013 -03 -05 Pamel 7B Exhibit A.dw
Exhibit "D -4" Sheet i of 1
Parcel No: 7 Right —of —Way Parcel Plat Code: NA
Des. NA EXHIBIT B
Projectct: : NA Drawn: mdc
Road: Ireland Road Corridor Prepared for: City of South Bend Checked: jsb
Sec: 25 Town: 37 N. Range: 2E Owner: The Gruber Group, L.P. County: St. Joseph
® on 59 Limited Partnership
Hatched area is Deed Rec.: 97- 5353594 4, dated 12 -29 -1997
approximate acquisition. Key Number: 71 -08 -25 -177- 039.000 -026
This plot was prepared from information obtained from the recorder's office and other sources which
were not necessarily checked by o field survey. Dimensions shown are from listed record documents.
Huffman's 1st Add.
Lot 10
132'(sic)
10' Esmt. in favor of of
Indiana & Michigan a
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132 sic 198'(sic)
SE corner NW 1/4
SW corner NW 1/4 Ireland Road Sec. 25 —T37N —R2E
Sec. 25 —T37N —R2E
EP - Edge of Pavement
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Sheet t of 1
AREA COMPUTATIONS
PARCEL: 7
PROJECT: NA
CODE: NA
o... ,o
MAl C 4/x19!49 chm4ed Rv- DATE:
TITLE AREAS
DR: 97 -53594
Calculated area per deed dimensions
132'x 330'
SUBTOTAL TITLE AREAS
LESS TOTAL EXCEPTIONS
TOTAL AREA
- 43,560 SF
- 43.560 SF
-
- 43 560 SF
EXCEPTIONS
=
TOTAL EXCEPTIONS =
RM EXISTING - CALCULATIONS
Ireland Road
roximate dimensions 26.1'x 131.5' for area under p8VeM6nt
3,699 SF
Fellows Street
Platted rlw per Huffman.s 1st Addibon
0 SF
TOTAL RNV EXISTING
3,699 SF
FEE SIMPLE AREAS
PARCEL
TOTAL AREA =
R1W EXISTING =
NET TOTAL AREA =
TOTAL F.S. AREA -
TOTAL RESIDUE AREA =
RESIDUE "A" =
RESIDUE -
RESIDUE _
RESIDUE -
RESIDUE _
Note: PcI 7B is Permanent Esmt. =
43,560 SF
3,699 SF
39,861 SF
1,216 SF
38,645 SF
38,645 SF
502 SF
Pd 7
1,216 SF
TOTAL = 1,216 SF
EXCESS LAND AREAS
PARCEL
TOTAL =
TEMP. RfW AREAS
PARCEL
Pd 7A
934 SF
TOTAL = 934 SF
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 7 Right -of -Way Acquisition
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast comer of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
along the south line of said northwest quarter 196.56 feet (198 feet from Warranty Deed
97- 53594) to the southeast comer of the grantors' land and also being the point of
beginning of this description; thence continuing South 88 degrees 24 minutes 22 seconds
West 131.53 feet (132 feet from Warranty Deed 97- 53594) along said south line to the
southwest comer of the grantors' land; thence North 0 degrees 11 minutes 14 seconds East
34.59 feet along the west line of the grantors' land; thence North 89 degrees 54 minutes 47
seconds East 98.05 feet; thence North 43 degrees 17 minutes 29 seconds East 48.95 feet
to the east line of the grantors' land and also being the west boundary of Fellows Street;
thence South 0 degrees 12 minutes 45 seconds West 66.71 feet along said west boundary
to the point of beginning and containing 4,915 square feet, more or less, inclusive of the
presently existing right-of-way, which contains 3,699 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By: Jeffrey S. Bames, PLS
Firm: Jones Petrie Rafinski
Date: March 5, 2013
Job Number: 2009 -5083
H:UM Prejects\2009- 5083WRaW Ea8\PCL 7\2013 -03 -05 Pa=17 Exhibit A.dm
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 7A Temporary Right -of -Way For Grading and Restoration
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East, St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast comer of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
196.56 feet (198 feet from Warranty Deed 97- 53594) along the south line of said
northwest quarter to the southeast comer of the grantors' land; thence North 0 degrees 12
minutes 45 seconds East 66.71 feet along the east line of the grantors' land to the point of
beginning of this description; thence South 43 degrees 17 minutes 29 seconds West 5.31
feet; thence North 0 degrees 17 minutes 56 seconds East 100.24 feet; thence North 89
degrees 42 minutes 04 seconds West 3.67 feet; thence North 0 degrees 17 minutes 56
seconds East 29.03 feet; thence North 89 degrees 29 minutes 17 seconds East 4.50 feet;
thence North 0 degrees 09 minutes 13 seconds East 132.35 feet; thence North 21 degrees
32 minutes 49 seconds West 6.50 feet to the north line of the grantors' land; thence North
88 degrees 20 minutes 26 seconds East 5.16 feet along said north line to the northeast
comer of the grantors' land and also being the west boundary of Fellows Street; thence
South 0 degrees 12 minutes 45 seconds West 264.01 feet along said west boundary to the
point of beginning and containing 934 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By:
Jeffrey S. Barnes, PLS
Firm:
Jones Petrie Rafinski
Date:
February 26, 2013
Job Number:
2009 -5083
HA2009 PmjecWUM- 5083\SUMW Eng\PCL 71Petcel 7A Exhibit A.doc
Exhibit "A"
Project: Ireland Road Corridor Improvements Sheet 1 of 1
Parcel: 7B Permanent Easement
A part of the Southeast Quarter of the Northwest Quarter of Section 25, Township 37
North, Range 2 East; St. Joseph County, Indiana, and being that part of the grantors' land
lying within the right -of -way lines depicted on the attached Right -of -Way Parcel Plat,
marked EXHIBIT "B ", described as follows: Commencing at the southeast corner of the
northwest quarter of said Section; thence South 88 degrees 24 minutes 22 seconds West
328.09 feet along the south line of said northwest quarter to the southwest comer of the
grantors' land; thence North 0 degrees 11 minutes 14 seconds East 34.59 feet along the
west line of the grantors' land to the point of beginning of this description; thence
continuing North 0 degrees 11 minutes 14 seconds East 5.00 feet along said west line;
thence North 89 degrees 54 minutes 47 seconds East 102.75 feet; thence South 43 degrees
17 minutes 29 seconds West 6.88 feet; thence South 89 degrees 54 minutes 47 seconds
West 98.05 feet to the point of beginning and containing 502 square feet, more or less.
Reference Document: WD 97 -53594
This description was written from the information obtained from the St. Joseph
County Recorder's Office and other sources that were not necessarily checked
by a field survey.
Prepared for: The City of South Bend
By: Jeffrey S. Bames, PLS
Firm: Jones Petrie Rafinski
Date: March 5, 2013
Job Number: 2009 -5083
HA2009 Pmjecti\2009- 508RSURUtW En8\PC1. 7V013 -03 -05 Panel 713 FAbit kdw
Sheet 1 of 1
Parcel No: 7 Right—of—Way Parcel Plat Code: NA
Project: NA 9 EXHIBIT "B"
Drawn: mdc
Road: Ireland Road Corridor
Prepared for: City of South Bend Checked- ysb
Sec: 25 Town: 37 N. Range: 2E Owner: The Gruber Group, .P.
P� County: St. Joseph
®
Hatched area is an Indiana Limited Partnership
Deed Rec.: 97- 53594, dated 12 -29 -1997
approximate acquisition. Key Number: 71 -08 -25 -177- 039.000 -026
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.
Huffman's 1st Add.
Lot 10
132 (sic
33 I
7;Ersmt, favor of a
Indiana & Michigan a
Electric Company E
L
3 u at
O
Res. "A" °
a
n d n
w
o=
E
e
1" = 60'
7
e-
Perm —m—t. R/W
I EP
132' sic 198'(sic)
SE corner NW 1/4
SW corner NW 1/4 Sec. 25— T37N —R2E
Sec. 25— T37N —R2E Ireland Road
EP � Edge a/ Pavement
evcsasuRa
412 South Lafayette Blvd SURVMIa
low JOPiS PETIaE RAFMG South Bend, IN 46601 cis
ur�osuer,lROarecnsF
p: 574.232.4388 aevaveau��.
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