HomeMy WebLinkAboutTemp & Permanent ROW - Bendix Phaase 2 Proj No 121-047 - St Joseph County Airport AuthorityINTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENVIRONMENTAL SERVICES
TO: Board of Public Works Hillary Horvath, Clerk
FROM: Leslie Biek, P.E., Assistant City Engineer
SUBJECT: Purchase of Temporary and Permanent Property at 2950 Lathrop St
DATE: 9/14/2026
It is requested the Board of Public Works approve of the temporary and permanent land acquisition payments for properties owned by the St Joseph County Airport Authority.
The breakdown is as follows: $64,000 Permanent R/W $ 5,500 Admin settlement to update Avigation Easement $60,600 Temporary R/W
The total amount to be paid to the Airport Authority for right-of-way is $130,100.
The Common Council gave authorization for the Board of Public Works to pursue the acquisition on June 22, 2026 and BPW approved the resolution on June 23, 2026.
Thank you for your consideration of this request.
UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER
Date: June 29, 2026
PROJECT: 2100022
CODE: NA PARCEL: 4
ROAD: Bendix Drive
COUNTY: St. Joseph
Offer Delivery Method (Check one)
In Person_____X______ Certified Mail____________
St. Joseph County Airport Authority
4477 Progress Dr.
South Bend, IN 46628
The City of South Bend Department of Public Works, is authorized by Indiana law to
obtain your property or an easement across your property, for certain public purposes.
The project is a Road Reconstruction Project beginning at the Intersection of Bendix Drive
and Voorde Drive, and continuing North to Approximately 0.1 miles north of the
Intersection of Bendix Drive and Lathrop Road in South Bend, Indiana.
It is our opinion that the fair market value of the parcel we want to acquire from you is
$124,600.00, and, therefore, the City of South Bend Department of Public Works offers
you $124,600.00 for the above fee simple acquisition and temporary easement. 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 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: 2100022 Parcel: 4
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED
RIGHTS:
1. By law, the City of South Bend Department of Public Works is required to make
a good faith effort to purchase your property and/or an easement across your
property.
2. You do not have to accept this offer and the City of South Bend Department 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 and/or an easement across your property, the City
of South Bend Department of Public Works has the right to file suit to condemn,
and acquire your property and/or an easement across your 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 City of South Bend Department of Public Works files a suit to condemn and
acquire your property and/or an easement across 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 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
condemned.
8. If the court appraisers’ report is not accepted by either of us, the City of South
Bend Department 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 City of South Bend Department of Public Works is legally
entitled to immediate possession of the property and easement. You may, subject
to the approval of the court, make withdrawals from the amount deposited with
the 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.
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Project: 2100022 Parcel: 4
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.
If you have any questions concerning this matter, you may contact us at:
Hannah E. Youngs
DLZ Indiana, LLC
2211 East Jefferson Boulevard,
South Bend, IN 46615
Phone: 574-245-1745
Email: hyoungs@dlz.com
This offer was made to the owner(s):
St. Joseph County Airport Authority of County on (Date)
Hannah E. Youngs
Agent of: the City of South Bend Department of Public Works
Page | 4
Project: 2100022 Parcel: 4
If you decide to accept the offer of $124,600.00 made by the City of South Bend Department
of Public Works, sign your name below and mail this form to the address indicated above.
An additional copy of this offer has been provided for your file.
ACCEPTANCE OF OFFER
I/We, _________________________________,_______________________________, of
St. Joseph County Airport Authority, owner(s) of the above described property or interest in
property, hereby accept the offer of $124,600.00 made by the City of South Bend
Department of Public Works on this _________ day of __________________________,
2026.
St. Joseph County Airport Authority
Signature
______________________________________
Print Name and Title
______________________________________
Signature
______________________________________
Print Name and Title
NOTARY’S CERTIFICATE
STATE OF: ______________________________:
SS:
COUNTY OF ______________________________:
Subscribed and sworn to before me this _________ day of __________________________, 2026.
Signature
Printed Name ___________________________________________
My Commission expires ___________________________________________
I am a resident of ______________________________ County
Original Offer $124,600.00
Admin Settlmt $5,500.00
Total Amount $130,100.00
WARRANTY DEED
Form WD-1 Project: 2100022
Revised 07/2024 Code: NA
Parcel: 4
THIS INDENTURE WITNESSETH, That St. Joseph County Airport Authority, the Grantor(s) of St. Joseph County,
State of Indiana Convey(s) and Warrant(s) to the CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS, the
Grantee, for and in consideration of the sum of Sixty Nine Thousand Five Hundred Dollars ($69,500.00) (of which said sum
$64,000.00 represents land and improvements acquired and $5,500.00 represents damages) and other valuable consideration,
the receipt of which is hereby acknowledged, certain Real Estate situated in the County of St. Joseph, State of Indiana, and
being more particularly described in the legal description(s) attached hereto as Exhibit “A” and depicted upon the Right of Way
Parcel Plat attached hereto as Exhibit “B”, both of which exhibits are incorporated herein by reference.
This conveyance is subject to any and all easements, conditions and restrictions of record.
The Grantor(s) hereby specifically acknowledge(s) and agree(s) that the Real Estate conveyed herein is conveyed in fee
simple and that no reversionary rights whatsoever shall remain with the Grantor(s), or any successors in title to the abutting
lands of the Grantor(s), notwithstanding any subsequent abandonment, vacation, disuse, nonuse, change of use, conveyance,
lease and/or transfer by the Grantee or its successors in title, of a portion or all of the said Real Estate or any right of way,
roadway or roadway appurtenances established thereupon. This acknowledgement and agreement is a covenant running with
the land and shall be binding upon the Grantor(s) and all successors and assigns.
Interests in land acquired by the City of
South Bend Department of Public Works
Grantee mailing address:
215 S. Dr. Martin Luther King, Jr. Blvd.
Suite 400
South Bend, IN 46601
I.C. 8-23-7-31
Project: 2100022
Code: NA
Parcel: 4
The undersigned represent(s) and warrant(s) he is/she is they are a trustee of the Grantor; that the Grantor is the St.
Joseph County Airport Authority validly existing in the State of its origin and, where required, in the State where the subject
real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that they have full authority
to execute and deliver this instrument on its behalf and that said authority has not been revoked; that they are therefore, fully
authorized and empowered to convey to the State of Indiana real estate of the Grantor, and that on the date of execution of said
conveyance instruments he/she/they had full authority to so act; and that all necessary action for the making of this conveyance
has been duly taken.
The grantor(s) assume(s) and agree(s) to pay the 2025 payable 2026 real estate taxes and assessments on the above
described real estate. This obligation to pay shall survive the said closing and shall be enforceable by the State in the event of
any non-payment.
Form WD-1 Project: 2100022
Revised 07/2024 Code: NA
Parcel: 4
IN WITNESS WHEREOF, the said Grantor(s) has executed this instrument
this __________________________ day of __________________________, 2026.
St. Joseph County Airport Authority
Signature Signature
Print Name & Title Print Name & Title
STATE OF: ______________________________: SS: COUNTY OF ______________________________:
Before me, a Notary Public in and for said State and County, personally appeared
___________________________________________________________,_________________________________________,
of St. Joseph County Airport Authority, the Grantor(s) in the above conveyance, and acknowledged the execution of the same
on the date aforesaid to be their voluntary act and deed and who, being duly sworn, stated that any representations contained
therein are true.
Witness my hand and Notarial Seal this __________________________ day of __________________________, 2026.
Signature
Printed Name ___________________________________________
My Commission Number ___________________________________________
My Commission expires ___________________________________________
I am a resident of ______________________________ County.
This instrument prepared by Michael J. Schmidt #28857-71, Assistant City Attorney, 215 S. Dr. Martin Luther King, Jr. Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this
document, unless it is required by law. Michael J. Schmidt
TEMPORARY HIGHWAY EASEMENT GRANT
(GENERAL)
Form T-3 Project: 2100022
Revised 03/2025 Code: NA
Parcel: 4A, 4B, 4C, 4D, 4E
THIS INDENTURE WITNESSETH, That St. Joseph County Airport Authority, the Grantor(s) of St. Joseph County,
State of Indiana Grant(s) to the CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS, the Grantee, for and in
consideration of the sum of Sixty Thousand Six Hundred Dollars ($60,600.00) (of which said sum $0.00 represents land
improvements acquired and $60,600.00 represents land temporarily encumbered and damages) and other valuable
consideration, the receipt of which is hereby acknowledged, a temporary easement to enter upon and have possession of the
Real Estate of the Grantor(s) for the purpose of pavement removal, pipe removal, lawn grading, drive construction, which said
work is incidental to the construction of the highway facility known as Bendix Drive and as Project 2100022, which said Real
Estate situated in the County of St. Joseph, State of Indiana, and which is more particularly described in the legal description(s)
attached hereto as Exhibit “A” which is incorporated herein by reference, which said temporary easement shall be extinguished,
become void and revert to the Grantor(s) and/or the Grantor(s) successor(s) in title upon completion of the said Project. Said
extinguishment shall be evidenced by a release document, which shall be executed and recorded by the Grantee, at no cost to
the Grantor(s).
Interests in land acquired by the City of
South Bend Department of Public Works
Grantee mailing address:
215 S. Dr. Martin Luther King, Jr. Blvd.
Suite 400
South Bend, IN 46601
I.C. 8-23-7-31
Form T-3 Project: 2100022
Revised 03/2025 Code: NA
Parcel: 4A, 4B, 4C, 4D, 4E
The undersigned represent(s) and warrant(s) he is/she is they are a trustee of the Grantor; that the Grantor is the St.
Joseph County Airport Authority validly existing in the State of its origin and, where required, in the State where the subject
real estate is situated; that the Grantor has full capacity to convey the real estate interest described; that they have full authority
to execute and deliver this instrument on its behalf and that said authority has not been revoked; that they are therefore, fully
authorized and empowered to convey to the State of Indiana real estate of the Grantor, and that on the date of execution of said
conveyance instruments he/she/they had full authority to so act; and that all necessary action for the making of this conveyance
has been duly taken.
Any and all timber, shrubbery, fences, buildings and any other improvements situated within the area of the temporary
easement granted herein shall become the property of the State of Indiana except:
None
The said Grantor(s) acknowledge(s) that all provisions of this grant of temporary easement are as stated and set forth
herein and that no verbal agreements or promises exist with respect thereto.
This temporary conveyance is subject to any and all easements, conditions and restrictions of record. However, the
said Grantor(s), for the purpose of inducing the State of Indiana to accept this grant and to pay the hereinbefore referenced
consideration, represent(s) that the Grantor(s) is the owner(s) in fee simple of the Real Estate and that there exist no
encumbrances, conditions, restrictions, leases, liens (except current real estate taxes and assessments) of any kind or character
which would be inconsistent with the temporary rights granted herein.
Form T-3 Project: 2100022
Revised 03/2025 Code: NA
Parcel: 4A, 4B, 4C, 4D, 4E
IN WITNESS WHEREOF, the said Grantor(s) has executed this instrument
this __________________________ day of __________________________, 2026.
St. Joseph County Airport Authority
Signature Signature
Print Name & Title Print Name & Title
STATE OF: ______________________________:
SS:
COUNTY OF ______________________________:
Before me, a Notary Public in and for said State and County, personally appeared
___________________________________________________________,_________________________________________,
of St. Joseph County Airport Authority, the Grantor(s) in the above conveyance, and acknowledged the execution of the same
on the date aforesaid to be their voluntary act and deed and who, being duly sworn, stated that any representations contained
therein are true.
Witness my hand and Notarial Seal this __________________________ day of __________________________, 2026.
Signature Printed Name ___________________________________________ My Commission Number ___________________________________________ My Commission expires ___________________________________________ I am a resident of ______________________________ County.
This instrument prepared by Michael J. Schmidt #28857-71, Assistant City Attorney, 215 S. Dr. Martin Luther King, Jr. Blvd., South
Bend, Indiana 46601.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and every Social Security number from this
document, unless it is required by law. Michael J. Schmidt
EXHIBIT "A"
Project: 2100022 Sheet 1 of 5
Parcel 4A Temporary Right of Way For Pavement Removal and Lawn Grading
Key #71-03-34-101-001.000-026
A part of the West Half of the Northwest Quarter of Section 34, Township 38 North, Range 2 East,
Portage Township, St. Joseph County, Indiana, described as follows: Commencing at the northwest
corner of said section; thence North 89 degrees 30 minutes 50 seconds East 255.00 feet along the
north line of said section; thence South 00 degrees 29 minutes 10 seconds East 30.00 feet; thence
South 89 degrees 30 minutes 50 seconds West 195.00 feet; thence South 34 degrees 29 minutes 45
seconds West 27.00 feet to the Point of Beginning; thence South 00 degrees 07 minutes 48 seconds
East 148.30 feet; thence South 00 degrees 25 minutes 50 seconds West 263.96 feet; thence South
03 degrees 38 minutes 58 seconds West 159.55 feet; thence South 00 degrees 34 minutes 10
seconds East 1,568.74 feet to the south line of the grantor’s land; thence South 89 degrees 30
minutes 49 seconds West 21.00 feet along said south line; thence North 00 degrees 34 minutes
10 seconds West 1,528.71 feet; thence North 89 degrees 25 minutes 50 seconds East 16.00 feet;
thence North 00 degrees 34 minutes 10 seconds West 47.64 feet; thence Northerly 104.11 feet
along an arc to the right, having a radius of 5,965.00 feet and subtended by a long chord having a
bearing of North 00 degrees 04 minutes 10 seconds West and a length of 104.11 feet; thence
North 00 degrees 25 minutes 50 seconds East 311.60 feet; thence Northerly 108.80 feet along an
arc to the left, having a radius of 7,035.00 feet and subtended by a long chord having a bearing of
North 00 degrees 00 minutes 45 seconds West and a length of 108.80 feet; thence North 00
degrees 27 minutes 21 seconds West 17.80 feet; thence North 34 degrees 29 minutes 45 seconds
East 26.18 feet; to the Point of Beginning, containing 0.917 acres, more or less.
This description was prepared for the City of South Bend Department
of Public Works and certified by Steven A. Jones, Indiana Registered
Professional Surveyor, License No. LS20200010, on the 10th day of
December, 2024.
Steven A. Jones, P.S
Indiana Registered Professional Surveyor No. LS20200010
EXHIBIT "A"
Project: 2100022 Sheet 2 of 5
Parcel 4B Temporary Right of Way For Drive Construction and Pipe Removal
Key #71-03-33-200-019.000-009
A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast
corner of said Northeast Quarter; thence North 00 degrees 34 minutes 14 seconds West 527.98
feet along the east line of said section to the south line of the grantor’s land; thence South 89
degrees 15 minutes 00 seconds West 40.00 feet along said south line to the Point of Beginning;
thence continuing South 89 degrees 15 minutes 00 seconds West 33.07 feet; thence North 00
degrees 34 minutes 10 seconds West 19.63 feet; thence North 89 degrees 25 minutes 50 seconds
East 33.07 feet; thence South 00 degrees 34 minutes 14 seconds East 19.52 feet; to the Point of
Beginning, containing 0.015 acres, more or less.
This description was prepared for the City of South Bend Department
of Public Works and certified by Steven A. Jones, Indiana Registered
Professional Surveyor, License No. LS20200010, on the 10th day of
December, 2024.
Steven A. Jones, P.S
Indiana Registered Professional Surveyor No. LS20200010
EXHIBIT "A"
Project: 2100022 Sheet 3 of 5
Parcel 4C Temporary Right of Way For Grading
Key #71-03-33-200-019.000-009 & 71-03-33-200-005.000-009
A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, described as follows: Commencing at the southeast
corner of said Northeast Quarter; thence North 00 degrees 34 minutes 14 seconds West 527.98
feet along the east line of said section to the south line of the grantor’s land; thence South 89
degrees 15 minutes 00 seconds West 40.00 feet along said south line; thence North 00 degrees 34
minutes 14 seconds West 69.52 feet to the Point of Beginning; thence North 11 degrees 58
minutes 49 seconds West 40.81 feet; thence North 00 degrees 34 minutes 10 seconds West
450.00 feet; thence North 04 degrees 02 minutes 23 seconds East 100.32 feet; thence South 00
degrees 34 minutes 14 seconds East 590.00 feet; to the Point of Beginning, containing 0.096
acres, more or less.
This description was prepared for the City of South Bend Department
of Public Works and certified by Steven A. Jones, Indiana Registered
Professional Surveyor, License No. LS20200010, on the 10th day of
December, 2024.
Steven A. Jones, P.S
Indiana Registered Professional Surveyor No. LS20200010
EXHIBIT "A"
Project: 2100022 Sheet 4 of 5
Parcel 4D Temporary Right of Way For Grading
Key #71-03-33-200-005.000-009 & 71-03-33-200-004.000-009
A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, described as follows: Commencing at the northeast
corner of said section; thence South 00 degrees 34 minutes 14 seconds East 714.00 feet along the
east line of said section; thence South 89 degrees 14 minutes 56 seconds West 40.00 feet to the
Point of Beginning; thence South 00 degrees 34 minutes 14 seconds East 399.39 feet; thence
North 04 degrees 42 minutes 02 seconds West 250.65 feet; thence North 00 degrees 25 minutes
13 seconds West 353.14 feet; thence North 04 degrees 23 minutes 16 seconds East 198.11 feet;
thence South 00 degrees 34 minutes 14 seconds East 401.13 feet to the Point of Beginning,
containing 10157 square feet or 0.233 acres, more or less.
This description was prepared for the City of South Bend Department
of Public Works and certified by Steven A. Jones, Indiana Registered
Professional Surveyor, License No. LS20200010, on the 10th day of
December, 2024.
Steven A. Jones, P.S
Indiana Registered Professional Surveyor No. LS20200010
EXHIBIT "A"
Project: 2100022 Sheet 5 of 5
Parcel 4E Temporary Right of Way For Lawn Grading and Sign Removal
Key #71-03-33-200-004.000-009
A part of the Northeast Quarter of Section 33, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, described as follows: Commencing at the northeast
corner of said section; thence South 89 degrees 32 minutes 57 seconds West 40.00 feet along the
north line of said section; thence South 00 degrees 34 minutes 14 seconds East 70.27 feet to the
Point of Beginning, which point is where the west boundary of Bendix Drive meets the
southwestern boundary of the intersection of said Bendix Drive and Lathrop Street; thence South
00 degrees 34 minutes 14 seconds East 142.79 feet along said Boundary of Bendix Drive; thence
North 08 degrees 24 minutes 17 seconds West 150.96 feet; thence North 59 degrees 51 minutes
05 seconds West 45.96 feet to the south boundary of said Lathrop Street; thence North 89
degrees 32 minutes 57 seconds East 30.04 feet along said south boundary; thence thence South
45 degrees 27 minutes 03 seconds East 42.57 feet along said southwestern boundary of Bendix
Drive and Lathrop Street to the Point of Beginning, containing 0.047 acres, more or less.
This description was prepared for the City of South Bend Department
of Public Works and certified by Steven A. Jones, Indiana Registered
Professional Surveyor, License No. LS20200010, on the 10th day of
December, 2024.
Steven A. Jones, P.S
Indiana Registered Professional Surveyor No. LS20200010
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date 9/14/2026
Name Leslie Biek, PE Department PW
BPW Date 9/22/2026 Phone Extension 9323
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
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: Temporary and Permanent Right of Way Ease./Encroach
Required Information
Company or Vendor Name St. Joseph County Airport Authority
New Vendor Yes If Yes, Approved by Purchasing No
MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No
Project Name Bendix Ph 2 Improvements from Lathrop to Voorde
Project Number 121-047: Des # 2100022; PROJ 338
Funding Source PR 50110
Account No.
Amount $130,100 Terms of Contract
Purpose/Description Permanent and Temporary Right-of-Way for the construction of the Bendix Ph 2 project at the properties owned by the Airport Authority
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: