HomeMy WebLinkAbout2006-05-03 Resolution 157.~'.
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
constructing a building on its property against MPL's desires (the "Lot lA Dispute"); and
WHEREAS, MPL further contends that an asphalt drive on Lot 1 B and Lot 1 C as such terms
(
are defined at Exhibit A) also encroaches the Pipeline Easements (the "Asphalt Drive"); and
WHEREAS, MPL is unwilling to allow for any development of the Hotel Site, the
construction or presents of which may encroach its rights under the Pipeline Easements until the
issues involving the Asphalt Drive and the Lot lA Dispute are resolved; and
WHEREAS, MPL contends that the Developer's Improvements would be considered an
encroachment of the Pipeline Easement; and
WHEREAS, a form of a Settlement Agreement and Release along with forms of the
Easement Amendment and the Irrevocable License Agreements contemplated thereby (the
"Easement Documents") have been submitted to the Authority; and
WHEREAS, in order to induce MPL to grant the Authority (and ultimately the Developer) an
irrevocable license permitting the Developer Improvements on the Hotel Site, the Authority desires
to approve the form of the Easement Documents and to authorize the President of the Authority (the
"President") and/or the Secretary of the Authority (the "Secretary") to execute the Easement
Documents, with such changes as such officer or officers may approve upon the advice of legal
counsel;
• NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT
AUTHORITY AS FOLLOWS:
1. The Authority hereby approves the form of the Easement Documents as presented to
the Authority at this meeting, and the Secretary is instructed to include a copy of said Agreement
with the minutes of this meeting.
2. The Authority hereby authorizes and directs the President and/or the Secretary to
negotiate, execute and deliver the Easement Documents and other documents contemplated thereby
or incidental thereto on behalf of the Authority in the form approved by the Authority, with such
changes either in form or substance as may be approved by the President and/or Secretary, upon the
advice of the legal counsel, with such approval to be conclusively evidenced by such execution. The
Secretary and Donald Inks, the Director of Redevelopment Authority, are further authorized to attest
the signatures of the President and Secretary, respectively, on the Easement Documents and other
documents contemplated thereby or incidental thereto.
3. This Resolution shall take effect immediately upon its adoption by the Authority.
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ADOPTED at a meeting of the South Bend Redevelopment Commission held on May 3,
2006 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601.
SOUTH BEND REDEVELOPMENT
AUTHORITY
ATTEST:
arez
•
~~l
Carolyn V. Pfote auer
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EXHIBIT A
Legal Description of Site
The Site, as defined in this Agreement, shall consist and apply to only the following
parcels:
Lot 1B
Lot 1 B Blackthorn Corporate Office Park Minor #3 recorded October
30, 1995, Record Number 9536275
(Such property shall be referred to herein as "Lot 1B".)
Lots 1C
Lot 1 C Blackthorn Corporate Office Park Minor #3 recorded October
30, 1995, Record Number 9536275
(Such property shall be referred to herein as "Lot 1 C".)
Lot 3A
Lot 3A Blackthorn Corporate Office Park Major Subdivision #Two
Section Three, recorded May 29, 2001 in the Office of the Recorder
of St. Joseph County, Indiana, as Instrument No. 0123942
Such roe shall be referred to herein as "Lot 3A".
( p p riY )
Lot 7
Lot 7 Blackthorn Corporate Office Park. recorded October 7, 1994 in
the Office of the Recorder of St. Joseph County, Indiana, as
Instrument No. 9438010
(Such property shall be referred to herein as "Lot 7".)
Lot 8
Lot 8 Blackthorn Corporate Office Park Minor Sub #7 recorded
7/13/98, Record Number 9836274 ("Lot 8")
(Such property shall be referred to herein as "Lot 8".)
F: (DATA VSHAREILega11 WpdatalSEPlEconomic DevelopmentlBlackthorn HoteIIRA Resolution Approving Form of Marathon Easement
Agreement.doc