No. 1284 amending the SBCDA development plan (Design Packaging, Inc., 600 N. Niles Ave.)

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EXIIIBIT A RESOLUTION NO. 1284 To Be Acquired Parcel Owner's Name (Sq. Ft.) Easement on Azar, Inc. /CharKing, Inc. 4,818 EM Certain easement rights pertaining to a parcel of real estate situated in St. Joseph County, Indiana, described as parcel C, below: A portion of a - parking easement recorded in book 815 page 113 of the St. Joseph County Recorder's Office, South Bend, Indiana. This is a non - exclusive easement affecting property located at 322 E. Colfax Avenue. The subject property is commonly known as the Stephenson Mill property and is owned by the City of South Bend. The beneficiary of the easement rights to be appraised is the Char -Ring, Inc. /Wharf Restaurant property located at 320 E. Colfax Avenue, South Bend, Indiana. The easement is a non- exclusive parking easement benefiting the Wharf Restaurant for its use between the hours of 5:00 p.m. and 2:00 a.m., Monday through Saturday and from 12:00 a.m. to 12:00 p.m. on Sundays. The non - exclusive parking easement does not prohibit parking by the owner's of the real estate, in other words, parking between the hours previously stated is on a first come first served basis for the property owner and the beneficiary of the easement. The subject of this appraisal assignment has further been defined as three described easement areas. Easement A is the original easement containing .1512 acres of land area surfaced with older asphalt paving and accommodating sixteen parking spaces according to the appraiser's calculations. Easement B is the proposed new easement containing .0406 acres of land area which is currently being improved with asphalt paving, drywells, concrete curbing, landscaping, lighting, and which will accommodate ten parking spaces. Easement C is described as Parcel A minus Parcel B containing .1106 acres surfaced with older asphalt paving and accommodating six parking spaces according to the appraiser's calculations. In essence, Parcel C represents the reduction in easement area to the beneficiary which is the Wharf Restaurant. LEGAL DESCRIPTION A legal description of the subject easement area has been prepared by Peirce & Associates Land Surveyors, South Bend, Indiana as job #941724, dated August 18, 1994. Parcel A is described as: Beginning at a point on the south line of Colfax Avenue, 374.78' west of the west line of Niles Avenue, said south line of Colfax Avenue having an assumed bearing of N 90 degrees 00'00" E (due east and west); thence south 00 degrees 56'00" E a distance of 188.201; thence east 351; thence north 00 degrees 5610" west 188.201; thence west 35' to the point of beginning containing 0.1512 acres. Parcel B is described as: That part of Lot #2 of the recorded plat of "Opelika Minor Subdivision" recorded by document #9341067 in the records of the St. Joseph County, Indiana Recorder's Office and being more particularly described as: Beginning at a point which south 89 degrees 54100' east, 12.01' and south 00 degrees 56155" east, 18.001; from the northwest corner of said Lot; thence south 89 degrees 54100" east, 19.00'; thence south 00 degrees 56155" east, 93.00'; thence north 89 degrees 54'00" west, 19.001; thence north 00 degrees 56'55" west, 93.00' to the Point of Beginning. Parcel C is described as: Parcel A minus Parcel B, containing .1106 acres. -22L- 9/2/94