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HomeMy WebLinkAboutApproving transfer of the SB Community School Corporation of Park Property in Potawatomi Park and Greenlawn AvenueORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana April 23, Attest: Attest: 01 20 Presented by me to the Mayor of the City of Soutlt Bend, Indiana April ~4, 20 01 Ciry Clerk President of Common Cozzncil City Clerk Approved and signed by me April 24, 20 _Q1 Mayor ORDINANCE NO. ~ ZZ~ --O ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION OF PARK PROPERTY IN POTAWATOMI PARK AND THE EAST HALF OF GREENLAWN AVENUE STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, for the use and benefit of its Park Department (hereinafter, the "Park Department"), owns certain real property located in the City and being more particularly described at Exhibit A (the "Park Property"). Pursuant to I.C. 36-10-4-9(a), said lands are under the exclusive control of the Board of Park Commissioners of the Park District of the City (hereinafter, the "Park Board"). The Property is located adjacent to Greenlawn Avenue between Wall Street and Mishawaka Avenue. An Ordinance vacating said portion of Greenlawn was previously approved by this Common Council which Ordinance shall be effective in accordance with its terms. Upon the effective date of the vacation, the property described at Exhibit B will revert to the ownership of the Park Department (the "Greenlawn Property"). At its meeting ofNovember 20, 2000, the Park Board determined that the Greenlawn Property is not required for park purposes and authorized the transfer of the Greenlawn Property to the South Bend Community School Corporation (the "School Corporation") upon the effective date of the vacation for its use in the expansion of Adams High School (the "Project"). At its meeting of March 19, 2001, the Park Board determined that the Park Property is not required for park purposes and authorized the transfer of the Park Property to the School Corporation for purposes of the Project, subject to the terms and conditions set forth in the Memorandum of Understanding contained at Exhibit C (the "Memorandum"). Pursuant to I.C. 36-10-4-18, Common Council approval of the transfer of the Property is required. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The transfer of the Park Property and the Greenlawn Property to the School Corporation is approved, subject to the terms and conditions as previously set forth in the Memorandum. ODMA\MHODMA\SB IMAN 1;78039; 3 Section II. This Ordinance shall be effective upon its passage by the Common Council, approval by the Mayor and the effective date of the vacation of Greenlawn Avenue. l 1 g-01 ~s su~~¢ 1st READING `1- 1 PUGLIC HEARING ~- j„ 3-61 Q J Sulo~,~~2{~y 3 rd READING `~2-3 ~~~ Q~ sv~~s~ t~ u~~}~ NOT APPROVED REFERRED ` PASSED ~ L~-O\ (~, S J l,~.b S~ Member, South Bend Co on Council -2- - ~-,, s f ,. . ' ~' F ~ P i Y'v COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 40-O1 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION OF PARK PROPERTY IN POTAWATOMI PARK AND THE EAST HALF OF GREENLAWN AVENUE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted at first reading with a new title. Andrew Udj ak Chairman BARKS BOARD TO SCHOOL CORPORATION TRACT OF LAND IN POTAWATONQ PARK DESCRIPTION: A parcel of land being a part of the Southeast Quarter of Section 7, Township 37 North, Range 3 Fast, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly descnbed as follows: Beginning at a point on the East right-of--way line of Greenlawn Avenue (66 foot wide right-of--way) that is 4.75 feet North 0°00'00" East of the intersection of said East right-of--way line of Greenlawn Avenue with the Northright-of--way line of Mishawaka Avenue (all bearings in this description are relative to an assumed bearing of North 'UO°00'00" East along the East right-of--way line of Greenlawn Avenue); thence North 00°00'00" East, along said East right-of--way line of Greenlawn Avenue, a distance of 269.89 feet; thence North 90°00'00" East, parallel with said Northright-of--way line of Mishawaka Avenue, a distance of 79.21 feet; thence South 1°00'00" East, parallel wish said Eastright-of-way line of Greenlawn Avernie, a distance of 55.00 feet to a noirtangent point of curvature; thence Southwesterly along a curve to the right having a radius of 138.51 feet, a c~tral angle of 111°31'48" and limited in length by a chord of 229.02 feet that bears South 20° 14'04" West to the place of beginning. Subject to any easements, covenants or restrictions of record. EXHIBIT A ~~#~ ~ ~~' ~'~~~ ( NOV 13 '00 02~23PM DEPT OF PUBLIC WORKS P.5/6 PARKS BOAItU TO SGSOOL CO$PORATiON F.w.sT $w. LF aF GREEt~II.A'VVN AyF.y )QESC~tIPTIt?I+t: A parcel of land being a part of the Southeast Qaarter of Section 7, Towaship 3? North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly descn'bed as the East half of that portioa of the right-of-waq of Creettlawn Avenue (66 foot wide right-of--way) extending in a Northerly directign from tl~e North right-of-way line afMishawaka Avetxue a distance of 560.50 feet to the Easterly extension of the South right-of--way line of Wall Street. Subject to aay easements, covenants or restrictions of record. _~ f EXHIBIT B ~'~~''~~ ~ ' ~ _ MEMORANDUM OF UNDERSTANDING This Agreement is entered into as of the ~ ~ ~ day of Y1/lic-rGl~ , 2001, between the City of South Bend, Indiana, by its Board of Pazk Commissioners (the "Park Board") and the South Bend Community School Corporation, an Indiana municipal corporation (the "School Corporation") WHEREAS, the City of South Bend, Indiana (the "City") for the use of its Park Department (the "Park Department") owns certain real property in the City known as Potawatomi Pazk (the "Park"); and WHEREAS, pursuant to I.C. 36-10-4-9(a), the Park is under the exclusive control of the Park Board; and WHEREAS, the School Corporation proposes to undertake certain improvements to Adams High School in the City (the "Project"); and WHEREAS, there has been previously filed with the Common Council of the City a petition to vacate Greenlawn Avenue between Wall Street and Mishawaka Avenue; and WHEREAS, the Pazk Board has previously determined to convey its half of the vacated Greeenlawn to School Corporation in order to facilitate the Project; and WHEREAS, the School Corporation and the Pazk Board share a common philosophy regazding the shared use of facilities, and the parties have a history of shazed facility usage; and WHEREAS, the Park Boazd and the School Corporation have determined to share the use of certain facilities which will be constructed as part of the Project, as well as certain facilities within the Pazk which will be enhanced as part of the Project; and EDIT C :ODMA~MHODMA~SII [MAN 1;90114;2 WHEREAS, the parties desire to memorialize the terms and conditions of their agreement. NOW, THEREFORE, the parties agree as follows: 1. Potawatomi Softball Diamond. School Corporation shall undertake to improve the softball diamond located in the Park (the "Softball Diamond") as part of the Project, which improvements shall include upgrading the lighting. School Corporation agrees to maintain the Softball Diamond from the date in the spring of each year when the School Corporation commences its softball season through and including June 1 of that same year. Maintenance shall include readying the field for play each season, top dressing as directed by the Park Department, as well as day to day custodial care. Park Board shall maintain the Softball Diamond at all other times during the year. The Park Boazd agrees that the School Corporation shall receive priority for purposes of scheduling the use of the Softball Diamond for its softball program during those times when School Corporation is responsible for maintenance of the Softball Diamond. All utility expenses associated with the Softball Diamond throughout the year shall be the responsibility of the Pazk Board. 2. Potawatomi "Meadow". Park Board hereby agrees to the shared use of the area located north of the Softball Diamond and south of Wall Street as identified at Exhibit A (the "Meadow") for use by the School Corporation as an athletic practice field. School Corporation shall level and improve the Meadow as part of the Project. School Corporation hereby agrees to maintain the Meadow from August 1 each year until the end of the growing season, which generally ends around the following November 1. Maintenance shall include top dressing as directed by the Park Department and day to day custodial care. ::ODMA~MHODMA\SB IMAN 1;90114;2 _2 3. Pedestrian Walkway. School Corporation shall construct as part of the Project a pedestrian walkway for the use and benefit of the general public, which walkway shall extend from the intersection of Greenlawn Avenue and Wall Street south to Mishawaka Avenue in the manner depicted at Exhibit A (the "Walkway"). School Corporation shall ensure that adequate lighting is included as part of the construction of the Walkway, subject to the approval of the City Engineer. The Walkway shall be at least six (6) feet wide. School Corporation shall be solely responsible for the maintenance of the Walkway, including the removal of snow and ice to facilitate pedestrian travel. All plans for demolition of existing public improvements in the public right-of--way or in the vacated public right-of--way shall have prior approval of the City Engineer and the City's Board of Public Works. The construction of the Walkway shall conform with the Standard City of South Bend Specifications, and the plans and specifications are subject to the approval of the City Engineer. 4. Tennis Courts. School Corporation agrees that the tennis courts which will be constructed on School Corporation property in connection with the Project shall be located adjacent to the Pazk in a manner such that the tennis courts aze accessible from the Park. School Corporation agrees to make the tennis courts available for use by the public at any time they are not in use by school physical education classes or school athletic teams. School Corporation shall be responsible for maintenance of the tennis courts. School Corporation reserves the right to eject any user of the Tennis Courts in its sole discretion. 5. Track. School Corporation agrees that the track which will be constructed as part of the Project shall be made available for use by the public at any time it is not in use by school ::ODMA~IvII-IODMA~SBIMAN I ;90114;2 -3 physical education classes or school athletic teams. School Corporation reserves the right to-eject any user of the Track in its sole discretion. 6. Conveyance of Park Property to School Corporation. The Park Board hereby agrees to undertake those actions necessary under Indiana law in order to convey to the School Corporation the property identified at Exhibit B (the "Property"). The transfer of the Property is subject to the approval of the Common Council of the City. School Corporation agrees to replace any tree removed from the Property with two (2) trees. The trees shall by of a type specified by the Park Department and two (2") inches caliper. The placement of the trees shall be as designed by Hebard & Hebazd Architects, Inc., subject to the approval of the Park Department. 7. Construction Issues. School Corporation agrees to coordinate with the Pazk Department on issues related to the portions of the Project which will by constructed by the School Corporation on Park property. Park Board agrees to grant School Corporation any temporary easement rights which may be necessary for School Corporation to undertake any action contemplated by this agreement. 8. Liability and Indemnification. The Park Boazd shall be responsible for any and all liabilities, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of any duty which the Park Boazd has, whether arising under this agreement or otherwise. The School Corporation shall be responsible for any and all liabilities, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of any duty which the School Corporation has, whether arising under this agreement or otherwise. Each party agrees to indemnify, defend and save harmless the other for damages, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of each party's ::ODMA~1 f {ODMA\S E3 [bL4N I ;90 114;2 -4- respective use of the facilities as provided herein. Notwithstanding anything contained herein to the contrary, School Corporation agrees to indemnify the Park Board and the City of South Bend for any and all liabilities, claims, suits, causes of action, proceedings, judgments, costs and expenses arising or alleged to arise out of the School Corporation's maintenance of the Walkway. 9. Counterparts. This Memorandum of Understanding may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. *** F ~~ ~'~~ 0 ~. 20~~ -S- ^uY `/ Wl:lames a,i~... ~.s. vp ~~3o ::ODMAUvII-IODMA~.SB[MAN1;90114? ~,~~~,,~ ~~,,,,, IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first above written. CITY OF SOUTH BEND, INDIANA BOARD OF PARK COMMISSIONERS By: ' /1, ATTEST: ~`y. ~ SOUTH BEND COMMUNITY SCHOOL CORPORATION B President, Bo of School Trustees ATTEST: S etary, Board of School Trustees ::ODMA\MI fODMA\SBIMAN 1;90114;2 _ 6 _ i r'~6~ 0 `. ~OQ•~ 1.~:. ems. J'. ~:,'a ~.e~ w Z W Q Q Y 3 a x I i i I i i r~ ~~ 8 8 tIHE ~~ I~ 1 SITE PLAN PART OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. S~ X011 ~ H~~S~N,T10N SOH ~ GREENLAWN AVENUE 66' R/W PARKS BoARTO~TO os coRPDRAnoN IN pOTAWAT0111 PARK ~so.SD' cREENUWN AVE vAG110N W 0000'00' • I I C~ -WI,ZOw' PARK ~ ~pl,R(IIENS ~~~ . PAS k ' TN S ~~p.IEN C~D4'04' E 111'31'49' E 3~N Hr9bE 1 B.SI ING DISTANCE • 1 i 00' 00' 00' E ~. 73' I I I I t ~. 1 I i i I fi L___- I I SUNNYMF~E 4TH - (UNF~ECORDED) 991 ~ 948-0 I~ 948 ~ I I I I I I I ~~ PARKS BOARD TO SCFIOOL CORPORATKIN FAST HAIF OREENJININ AVE. 0' SO' 100' 130' Prvor.d 4K Lang, Feeney dt Assoclafes, Inc. 715 S. AlichiQan Street South Bend, Indiana 46601 Phone (21D) 23J-1841 Land Surveying _ ._ , _. -~.,. RSG Job Na >a2-08 ~I i ~ I I ~! ~4 Ey as W PARKS BOARD TO SCHOOL CORPORATION TRACT OF LAND IN POTAWATOMI PARK DESCRIPTION' A parcel of land being a part of the Southeast Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly descnbed as follows: Beginning at a point on the East right-of--way line of Greenlawn Avenue (66 foot wide right-of--way) that is 4.75 feet North 0°00'00" East of the intersection of said East right-of--way line of Greenlawn Avenue with the North right-of--way line of Mishawaka Avenue (all bearings in this description are relative to an assumed bearing of North 00°00'00" East along the East right-of--way line of Greenlawn Avenue); thence North 00°00'00" East, along said East right-of--way line of Greenlawn Avenue, a distance of 269.89 feet; thence North 90°00'00" East, parallel with said North right-of--way line of Mishawaka Avenue, a distance of 79.21 feet; thence South 1°00'00" Fast, parallel with said Eastright-of--way line of Greenlawn Avenue, a distance of 55.00 feet to a non tangent point of curvature; thence Southwesterly along a curve to the right having a radius of ....138.51 feet, a central angle of 111 °31'48" and limited in length by a chord of 229.02 feet that bears South 20°14'04" West to the place of beginning. Subject to any easements, covenants or restrictions of record. --~ - i ~'~~_! 0 70Q~ NN~M~ PARKS & RECREATION DEPARTMENT Stephen:J. Luecke, Mayor Superintendent Ms. Charlotte Pfeifer Apri13, 2001 Phillip L. St. Clair President 299-4765 South Bend Common Council 4`" floor County-City Building Administrative. Director South Bend, IN 46601 __ Betsy Harriman 235-5596 Dear President Pfeifer: Director of Concessions Attached for consideration by the South Bend Common Council is an Ordinance Matthew Moyers approving transfer of Parks and Recreation Department property to the South 299-4765 Bend Community School Corporation. This property is located adjacent to Greenlawn Avenue, between Mishawaka Avenue and Wall Street and is part of Maintenance Superintendent the School Corporation's expansion of Adams High School. In the Ordinance, A. Michael Dyszkiewicz these tracts are referred to as the "Park Properly" and the "Greenlawn Property" 235-9414 respectively. Neither property is required for Parks and Recreation purposes. Forester Both the Board of Park Commissioners and the School Corporation will have Brent Thompson adopted resolutions approving this transfer of land from the Parks and Recreation 235-9414 Department. .Recreation Director We hope you will agree that this is a transfer that enhances the use of the subject '.Susan O'Connor land and benefits the entire city. We request your approval of this Ordinance. 299-4765 I will be available at the Council caucus and regular meeting to make the Zoo Director presentation to you and to answer any questions you may have. Vicki Roth 235-5549 Thank you. Fiscal Officer Sincerel Bill Carleton i!;!` - 299-4765 ~ ,:~ % ~Ji; _- ~ _ Director of Golf Phillip St.;Cla1r. _V _ _ -~ - - ' ~" Chad Kilmer ..-- - -~"~ R 271-9180 Superinterkdenf,~ -"'~ f^//~ '^17 r 1 ;~ 321 East Walter Street • South Bend, Indiana 4b614.219-299-4765 • TDD 235-5567 Pazks Administration Fas 29911783 • Recreation Faa 299-4784