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South Bend Redevelopment Commission <br />Regular Meeting - September 2, 1994 <br />6. NEW BUSINESS (Cont.) <br />a. continued... <br />in a portion of an easement which is located <br />upon property that is owned by the <br />Commission. The acquisition is part of a <br />parking easement owned by Azar, Inc., the <br />owners of The Wharf restaurant. It is <br />located to the west of the Opelika Building <br />and to the east of The Wharf. <br />The easement, including the portion to be <br />taken, grants The Wharf non - exclusive <br />rights to park within it at certain times on <br />certain days of the week. The Commission <br />owns the underlying fee title to the property <br />which it acquired through its acquisition of <br />the Opelika site. Although the Commission <br />has transferred title to the building, it retains <br />title to the surrounding land, including the <br />land underlying the easement. The <br />Commission also enjoys the right to use the <br />easement area itself. <br />The Commission did not acquire the <br />easement or any portion of it at the time it <br />acquired the Opelika property for a number <br />of reasons: 1) the easement is a non- <br />exclusive easement; by acquiring the <br />underlying land, it acquired the right to use <br />the easement; 2) the interest in, and final <br />choice concerning, the development of the <br />Opelika Building was not known at the time <br />the property was acquired. It was <br />anticipated that the development of the site <br />could be accomplished with the easement in <br />tact or, if the development of the site could <br />not be accomplished with the easement in <br />tact, it was anticipated that an agreement <br />-10- <br />