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HomeMy WebLinkAbout#1388- Deed; RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES (Coveleski Stadium)RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES I & M ELECTRIC CO. (COVELESKI STADIUM) --P�/3 99 RELEASE OF RIGHTS AND EASEMENTS TO CONSTRUCT AND MAINTAIN FACILITIES This Release of Rights and Easements, made and entered into as of this 3zd. day ofpctober , 1-986, by the INDIANA & MICHIGAN ELECTRIC COMPANY, a corporation duly organized and existing pursuant to the laws of the State of Indiana (herein referred to as "Corporation") . �. W I T N E S S E T H:'` WHEREAS, the Corporation was entitled to the use of easements, •" n'w r! in the following area: A part of,Vail's Southwest Addition to South Bend asw 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 115' 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 001 00' 00" West, 310 feet; thence South 450 00' 0011 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, which rights -of -way and easements include but are not limited to those in the rights -of -way of former streets and alleys of the City of South Bend, which have since been vacated by the City of South Bend; and WHEREAS, the project known as the Stanley Coveleski Regional Stadium Project which involves construction by the City of South Bend 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 Corporation has no need for the rights and easements reserved to it in said Vacation Resolution pertaining to c th�podZion of the property constituting the Stanley Coveleski Regd onaf,'Stad ium Property site; and �__:T NOW,,__THEREFORE, in consideration of the premises and other ,.valuablezeprisideration , receipt and sufficiency of which are hereby N Pr acknowledged, the Corporation releases all rights and easements and agrees never to use in any matter or for any purpose the rights and easements over the following described property in St. Joseph County, Indiana: A part of Vail's Southwest shown on the Recorded Plat County, Indiana, Recorder's described as follows: Addition to South Bend as thereof in the St. Joseph Office, more particularly 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 45' 00' 00" East, 177.00 feet; thence South 89' 51' 44" East, 362.00 feet; thence South 450 00' 001€ East, 120.00 feet; thence South 000 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' 44" West, along said North line of South Street, 249.52 feet; thence North 891 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 proper officials have caused this Release of Rights and Easements to Construct and Maintain Facilities to be executed as of the date first above written. INDIANA & MICHIGAN ELECTRIC COMPANY ByR. C. Men v4--) By . �Vi&RE STATE OF INDIANA ) CK•ds'��; SS: APP'R,:. COUNTY OF -�J— } dery Personally appeared before me, a Notary Public for said County and State , R. C. Menge Carl J. Moos known to and by me as members of Indiana & Michigan Electric Company, and acknowledged the execution of the foregoing instrument as the authorized act of the said Corporation. Witness my hand and notarial seal this irri day '• oct�be `�''s;:z r 1986. My Commission Expires: Steven K. Kipf, c N J, air �p .b =ic Residing in .T€€n€-- Fi, 1989_ _ ,� q��.. F^i,y + This instrument was prepared by Thomas L. Bodnar, Chief Deputy City Attorney, 1400 County -City Building, South Bend, IN 46601 22 -2-