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HomeMy WebLinkAbout#1382- Deed; RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES RE, Coveleski Stadium-9=/3 $a RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES (RE: COVELESKI STADIUM) T RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES This Release of Rights and-- //Easements, made and entered into as of this �� iP day of �,�/U, 1986, by the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, by and on behalf of B4rd :Df ublic Works (hereinafter referred to A_ as "City") .dr na �*" r N a i'i. 1 i.■ i,J M� W I T N E S S E T H:LA n the City is entitled to the use of easements reserved by UWHEREAS, he 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 described property in St. Joseph County, Indiana: 7 6"""1 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" East, 177.00 feet; thence 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 891 51' 44" West, along said North line of South Street, 249.52 feet; thence North 89' 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. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ohn E. Leszczynski WINNE`!�..�`..., )�� f z--'? Katherine Barnard Date Attest: Clerk of the Board of Public Works -2- OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Personally appeared before me, a Notary Public for said County and State, 1 , 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 �jj, Aj' 4__ 1986. 4an��_k. Parmerlee Notary Public Residing in St. Joseph County Expires: This document prepared by Thomas L. Bodnar, Chief Deputy City Attorney 1400 County -City Building, South Bend, IN 46601 121 -2- 5-. u, d -) f -, B f), 6 'j - KdO 14,0 ST-JOSE;;H I N D I A ri FILED FC)R SEP ikl 169 R L """•' 1, 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 Ir the area in which the Stanley Coveleski Regional Stadium Prc,ject was being constructed, a rd 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: SAY`': `�t f.:: _: f• Beginning at the Southwest corner of Lot 8, Block 10 of `Yryx� x; said Vail's Southwest Addition; thence North 000 00' 00" East along the East lire 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, ... 177.00 feet; thence South 89° 51' 44" East, 362.00 feet thence South 450 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 8911 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 on the 19th day of August, 1986. ATTEST: Clerk of the Board of Public Works CITY OF SOUTH BEND a, 'Mo rim -n BOARD OF PUBLIC WORKS' rn G -� Co John E. Le szc zynski' c Michael L Tvance vx Katherine Barnard Da to N STATE OF INDIANA ) ) ss; COUNTY OF ST, JOSEPH ) Personally appeared before me, a Notary Public for said County and State, d�k�r� ��ez�,e�;yr:t�ki, 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 work$. rJ Witness my hand and notarial seal this �j 7 day of -��... ��j 9 1986. 28ra "�7�,.v1Ay''Goli.T '"Ists;ion Expires : �1. Parmerlee ........ 1' Notary Public {,'� '�t�i Residing in St. Joseph County i 'phis Instrument prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County -City Building, Sough Bend, IN L 46601 /23 RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES This Release of Rights and Easements, made and entered into as of ,/ i this �l _ '�f day of--=J=���= ; 1;,,_�.a ; 1986, by the City of South Bend, Indiana, a municipal corporation 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 described property in St. Joseph County, Indiana: LANtiSCRIPTION 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 001 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" East, 177.00 feet; thence South 890 51' 4 4" East, 362.00 feet;, thence South 45' 00' 00" East, 120.00 feet; thence South 001 00' 00" West, 310 feet; thence South 45' 00' 00" West, 199.53 feet to the North line of South Street; thence North 89' 51' 4 4" 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 6.5147 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. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS John E. Leszczynski Mfc7hael E4. Vance Katherine arnard Da to j Attest: J/ 'Clerk of the /Board of Public Works CPZ: STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) personally appeared before me, a Notary Public for said County and State, , 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 1986. A / Sandra M. Parmerlee Notary Public Residing in St. Joseph County My Commission Expires: July 24, 1988 This document prepared by Thomas L. Bodnar, Chief Deputy City Attorney /21 1400 County -City Building, South Bend, IN 46601 -2- RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES This Release of Rights and Easements, made and entered into as of A this a/)`��day of /� ,; �; �,GzJ�/, 1986, by the City of South Bend, Indiana, a municipal corporation 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 described property in St. Joseph County, Indiana: 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 00° 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" East, 177.00 feet; thence South 890 51' 44" East, 362.00 feet;, thence South 450 00' 00" East, 120.00 feet; thence South 0011 00' 00" West, 310 feet; thence South 450 00' 00" West, 199.53 feet to the North line of South Street; thence North 890 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, co,:taining 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. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS John E. Leszczynski Michael L. Vance herine Barna d Date Attest: Clerk of the Board of Public Works -2- STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Personally appeared before me, a Notary Public for said County and State, John E. s-&"-yn­s-ki, 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 c��� "6- day of 1986. Sandra M. Parmerlee Notary Public Residing in St. Joseph County My Commission Expires: July 24, 1988 This document prepared by Thomas L. Bodnar, Chief Deputy City Attorney /21 1400 County -City Building, South Bend, 1N 46601 -2-