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Home My WebLink About#1368- Deed; RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIEIS RE, Coveleski Stadium (See 1382)Ii3( � RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES - (COVELESKI REGIONAL STADIUM) q- , , _e G�/�� RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES j This Release of Rights and Easements, made and entered into as of this L �/� day of 1986, by the City of South Bend, r Indiana, a municipal c rporation duly organized and existing pursuant to the Laws of the State of Indiana, by and on behalf of the Board of Public Works (hereinafter referred to as "City") . W I T N E S S E T H: WHEREAS, the City is entitled to the use of easements reserved by the City of South Bend, St. Joseph County, Indiana in Ordinance No. 7643-86 which rights -of -way and easements are reserved in Section II relating to former streets and alleys, therein vacated; and WHEREAS, the project known as the Stanley Coveleski Regional Stadium Project which involves construction by the City on behalf of its Park Board, which Board is acting for itself and as agent for Security Pacific National Bank, is located on a portion of the property constituting the Stanley Coveleski Regional Stadium; and WHEREAS, the City and its Board of Public Works has no need for the rights and easements reserved to it in said Ordinance No. 7643-86 pertaining to the portion of the property constituting the Stanley Coveleski Regional Stadium property; and WHEREAS, it is to the benefit of the City of South Bend that the Stanley Coveleski Regional Stadium be completed; and NOW, THEREFORE, in consideration of the premises and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the City releases all rights and easements and agrees never to use in any manner or for any purpose the rights and easements reserved to itself in Ordinance No. 7643-86 in the following,ndescribed property in St. Joseph County, Indiana: ;.. 710r- cn rn •Lw i �• gin -K,1 W try �• LAND DESCRIPTION A part of Vail's Southwest Addition to South Bend as shown on the Recorded Plat thereof in the St. Joseph County, Indiana, Recorder's Office, more particularly described as follows: Beginning at the Southwest corner of Lot 8, Block 10 of said Vail's Southwest Addition; thence North 000 00' 00" East along the East line of the north -south alley between Taylor Street and William Street to the Northwest corner of Lot 1, Block 10 of said Vail's Southwest Addition; thence North 450 00' 00" West, I 00 f t• h a ee , t ence South 89 51' 44" East, 362.00 feet; thence South 45' 00' 00" East, 120.00 feet; thence South 001 00' 00" West, 310 feet; thence South 450 00' 00" West, 199.53 feet to the North line of South Street; thence North 89' 51' 44" West, along said North line of South Street, 249.52 feet; thence North 890 40' 05" West, along said North line of South Street, 181.41 feet to the Point of Beginning, containing 6.547 acres, more or less. IN WITNESS WHEREOF, the City of South Bend through its Board of Public Works, has caused this Release of Rights and Easements to Construct and Maintain Facilities to be executed as of the date first above written. Attest: ✓%� �� "Clerk of the Board of Public Works CITY OF SOUTH BEND BOARD OF PUBLIC WORKS i Michael L. VcAnce K&- L --,9 Katherine Barnard -2- STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) Personally appeared before me, a Notary Public for said County and State, John E. Leszczynski, Michael L. Vance and Katherine Barnard, known to and by me as members of the Board of Public Works, City of South Bend, and acknowledged the execution of the foregoing instrument as the authorized act of the said Board of Public Works. Witness my hand and notarial seal this /�` �� . day of;LL� 1986. Kpires: / A rd Sandra Parmerlee Notary Public Residing in St. Joseph County This instrument was prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County --City Building, South Fiend, Indiana 46601. TLB / 21 -3- ST. JOS i)-" Co- I'l "N 'FILED FOR RL,,, ()R D sip � i �� FILAR CITY ®f SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 John E. Leszczynski Director. P«blic Works July 23, 1986 Board of Public Works County -City Building South Bend, IN 46601 RE: Covelski Stadium Gentlemen: Please accept this release of rights and easements on behalf of the City of South Bend. Very truly yours, Joseph J. P1uta, P.E., Director Division. of Engineering JJP:g1 (219) 284-9251 BOARD OF PUBLIC WORKS D AT E : September 17 L9Q6_ TO: THOMAS BODNAR CHIEF DEPUTY CITY ATTORNEY FROM: SANDRA M. PARPZERLEE, CLERI RE: RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES As you will recall, on August 19, 1986, the Board of Public Works accepted and approved a Release of Rights and Easements to Construct and Maintain Facilities as it relates to the Stanley Coveleski Regional Baseball Stadium Project. On September 2, 1986, the Release was recorded in the St. Joseph County Recorder's Office. On September 16, 1986, I was advised by Mel Humphrey of the Engineering Department that the legal description contained in the Release contains an error. I would appreciate your advising how to proceed with this Release in light of the error. Thanks! smp Enc. � RESOLUTION NO. 22-1986 RESOLUTION OF THE BOARD OF PUBLIC WORKS TO RESCIND RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN .FACILITIES AS GRANTED ON AUGUST 19, 1986 WHEREAS, the Board of Public 'Works of the City of South Bend on the 19th day of August, 1986, passed a Release of Rights and Easements concerning certain property in the area in which the Stanley Coveleski Regional Stadium Project was being constructed; and WHEREAS, said release included an improper description of the real estate involved, said improper description reading as follows : A part of Vail's Southwest Addition to South Bend as shown on the Recorded Plat thereof in the St. Joseph County, Indiana, Recorder's Office, more particularly described as follows: Beginning at the Southwest corner of Lot 8 Block 10 of said Vail's Southwest Addition; thence North 000 00, 00" East along the East line of the north -south alley between Taylor Street and William Street to the cF Northwest corner of Lot 1, Block 10 of said Vail's Southwest Addition; thence North 451 00' 00'° West, 44 East 177.00 feet; thence South 89° 51 ' " 362.00 feet; thence South 45° 00' 00" East, 120.00 feet; thence .,� ,:- ";g,..,R South 001 00, 00" West, 310 feet; thence South 450 00' 00" West, 199.53 feet to the North line of South Street; thence North 890 511 44" West, along said North line of South Street, 249.52 feet; thence North 890 40' 05" West, along said North line of South Street, 181.41 feet to the Point of Beginning, containing 6,547 acres, more or less. WHEREAS, the Board of Public Works of the City of South Bend wishes to correct this error; and Now, THEREFORE, BE IT RESOLVED the said Board of Public Works rescinds the Release of Rights and Easements granted or, the 19th day of August, 1986. A TTEST: J/ Clerk of the Board of Public Works CITY OF SOUTH BEND 11 em BOARD OF C'UBL,SC woRK.s Cn 'tl � a� �'• i> r•� John E. Leszczynski Michael L1 Vance Katherine Barnard Da to ' r STATE OF INDIANA COUNTY OF ST. JOSEPH ) SS: Personally appeared before me., a Notary Public for said County and State, je#n - 1, Michael L. Vance and Katherine Barnard, knorm to and by me as members of the Board of Public Works, City of South Bend, and acknowledged the execution of the foregoing instrument as the authorized act of the ,said Board of Public Works. Witness my hand and notarial seal this 77 of tiyrGoirriy.'sion Expires: an ra M.Parmerlee Notary Public Residing in St. Joseph County This instrument prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County --City Building, South Bend, IN 46601 /23 -2-