10-28-02 Council Meeting Minutes

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REGULAR MEETING OCTOBER 28, 2002 the Southeast corner of lot numbered two (2) as shown on the recorded plat of All -Phase Minor Subdivision, recorded March 21, 1991 as document number 9106604 in the office of the recorder of St. Joseph County, Indiana, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of seven and eleven hundredths (7.11) feet to a point of the West right -of -way line, such point being the point of beginning of this description, thence South eighty -nine degrees forty -eight minutes thirty -two seconds West (S89 °48'32 "W) a distance of eight and no hundredths (8.00) feet, thence North three degrees twenty -three minutes thirteen seconds East (NO3 °23'13 "E) a distance of one hundred thirty -five and forty -two hundredths (135.42) feet to a point on the West right -of -way line of Bendix Drive, thence South zero degrees zero minutes zero seconds West (S00 °00'00 "W) a distance of one hundred thirty -five and seventeen hundredths (135.17) feet to the point of beginning of this description and containing 540.69 square feet (0.0124 acres) subject to all legal highways and easements of record. WHEREAS, the acquisition of the Real Property described above is necessary for South Bend to make improvements for the public safety and convenience in a design of the intersection of Lincoln Way West and Bendix Drive; and WHEREAS, Indiana code 36- 1- 10.5 -5 requires the "purchasing agent" to appoint two appraisers to appraise the fair market value of the Real Property. In the City of South Bend the "purchasing agent" is the Board of Public Works per the definition of IC 36- 1- 10.5 -3. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The South Bend Board of Public Works is authorized and directed to appoint two (2) appraisers to appraise the fair market value of the Real Property. 2. The South Bend Board of Public Works shall give a copy of both appraisals to the Common Council. 3. The South Bend Board of Public Works may not purchase the Real Property for a price greater than the average of the two appraisals. s/Roland Kelly Member, South Bend Common Council Mr. Carl Littrell, City Engineer, Offices in the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Littrell advised that this Resolution will allow the Board of Public Works to acquire property for the improvements to Bendix Drive just north of Lincolnway West. It is their intent to improve traffic safety and reduce congestion at this intersection by constructing a right turn lane for southbound traffic. This will require the purchase of sixteen (16) to eighteen (18) feet additional width of right -of -way beginning at the property owned by All Phase Electric and continuing in front of property owned by the McDonald Corporation and then finishing at the auto parts store on the corner of Lincolnway West and Bendix. To do this work they propose to combine driveways. They have contacted the property owners to discuss this proposal and they seem agreeable and are anxious to hear the City's offer for their real estate. Mr. Littrell asked for the Council's favorable consideration of this Resolution. Councilmember Varner advised that the Public Works and Property Vacation Committee conducted a Public Hearing on this bill and it comes to the full Council with a favorable recommendation. in