2006-05-03 Resolution 157 - Laserfiche WebLink

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.~'. RESOLUTION NO. • RESOLUTION OF THE SOUTH BEND REDEVELOPMENT AUTHORITY APPROVING FORMS OF AGREEMENTS RELATING TO A CERTAIN PIPELINE EASEMENT AFFECTING THE BLACKTHORN GOLF COURSE AND CORPORATE OFFICE PARK AND OTHER RELATED MATTERS WHEREAS, the South Bend Redevelopment Authority (the "Authority") owns the property set forth at Exhibit A (the "Site"); and WHEREAS, the Authority is obligated to transfer Lot 3A (as defined at Exhibit A) to the South Bend Redevelopment Commission (the "Commission") pursuant to the terms of a Lease dated August 1, 1990, as amended; and WHEREAS, the Authority and the Commission desire to provide for the development of Lot 3A; and WHEREAS, the Commission has entered into a certain Contract for Sale of Land for Private Development, by and among the Commission, JF+A Properties, Ltd./CII&P and County Mayo/SB, LLC (collectively, the "Developer"); and WHEREAS, the Developer desires to construct a hotel and other improvements complimentary thereto, including a parking lot (collectively, the "Developer Improvements") on Lot • 3A and an approximately 40 foot by 375 foot a portion of Lot 7 (the "Hotel Site"); and WHEREAS, the Marathon Pipe Line LLC ("MPL") is the beneficiary of (i) that Right of Way Agreement granted 5/15/1957 and recorded 5/27/1957 in the St. Joseph County Recorders Office at Book 567, pages 113-114, as amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County Recorder's Office as Record Number 9328170 (collectively, "Easement No. 1"); (ii) that Right of Way Agreement granted 6/8/1957 and recorded in the St. Joseph County Recorders Office at Book 568, page 21, as amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County Recorder's Office as Record Number 9328168 (collectively, "Easement No. 2"); and (iii) that Right of Way Agreement granted 5/13/1957 and recorded in the St. Joseph County Recorders Office at Book 568, page 19, as amended by the Partial Release of Right of Way Agreement executed on 7/16/93 and recorded 7/22/93 at the St. Joseph County Recorder's Office as Record Number 9328169 (collectively, "Easement No. 3"; and collectively with Easement No. 1 and Easement No. 2, the "Pipeline Easements"); and WHEREAS, it appears that the Site, including Lot 3A, is subject to the Pipeline Easements and provides MPL an easement of thirty (30) feet on either side of the centerline of its current pipeline for a total of sixty (60) feet; and WHEREAS, MPL contends that the Authority is responsible for the owner of Lot 1 A • F.~ IDATAISHAREILega11 Wpdata4SEPIEconomic DevelopmentlBlackthorn HoteIIRA Resolution Approving Form of Marathon Easement Agreement.doc