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f <br />as Record Number 9328170 (collectively, "Easement No. 1 "); (ii) that Right of Way Agreement <br />granted 6/8/1957 and recorded in the St. Joseph County Recorders Office at Book 568, page 21, <br />as amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded <br />7/22/93 at the St. Joseph County Recorder's Office as Record Number 9328168 (collectively, <br />"Easement No. 2 "); and (iii) that Right of Way Agreement granted 5/13/1957 and recorded in the <br />St. Joseph County Recorders Office at Book 568, page 19, as amended by the Partial Release of <br />Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County <br />Recorder's Office as Record Number 9328169 (collectively, "Easement No. 3 "; and collectively <br />with Easement No. 1 and Easement No. 2, the "Pipeline Easements "); and <br />WHEREAS, it appears that the Site is subject to the Easement No. 2 and Easement No. 3 <br />and provides MPL an easement of thirty (30) feet on either side of the centerline of its current <br />pipeline for a total of sixty (60) feet; and <br />WHEREAS, MPL has withheld its approval of the portion of the Project subject to <br />Easement No. 2 and Easement No. 3 pending the execution of a Development Agreement with <br />the South Bend Redevelopment Authority (the "Authority "), the South Bend Redevelopment <br />Commission and the Developer and the settlement of other disputes MPL contends that is has <br />with the Authority; and <br />WHEREAS, MPL, the Developer and the Authority represent that it has agreed to the <br />terms of a Settlement Agreement and Release (the "Settlement Agreement ") which provides for <br />MPL to approve the portion of the Project subject to Easements No. 2 and Easement No. 3; and <br />WHEREAS the Developer has represented to the Commission that he is prepared to <br />P P P p <br />proceed with the Project and to negotiate, finalize and execute the Purchase Contract; and <br />WHEREAS, the Commission previously has authorized the construction of certain utility <br />improvements, including the relocation of a water line and a sewer line (the "Utility <br />Improvements "), along with the relocation of a cart path and a water line for the golf course <br />sprinkling systems (the "Additional Improvements" and with the Utility Improvements, the "Site <br />Improvements "); and <br />WHEREAS, the Board of Public Works of the City of South Bend (the "Board ") has <br />awarded a bid for the Site Improvements subject to the Developer's execution of a Purchase <br />Contract with the Commission; provided that the Board is able to issue a notice to proceed in <br />accordance with the Indiana Code § 36 -1 -12; and <br />WHEREAS, the Commission desires to approve the form of the Purchase Contract and <br />the documents contained or contemplated therein, including but not limited to a Utility <br />Easement, a Deed and the other certificates and agreements attached thereto or contemplated <br />therein (collectively, the "Purchase Documents ") and to authorize the President of the <br />Commission (the "President ") or the Vice - President of the Commission (the "Vice- President ") to <br />2 <br />F: IDATAISHAREV egall WpdatalSEPlEconomic DevelopmentDIackthorn HotelWesolution Approving Form Of Blackthorn Hotel Development <br />Agreement.Doc <br />