HomeMy WebLinkAboutNo. 2085 approving the granting of certain easements to Indiana & Michigan Power Co. related to infrastructure improvements in the AEDA14
RESOLUTION NO. 2085
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA
REDEVELOPMENT COMMISSION APPROVING THE GRANTING OF CERTAIN EASEMENTS
TO INDIANA & MICHIGAN POWER COMPANY RELATED TO INFRASTRUCTURE
IMPROVEMENTS IN THE AIRPORT ECONOMIC DEVELOPMENT AREA
WHEREAS, pursuant to the powers granted under Ind. Code § 36- 7 -14 -1, et seq., the South Bend
Redevelopment Commission ( "Commission ") has previously declared an area within the City of South Bend to be
an economic development area commonly known as the "Airport Economic Development Area "; and
WHEREAS, the Commission is the owner of certain real properties ( "Property ") which are located within
Airport Economic Development Area, said Property being more particularly described at Exhibit `A " attached
hereto and incorporated herein
WHEREAS, Indiana & Michigan Power Company ( "I & M ") is constructing and installing certain utilities
within the Airport Economic Development Area; and
WHEREAS, I & M requires certain easements across and under the Property in order to complete the
infrastructure improvements for the Airport Economic Development Area and the Commission desires to grant said
easements; and
WHEREAS, the Commission believes that it is in the best interests of the public that the easement interests
Property transfer be completed and that all necessary approvals are taken in a timely manner.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
COMMISSION, AS FOLLOWS:
1. The Commission hereby finds that the granting of said easements is reasonable and necessary to
the economic development of the Airport Economic Development Area and that such use is
consistent with the Airport Economic Development Area Development Plan.
2. The Commission hereby approves the form of Distribution Easement presented to the Commission
at this meeting and authorizes the President of the Commission to execute and the Vice President
or Secretary to attest said agreement in the form presented at this meeting with such changes as
may be suggested by legal counsel and approved by the President and Vice President or Secretary
with such approval evidenced by the execution and attestation respectively, thereof.
3. The Commission hereby authorizes the either (i) the President of the Commission to execute and
the Vice President or Secretary to attest or (ii) the Commission's legal counsel to execute on its
behalf any and all other documents necessary to effectuate the closing of the real estate transaction
upon the advice of legal counsel.
4. This Resolution shall be in full force and effect from and after its passage by the Commission.
ADOPTED at a meeting of the South Bend Redevelopment Commission, held on August 20, 2004 at 1308
County -City Building, South Bend, Indiana 46601.
(wi SOUTH BEND REDEVELOPMENT COMMISSION
By:
Its: President
ATTEST:
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Exhibit "A"
Legal Description
A lot or parcel of land in the Northeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range
2 East, described as follows:
Beginning on the center line of Olive Road, at a point 1098.90 feet East and 1640.1 feet North of the Southwest
corner of said Section 19, running thence North along the center line of said Olive Road, a distance of 120 feet,
thence East 200 feet, thence South 120 feet, thence West 200 feet to the place of beginning; and
A lot or parcel of land in the Northeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range
2 East, described as follows:
Commencing at the Southwest Corner of Section 19, Township 38 North, Range 2 East, thence Northerly 2855.36
feet to a point, said point being the intersection of the Westerly line of said Section and the centerline of the Indiana
East -West Toll Road; thence Easterly along the centerline of said Toll Road; 10 19.3 6 feet to a point; said point
being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road,
1416.28 feet to the point and place of beginning; thence Easterly 200 feet to a point; thence Southerly 200 feet to
a point; thence Westerly 200 feet to a point; thence Northerly 120 feet to the point and place of beginning; and
A lot or parcel of land in the Northeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range
2 East, described as follows:
Commencing at the Southwest Corner of Section 19, Township 38 North, Range 2 East, thence Northerly 2855.36
feet to a point, said point being the intersection of the Westerly line of said Section and the centerline of the Indiana
East -West Toll Road; thence Easterly along the centerline of said Toll Road; 10 19.3 6 feet to a point; said point
being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road,
1216.28 feet to the point and place of beginning; thence Easterly 200 feet to a point; thence Southerly 200 feet to
a point; thence Westerly 200 feet to a point; thence Northerly 200 feet to the point and place of beginning.
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